Gathering around a cozy fire pit in winter is one of life’s simple pleasures. But before you build a fire pit to keep your family warm, have you asked yourself whether you need a fire pit permit? You might find yourself in hot water if you build or light a fire pit without obtaining permission.
You may need a permit for a fire pit if the regulations in your area require one. It’s worth checking with the local authorities to determine the rules before building one. You may also need to follow specific regulations, including the distance it should be from your house or other buildings.
In this article, I’ll discuss why you may need a fire pit permit before building a fire pit. The article will also cover the different types of fire for which a permit is required. Keep reading to discover how to stay on the right side of the law regarding fire pits in your backyard.
What Is a Fire Pit Permit?
A fire pit permit is a document that grants you permission to build a fire pit in your backyard. Depending on where you live, you may need to apply for a permit from your city or county government office.
There are several reasons you might need a permit for a fire pit. The main reasons are:
- Permits help to ensure that fire pits are built according to code. This helps prevent fires and other accidents.
- Ensuring that fire pits are built in a safe location. For example, some municipalities require that fire pits be a certain distance from buildings or other structures. In most cases, authorities stipulate that fire pits should be 20 to 30 feet (6 to 9 meters) from structures.
- Regulating the use of fire pits. Some municipalities like Connecticut only allow burning clean, non-processed wood in fire pits.
Types of Fire Permits
According to the New Hampshire government, fire permits come in the following categories:
- Category I permits. These are for small and controlled fires, such as those used in cooking. The fire must be enclosed in non-combustible material with a diameter not exceeding 2 feet (0.6 meter).
- Category II permits. These apply to any controlled fire, like a campfire. The fire must be covered in non-combustible material with a diameter not exceeding 4 feet (1.2 meters).
- Category III permits. These include any controlled fire with a diameter exceeding 4 feet. The permit is also for any fire not enclosed in non-combustible material.
- Category IV permits. These are for any controlled fire exceeding the sizes mentioned in category III.
The table below summarizes the different types of fire permits:
| Permit Type | Burn Between
(9:00 am & 5:00 pm)? |
Burn Between
(5:00 pm & 9:00 am)? |
Required Distance from Structures |
| Category I | YES | YES | 25 feet (7.6 meters) |
| Category II | ONLY when raining | YES | 50 feet (15.2 meters) |
| Category III | ONLY when raining | YES | 50 feet |
| Category IV | YES | YES | 50 feet |
Are You Allowed To Have a Fire Pit in Your Backyard?
You are allowed to have a fire pit in your backyard if your local authorities allow it. Some cities have stricter regulations regarding backyard fire pits than others. The concern is minimizing fire outbreaks that destroy properties and lives.
According to NBC News, at least 5,300 fire pit-related injuries were treated in emergency rooms in the United States in 2017. These injuries almost tripled the 1,900 cases reported in 2008.
The National Fire Protection Association links the rising number of fire pit injuries to negligence and inappropriate handling of fire pits. For instance, breaks and leaks in gas lines are among the leading causes of fire pit explosions.
Due to the rising cases of fire pit accidents, authorities have come up with rules and regulations regarding the use of fire pits. These rules and regulations determine places where fire pits can be used. However, there’s no hard and fast rule on whether or not you’re allowed a fire pit in your backyard because local authorities have different regulations.
Local authorities typically consider the following when making fire pit regulations:
- Open burning rules and regulations in the area.
- The types of fire that require a permit in the locality.
- The set safe distance a fire pit should be from buildings, structures, and other combustible materials. For example, you may not be allowed to build a fire pit if you live in a congested city and the safe distance for fire pits from houses is 30 feet (9 meters).
- Recreational fire considerations in terms of size, location, and fuel source.
The only way to be sure is to check with the relevant authorities in your area. You can do this by visiting your local authority’s website or checking with them in person.
Types of Fires That Require a Fire Pit Permit
Not all types of fires need a permit. The type of fuel you intend to burn and the setup will help determine whether or not you need a fire pit permit. The following fire types require a fire pit permit:
Open Fires
Open fires aren’t slow-burning, pit, or public park site fires.
Connecticut’s Department of Energy and Environmental Protection defines “open burning as the burning of any material in a way that the combustion products are emitted directly into the atmosphere without passing through a stack, flue, or chimney.” Open burning requires a fire permit because:
- It pollutes the environment.
- It makes it challenging for people with respiratory ailments like asthma to breathe.
- It can be a nuisance due to smoke and odors which can affect neighbors.
- It’s easy to lose control of an open fire, and this can lead to forest fires and fire accidents that destroy properties and lives.
Examples of open fires include:
- Fires in a backyard fire pit that are not used for rubbish burning.
- Fires on beaches.
Apart from requiring a permit, some states prohibit open burning if:
- It’s intended to clear land before cultivation and construction.
- It’s used to dispose of household and construction waste material.
- There is a high likelihood of the fire being a health hazard.
- The air quality index is above 100.
- The likelihood of causing forest fire (Forest Fire Index) is high, very high, or extreme.
Like Connecticut, open fires are banned in Houston unless approved by fire marshals.
Bonfires
The main difference between an open fire and a bonfire is the size. Bonfires are usually larger than open fires due to the large amount of combustible material used.
They may also produce more smoke depending on the condition of the wood used. For these reasons, they require a permit.
Burn Barrels
These are fires created to burn paper, brush, or cardboard. Typically, the fire is confined in a non-combustible container such as a barrel.
