Are Fire Pits Legal in Wisconsin?

Navigating Wisconsin’s Rules and Regulations on Fire Pits:

In the vast expanse of Wisconsin’s scenic landscapes, the allure of outdoor leisure finds its embodiment in the crackle of flames within fire pits. As Wisconsinites embrace the changing seasons, from the frosty winters to the balmy summers, the gathering around fire pits becomes a cherished tradition. In the state of Wisconsin, fire pits, whether wood burning or gas, are categorized as small recreational fires intended for warming or cooking. As such, they do not require permits from the DNR, except during emergency burning restrictions. However, that does not mean they come without hazards, so let us guide through the state’s rules and regulations. 

In the city of Madison, you’ll be pleased to know that fire pits don’t require a licence. However, it’s still important to follow some safety precautions, fire pits must be kept a minimum of 15 feet from any buildings or lot lines. In addition, they should be on a stable, level surface to avoid tipping and they shouldn’t be on a combustible surface such as a wood patio or deck to avoid accidental spreading of fire. In case anything should go wrong, a method of extinguishment such as a garden hose or fire extinguisher must be readily available, however the best way to avoid this is constant supervision by an adult. The use of your fire pit can be restricted when the air quality is defined as less than “moderate” by the Wisconsin Department of Natural Resources. However, we also recommend checking with your local council/municipality in case there are any local restrictions. If you have bought a fire pit instead of building one, it should be used in accordance with the safety, assembly and operating instructions of the manufacturer.

As in Madison, Milwaukee also states that fire pits must be 15 feet from any building or combustible materials. Moreover, they also specify that fire pits should be constructed out of non-flammable materials such as metal, concrete or brick. It should also be noted that any fires are prohibited when winds exceed 10 mph whether you have a wood burning or gas fire pit. In addition, the Milwaukee government website states that the use of fire pits are limited from 7am to midnight, so be mindful of your neighbours and the time! As with all fire pits, they should be supervised by an adult at all times with a method of extinguishment readily available.

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 we conclude our exploration of fire pit regulations in Wisconsin, it’s crucial to emphasize the importance of understanding and adhering to local laws and safety guidelines. While the state generally doesn’t require permits for fire pits, cities like Madison and Milwaukee have specific rules regarding placement and materials. Additionally, ensuring that your fire pit meets certification standards is essential for both personal safety and liability reasons. Whether for personal use or commercial ventures, prioritizing compliance with regulations and safety standards ensures enjoyable and responsible outdoor experiences. As we bid farewell to the glow of the flames, let’s carry forward this knowledge, keeping safety at the forefront of our outdoor traditions in Wisconsin’s breathtaking landscapes.