Are Fire Pits Legal in New York?

Unlocking the Flames: Navigating New York State’s Fire Pit Regulations

Whether you’re a seasoned homeowner seeking to elevate your backyard haven or a newcomer eager to embrace the allure of a fire-lit gathering, understanding the legal terrain in New York is paramount. In this comprehensive guide, we’ll unravel the intricacies of New York’s fire pit regulations, shedding light on the dos and don’ts that not only ensure safety and compliance but also grant you the freedom to relish the warmth of your fire pit without breaking any laws.

New York State Fire Code (2015):

New York’s fire pit regulations, rooted in the State Fire Code of 2015, lays a foundation for responsible fire pit ownership. Generally, open burning is prohibited, with some exceptions like campsites. Wood burning fire pits fall into the category of “open burning,” as the flame can’t be promptly or precisely extinguished. However, gas fire pits do not fall under the same classification as they can be controlled by a switch, key, or button. In New York City, wood burning fires are only permissible in the backyard of a detached or semi-detached house. Similarly, Buffalo requires a permit for open burning. Statewide, open burning that produces offensive smoke or odors is strictly prohibited. Moreover, atmospheric changes or local circumstances, such as wildfires or poor air quality, can prompt additional restrictions.

Location and Safety Measures:

Irrespective of the type – gas or wood-burning – every fire pit should be contained in an approved container, positioned no closer than 15 feet from any structure or combustible material. This safety buffer not only minimizes the risk of accidental fires, but also ensures that the enjoyment of your fire pit is harmonious with the surrounding environment. Equally important is the constant attendance of the fire until it is fully extinguished. This practice is not just a legal requirement; it’s a vital step to prevent accidents and uphold the safety of your property and those around you.

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 embark on the journey of incorporating a fire pit into your outdoor space in New York, this guide serves as your compass, navigating the legal landscape and ensuring that the warmth and camaraderie of your fire-lit gatherings remain a source of joy without causing any legal sparks. Always stay informed and up-to-date with local regulations, as they may evolve over time, ensuring that your fire pit experiences in New York are not just memorable but also compliant with the law.

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