Are Fire Pits Legal in Kansas?

Navigating the Rules and Regulations Surrounding Fire Pits in Kansas:

In Kansas, the allure of a crackling fire pit under the starry sky is not just a dream—it’s a reality. These outdoor features offer warmth and ambiance, perfect for gathering friends and family on cool evenings. However, before you light that first flame, it’s essential to understand the laws and regulations governing fire pits in the Sunflower State. While they’re generally permitted, there are specific guidelines you must follow to ensure safety and compliance. Let’s delve into what you need to know to enjoy your fire pit responsibly in Kansas.

In the state of Kansas, fire pits are perfectly legal and they are a great way to add some heat to your outdoor living space. However, you still have to follow certain rules and regulations for your safety and that of those around you! For instance, whether your fire pit is portable or permanently fixed, it must be at least 10 feet from any structure or neighbouring yard. Also, you should clear all flammable materials within a five feet radius of your fire pit to avoid the fire catching and spreading. Additionally, you should avoid placing your fire pit under a covered porch or low hanging tree branches. Similarly, you must place your fire pit on non-flammable materials such as patio blocks or concrete, rather than a wood deck or grass. The Kansas Fire Marshal also states that a fire pit should be a minimum of 6 inches deep and 2 feet across to keep the fire adequately contained. However, in windy conditions you are not permitted to use your fire pit as it increases the risk of accidental fires. 

In Wichita, the government website specifically states that fire pits must be constructed out of non-combustible materials such as brick, stone, concrete or metal. Moreover, their regulations vary slightly in that a fire pit must not be closer than 15 feet from any structure, combustible material, property line etc. Fire pits cannot be larger than 36 inches in diameter and its flames cannot be higher than 2 feet. It should also be noted that a means of fire extinguishment should be kept on hand at all times. A garden hose will do perfectly as long as the fire pit is attended at all times by a responsible adult. However, there are restrictions that can prohibit the use of your fire pit in Wichita:

• If there is a ban or moratorium on burning issued by federal, state, or local agencies. Such as poor air quality/environmental conditions.
• When the wind speed is in excess of 15 mph. (Check local weather stations or phone apps for up to the minute wind speeds.)
• If your residential associations have community policies that prohibit open burning within 500 feet of any shake shingle roof.
• Neighbors that may have health conditions or wish to have windows open in their home. Complaints about smoke addressed by the fire department may require suppression of the fire. 

In Overland Park, fire pits don’t require a permit as they are recreational (this is the case in most cities however you should always double check). However, they are limited to being 3 feet in diameter and 2 feet in height. As in Wichita, they must be a minimum of 15 feet from any buildings. In multi-family dwellings wood burning fire pits are prohibited, however the rules for gas burning fire pits are not clear. So if you would like a fiery focal point on your apartment balcony, please check if gas burning fire pits are permitted by your local council. Again, you should not light your fire pit when wind speeds exceed 15 mph or during a burn ban and you should always keep an adequate method of fire extinguishment immediately accessible.

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.

As you embrace the warmth of a fire pit in Kansas, remember that safety is paramount. Whether you’re in Wichita, Overland Park, or elsewhere in the state, adhering to local regulations ensures not only your well-being but also that of your neighbors and community. From maintaining proper distances to having extinguishment methods at the ready, responsible fire pit ownership is key. And when it comes to gas fire pits, certifications add an extra layer of assurance. By staying informed and following guidelines, you can enjoy the cozy charm of your fire pit while fostering a safe and enjoyable outdoor experience for all.