Burn barrels are only allowed with a permit in some rural areas and never in urban or suburban neighborhoods. This is because they emit too much smoke and can be a nuisance to people.
Fires That Don’t Require a Permit
Some fire types don’t require a permit, and these are typically the following:
Recreational/Backyard Fires
A backyard or recreational fire is an outdoor fire that burns materials other than rubbish, confined within a non-combustible container with a smoke vent or draft. A recreational fire must also be ventilated to prevent the escape of combustible material like ash into the air. Thus, a recreational fire is a small, contained fire used for warmth, cooking, or enjoyment.
These fires don’t require a permit if:
- The diameter and height of the fire pit are three feet (91 centimeters) or less.
- The pit uses standard fire pit fuel like dry wood, charcoal, kindling, or tinder. Building material and garbage aren’t allowed in backyard fires.
- The location is at least 20 feet (6 meters) from any combustible materials like buildings and trees.
- They are burned in the open like campfires and fire pits.
- They are not for work-related purposes.
Smudge Fires
Smudge (or slow-burning) fires are common among farmers who burn crop residue to control weeds. The remaining ashes act as a natural fertilizer.
Smudge fires don’t require a permit if:
- The total area of land under cultivation is more than 2 acres (0.8 hectares).
- There are no air quality violations in the county.
- There’s no fire ban advisory.
Factors To Consider Before Building a Fire Pit
Apart from the permit, there are other factors you need to consider before building a fire pit. These include:
- Air quality. Fire relies on air to burn. If there isn’t enough oxygen, the fire will go out. The quality of air also affects how well the fire burns. Poor air quality means more pollution and less heat.
- Wind speed. The wind can blow embers a long way which eventually may start a forest fire. It can also make it difficult to control the flames.
- Fuel. The fuel you use will determine how well the fire burns and how much smoke it emits. The best fuel for a patio fire pit is dry wood, charcoal, kindling, or tinder.
- Location. It’s essential to choose a location away from combustible materials like buildings and trees. The location should also be big enough to contain the fire pit.
- Size. The size of the fire pit will determine how much heat it produces. A small fire pit will produce less heat than a large one.
- Material. You can use stainless steel, stone, or marble slabs for your fire pit. Although all these materials are safe, their costs vary. Most people select a material based on their budget or personal preference.
- The purpose. You need to determine the purpose of the fire pit. If you want to use it for cooking, you’ll need a different type of fire pit than if you just want to use it for warmth.
What Is the Safest Type of Fire Pit?
The safest type of fire pit is a dry burning wood model, enclosed in a non-combustible container. Dry wood is a safer burning fuel because it doesn’t produce as much smoke.
The non-combustible container will also prevent the fire from spreading. It is, therefore, an excellent option to safeguard you, your family, and property.
The following are features that make a fire pit safe:
A Suitably-Sized Fire Pit
A safe fire pit should be the right size for its users. Before buying or making a patio fire pit, consider who will be using it in terms of age and number. The more people using a fire pit, the larger it should be to accommodate everyone. Having to squeeze around a fire pit increases the risk of someone falling in.
An extra-large fire pit can increase the risk of an uncontrollable fire.
A high fire pit can be unsafe for children as they will be forced to lean in. It can also be challenging to prop your feet comfortably around a high fire pit. A safe fire pit normally measures between 12 to 14 inches (30.5 to 35.6 meters).
A Fire Pit That’s Easy To Control
You should always be able to control your fire pit safely, and the fire should be confined to the fire pit only.
The fire pit should have a wide base and low walls. The base prevents the flames from spreading, while the low wall keeps the heat contained. It should also have a well-fitting lid to prevent the embers from flying out and starting a fire.
A screen is also essential to keep sparks and embers contained. The screen should be made of non-flammable material like wire mesh. It should fit snugly on the fire pit so that no embers can escape.
A Fire Pit That’s Easy to Use
An easy-to-use fire pit should be simple to set up and it should be straightforward controlling the flames. A fire pit with adjustable flames is even better as you can set it to your desired heat. A fire pit with a wide opening is excellent as you can easily add wood or coal, and put the fire out when you’re finished.
Final Thoughts
A fire pit permit is used by authorities to ensure that fire pit rules and regulations are observed. However, not all authorities require a fire pit permit before you use or build one in your backyard. Therefore, it’s a good idea to check if your local authority requires one. You can do this by calling them, checking their website, or visiting their offices physically.
Finally, always exercise caution when using fire pits. Ensure the fire is fully extinguished before leaving it unattended. You should also keep children and pets away from the fire pit to prevent them from getting injured.
Sources
- The Connecticut Government: Campfires, Bonfires, Fire Pits, Chimineas, and Other Similar Devices
- The New Hampshire Government: Fire Law Brochure
- NBC News: Injuries from Backyard Fire Pits on the Rise, Experts Warn
- National Fire Protection Association: Home Grill Fires
- The Connecticut Government: Open Burning
- LouisvilleKy Government: Recreational Fires-Frequently Asked Questions
- Strathcona County: Do I Need a Fire Permit?
- Outland Living: Can I Have a Fire Pit in My Backyard? Laws Restrictions By State
- Strathcona County: Fire Ban and Advisory
- Merrimack Fire Rescue: Fire Permit Category Breakdown
- Meteomatics: Forest Fire Risk Indices
