Ensuring Outdoor Fireplace and Fire Pit Compliance with Local Regulations: A Guide

Outdoor fireplaces and fire pits are extremely popular additions to homes today. These features help to extend the usability of outdoor spaces, especially for those who live in colder climates, and serve as central gathering places for family and friends.

There are many different types of outdoor fireplaces and fire pits, including those that burn wood and run on either gas or electricity. Because of the obvious dangers involved with an open flame, there are local regulations and compliance standards put in place in most parts of the country.

Fire pit laws and restrictions often vary by neighborhood, city, county and state, so it’s essential that you check your local regulations before you construct and use a fire pit. 

These restrictions set standard distances at which fire pits and outdoor fireplaces must be located away from a building, to prevent against the potential for the main structure on a property from catching fire. Recreational fires also must meet specific location and size requirements.

What’s more, many regions restrict the usage of fire pits and outdoor fireplaces if wildfires are burning nearby, if the possibility for a wildfire igniting is high or if the air quality is low.

Understanding the local laws and regulations as it relates to fire pits and outdoor fireplaces is important, both from a practical and safety standpoint. We discuss some of the general restrictions and guidelines below.

Defining Recreational Fires and Open Burning

The first thing you must understand about outdoor fireplaces and fire pits is that they are considered recreational fires. These fires are typically defined as any outdoor fire that burns materials other than trash and rubbish.

With these fires, the fuel that’s used has to be contained by a device — typically a fire pit, grill or cooking apparatus. 

Open burning is considered an entirely different thing. It is defined as materials being a burn that doesn’t pass through a stack or a chimney.

The types of materials that can be included in an open burn will vary by location. For instance, some municipalities may allow leaves to be burned in an open burn while others will not.

Fire pits, in most cases, fall under the category of open burning, since there is no chimney or stack, whereas outdoor fireplaces are considered recreational burning.

Since there are different rules and regulations for each type of burning, it’s important to understand how your municipality defines open and recreational burning — what rules apply to each.

Obtaining Necessary Permits

If permits are necessary to build a fire pit or outdoor fireplace, they will usually be put in place and regulated by your local fire department. 

Generally speaking, most locations don’t require a permit for open burns that happen at a campsite or in a fire pit — especially if the fire pit is one of the portable types that you can buy at a hardware store.

Permanent fire pits that are constructed as part of a larger masonry project, as well as most permanent outdoor fireplaces, may be subject to fire department permits.

In most cases, burn permits are required only for industrial purposes. However, it’s always advisable to contact your local fire department to confirm what requirements they have for burning.

Learn the rules for what is needed when you get a fire pit or outdoor fireplace, or if you plan to burn tree limbs, shrubs and/or leaves.

Safety and Compliance

Municipalities, counties and states put regulations on outdoor burning in place to keep everyone safe. Not only are these regulations meant to protect those who are burning from harm, but also to protect other members of the community as well as structures such as buildings.

Again, while these regulations can vary greatly from one location to the next, here is a general description of what some of them include.

Distance and Measurements

Many municipalities require the fuel area of a fire pit to be less than two feet high and three feet in diameter. This ensures that the materials that are being burned, as well as the ash that they produce when they’re burned, stays in a contained space.

There are also often regulations in place for the distance that must exist between any outdoor fire feature and other combustible materials. These distances usually depend on the type of outdoor feature. 

For instance, a natural gas fire pit typically must be located at least 10 feet from a home or other combustible material.

Supervision and Burning

Even if there aren’t specific regulations put in place for how you should burn and how you should supervise a burn, following simple tips for outdoor fires will ensure that you are safe.

Once you light a fire, it’s imperative that you constantly monitor it until it’s entirely extinguished. Even if the flames have died down, the fire can reignite under certain conditions.

Never leave an active fire feature unattended — for any period of time and for any reason. Fire can spread quickly, so you need to keep an eye on it to extinguish sparks if, for instance, they jump out of the fire pit and into your lawn.

It’s also important to only burn dry, clean and natural materials in your outdoor fire pit or fireplace. This will reduce the chances of a dangerous situation, and also protect the integrity of the fire pit or fireplace itself.

In most locations, it’s prohibited to burn materials such as plastic, rubber, oils, garbage and other forms of waste.

Fire Pit Safety and Enclosure

When purchasing a fire pit, especially if it’s a portable one, make sure that you choose one that’s safe and has good reviews.

Fire pit enclosures can be made from a variety of materials, including stone and iron. They help to contain the fire inside the pit itself and prevent it from potentially spreading to other parts of the property.

Every time that you burn an outdoor fire, make sure to keep a fire extinguisher nearby — and know how to use it. Monitor the speed and direction of wind, which will help prevent sparks from spreading.

When done correctly and safely, burning a fire outside in a fire pit or fireplace can be a memorable experience, and one that extends the usage of your outdoor space. Follow some of these tips above to ensure your fire is done safely and according to local codes.

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