Are Fire Pits Legal in Massachusetts?

Navigating the Rules and Regulations Surrounding Fire Pits in Massachusetts:

Fire pits can be a delightful addition to any outdoor space, providing warmth and ambiance for gatherings with friends and family. However, it’s essential to be aware of the regulations and safety measures surrounding their use. Whether you’re considering a wood-burning fire pit or opting for the convenience of a gas-fueled one, understanding the guidelines and certifications is crucial to ensure both enjoyment and compliance with the law.

According to The Department of Environmental Protection, fire pits that aren’t used for cooking are subject to open burning laws for public health and safety reasons. This site covers wood burning fire pits, which are only allowed from mid winter to early spring and require a permit from your local fire department. However, it is unclear whether this also applies to gas fire pits so please check with your local county. All fire pits should be constructed out of a non-flammable enclosure, of a reasonable size and distance from combustible materials.

In addition, adults should always be present and attending to the fire at all times, keeping pets and children away from the flames. Some cities and towns may regulate or prohibit the use of your fire pit as the area is too densely populated increasing the risk of fires spreading. Also, changing weather conditions can also cause safety concerns. For instance, high winds can make fire pits a risk to operate, generally wind speeds of less than 10mph are considered safe. Lastly, this goes without saying but it is completely illegal to burn trash, refuse or similar materials in your fire pit due to the pollution and nuisance this can cause to your neighbours. So please be mindful and respectful of your surroundings. 

Massachusetts’ largest city, Boston, follows the same general guidelines but also has its own set of rules as it has some of the most restrictive open burning laws in MA. For instance, fire pits that use solid fuel such as wood or charcoal are illegal in Boston due to the pollution they produce that impact local air quality. Therefore, if you live in Boston and still want a cosy outdoor living area, gas fire pits are for you (e.g., natural gas or propane). Natural gas and propane fire pits are perfectly legal, however they come with certain restrictions of their own. For instance, natural gas fire pits are only legal when in a fixed position and must be installed by a licensed professional and subsequently inspected by the City of Boston. Propane fire pits don’t have to be fixed (connected to a fixed gas line) but they must also be installed by a licensed professional and may need to be inspected by the city.

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, while the allure of a crackling fire pit is undeniable, it’s imperative to prioritize safety and adherence to regulations. Whether you’re in a densely populated urban area like Boston or a more rural setting, being mindful of local ordinances, obtaining necessary permits, and opting for certified products can enhance both the safety and legality of your outdoor fire pit experience. By taking these precautions, you can enjoy cozy evenings around the fire while respecting your surroundings and ensuring the well-being of yourself and others.