Are Fire Pits Legal in D.C.?

Navigating Fire Pit Regulations in Washington, D.C.

As the chill of winter gives way to the gentle embrace of spring evenings, many residents in the nation’s capital may find themselves drawn to the allure of outdoor fire pits. But before you gather ’round the flames, it’s essential to understand the regulations governing these cozy additions to your outdoor space. In the District of Columbia, the line between legal recreational fires and open burning is finely drawn, as outlined by the guidelines set forth by the D.C. Fire and Emergency Medical Services Department. However, adherence to safety protocols and regulations is paramount, ensuring not only enjoyment but also the prevention of accidents and hazards. Join us as we delve into the nuances of fire pit legality in the heart of the nation’s capital, empowering residents to embrace warmth responsibly and safely.

According to the D.C. Fire and EMS Fire Prevention Division, open burning is defined as the burning of materials when the products of combustion are emitted directly into the ambient air. However, this definition doesn’t include recreational fires and therefore portable fire pits are allowed in the District of Columbia. Their page seems to define portable fire pits as outdoor wood burning or gas fire pits within a suitable container, which is usually one constructed out of steel, concrete or clay. It is important to note that portable fire pits cannot be within 15 feet of structures and must be used on a noncombustible surface. Moreover, it is mandatory that all manufacturer instructions are followed for their safe use and operation.

Tony Falwell, the Fire Marshal for the District of Columbia also provides some guidance on the subject: 

• Don’t place your wood burning fire pit on a wood deck as the wind could blow embers onto it or someone could knock it over. 
• Avoid putting your fire pit in places of busy foot traffic or around children and pets.
• Avoid placing fire pits too close to any vegetation or under overhanging trees or bushes. 
• Don’t place a fire pit under a structure or within a covered porch/gazebo, shed or garage.

Just outside of Washington, the Fairfax County website states that portable fire pits are exempt from the Fire Prevention Code definition of open burning. Consequently, fire pits in Fairfax don’t require a permit to have or operate. However, they must still be conducted in accordance with the Fire Prevention Code and other applicable laws such as those discussed above. If you are looking for more specific information on states surrounding D.C. such as Virginia or Maryland, please see the legal section of our blog page! 

Certifications and Safety

Another important thing to consider is whether the fire pit is certified or not. In the US, the American National Standards Institute, or ANSI, is the certification standard for all consumer products from clothing to outdoor fire pits. Organisations such as this develop safety standards that assure the customer the product is safe to use, hence they are particularly important for appliances such as gas fire pits. The Canadian equivalent of ANSI is the Canadian Standards Association, or CSA. These certifications are often both used for the regulation of outdoor gas fire pits in North America, whichever you choose, you can be assured that the product is held to a high standard. Additionally, which certification is required can depend on the state or even the county you live in. Therefore, you should always confirm with your local jurisdiction the certifications they require for gas fire pits. 

Moreover, if you run a commercial business, such as a hotel, bar or restaurant, or you rent out a private property, ensuring your fire pit is certified could be extremely important. In the event of an insurance claim resulting from the fire pit, insurance companies often won’t pay out if it is not certified. Also with gas fire pits, it is important to consider whether only the burner has been certified, or if the appliance has been certified in its entirety. If the fire pit isn’t certified as a whole, this could also cause issues with insurance claims.

In conclusion, the guidelines set forth by the D.C. Fire and Emergency Medical Services Department are important to safely use your fire pit. From the District’s definition of open burning to practical tips provided by Fire Marshal Tony Falwell, hopefully this short blog has helped you to navigate fire pit regulations. Ensuring both your enjoyment and prevention of potential hazards is paramount, so you should also consider certifications and safety standards. Look for certifications from organizations like ANSI and CSA that offer reassurance of product safety. Whether for personal use or commercial ventures, ensuring compliance with regulations and certifications will give you peace of mind!