Are Fire Pits Legal in New Mexico?

Navigating Fire Pit Laws in New Mexico: What You Need to Know

Fire pits are a beloved addition to many outdoor spaces, offering warmth, ambiance, and a focal point for gatherings. However, when it comes to enjoying them responsibly, understanding the laws and regulations surrounding fire pits is crucial, especially in regions prone to hot and dry climates like New Mexico. Despite the scarcity of explicit statewide regulations, certain guidelines and local ordinances are in place to ensure fire safety remains a priority in a state known for its arid climate and susceptibility to wildfires.

Local Regulations in Albuquerque:

While statewide regulations may be sparse, the City of Albuquerque offers insight into local laws governing fire pit usage. One key requirement is obtaining an operational permit for maintaining a recreational fire, such as a fire pit. These permits can typically be obtained by reaching out to your local Fire Marshal Office. However, it’s essential to verify whether your specific fire pit installation requires a permit, as permanently installed fire pits may not always be subject to these regulations.

Time Restrictions and Fire Department Authority:

Unlike some jurisdictions, New Mexico does not typically impose time restrictions on the usage of fire pits. However, it’s crucial to recognize that local fire departments retain the authority to request the extinguishment of a fire at any time, particularly if conditions become hazardous or pose a threat to public safety. Being mindful of weather conditions, wind patterns, and any potential fire hazards in the vicinity is essential for responsible fire pit usage.

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 navigating fire pit laws in New Mexico may seem complex due to the scarcity of statewide regulations, understanding local ordinances and safety guidelines is crucial for responsible usage. Whether obtaining permits, adhering to fire department authority, or ensuring proper certifications for safety, it’s essential to prioritize fire safety, especially in regions prone to arid climates and wildfire risks like New Mexico. By staying informed and exercising caution, individuals can continue to enjoy the warmth and atmosphere that fire pits offer while minimizing the risk of fire-related incidents.