Are Fire Pits Legal in New Jersey?

Understanding Fire Pit Laws in New Jersey

Fire pits have become increasingly popular in New Jersey, offering residents a cozy outdoor gathering space for socializing and relaxation. However, it’s essential to be aware of the laws and regulations governing their use to ensure safety and compliance with state and local regulations.

Prohibited Practices

The New Jersey Department of Environmental Protection (NJDEP) strictly prohibits open burning on the ground. This means that setting fires directly on the ground, whether for recreational or disposal purposes, is not allowed. Instead, the NJDEP mandates the use of elevated containers for all outdoor fires. Furthermore, fire pits located in wooded areas are also prohibited unless they are constructed in elevated containers made from non-combustible materials such as steel, stone, brick, or concrete. These elevated containers help mitigate the risk of fire spreading to surrounding vegetation and structures, thus protecting both property and the environment.

Restricted Materials

When enjoying a fire pit in New Jersey, it’s important to adhere to the state’s fire code regarding acceptable materials for burning. According to the fire code, it is illegal to burn leaves, grass, or trash in your fire pit. This restriction aims to prevent the release of harmful pollutants into the air and minimize the risk of uncontrolled fires.

Distance Requirements

To ensure safety, fire pits must be positioned at a safe distance from structures and property lines. Wood-burning fire pits or bowls must be placed at least 15 feet away from any structure, as mandated by the Uniform Construction Code (UCC). However, it’s essential to note that only containers approved by the UCC permit may be placed this close to structures. If the container is not approved, it must be positioned at least 25 feet away. Gas fire pits are not discussed within these regulations on distance, however we suggest you still maintain a safe distance from any combustible materials.

Regulation of Natural Gas Fire Bowls

In addition to wood-burning fire pits, natural gas-fueled fire bowls are also subject to regulation in New Jersey. Local zoning laws and the UCC govern the installation and use of these fire features. It’s important to consult with local authorities to ensure compliance with zoning regulations and obtain any necessary permits before installing a natural gas fire bowl.

Enforcement and Penalties

Violations of fire pit laws and regulations in New Jersey can result in significant fines of up to $5000. These penalties underscore the seriousness of fire safety and the importance of adhering to established guidelines to protect lives, property, and the environment.

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 fire pits can enhance outdoor living spaces and provide warmth and ambiance, it’s crucial to understand and abide by the laws and regulations governing their use in New Jersey. By following these guidelines, residents can enjoy their fire pits safely and responsibly, minimizing the risk of accidents and ensuring compliance with state and local regulations.