Montgomery's Fire Regulations: The Rules That Matter

Every city handles fire regulations a little differently. In Montgomery, Alabama, there are 3 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Fireworks

Montgomery bans possessing, storing, selling, or setting off fireworks anywhere in the city, with no exception for backyard use. The only legal way to set off fireworks is a permitted public or private display reviewed by the fire official under NFPA 1123 and the 2021 International Fire Code, run by an approved operator and paid for through the Fire/Rescue fee schedule.

Key details: General rule: Possessing or using fireworks is unlawful citywide. Lawful exception: City-reviewed public or private display only. Display standard: NFPA 1123 (2018) and 2021 International Fire Code. Display fee: Set by Montgomery Fire/Rescue fee schedule. Default penalty: $1.00-$500.00 fine or up to 6 months jail.

Possessing, storing, selling, or exploding fireworks outside an approved display violates § 13-8 and, absent a specific penalty in that section, falls under the citywide general penalty of § 1-6: a fine of $1.00 to $500.00, up to six months in jail or hard labor, or both, with each day a continuing violation persists charged separately.

This is not one of those rules that cities tend to ignore. Montgomery actively enforces its fireworks requirements.

Fire Pits & Backyard Fires

Montgomery lets residents keep a recreational or cooking fire without a burn permit as long as it burns only charcoal, coal, or firewood inside a steel, metal, or masonry container built to hold fire, like a barbeque grill, fire pit, or outdoor fireplace. Burn anything else, trash, leaves, painted wood, and the exemption disappears under § 13-9(d)(1).

Key details: Permit needed?: No, for a compliant recreational fire. Allowed fuel: Charcoal, coal, or firewood only. Required container: Steel, metal, or masonry fire receptacle. Examples given: Barbeque grill, fire pit, outdoor fireplace. Loses exemption if burning: Trash, leaves, paint, plastic, construction debris.

Burning anything other than charcoal, coal, or firewood in a fire pit, grill, or outdoor fireplace, or letting the fire spread outside that container, forfeits the recreational-fire exemption and becomes an unpermitted open fire under § 13-9(b). Penalties under § 13-9(c) start at a $100.00 fine or up to ten days in jail for a first offense, rising to $500.00 or six months for a third offense within a year.

The rules around fire pits & backyard fires in Montgomery lean permissive, but that does not mean anything goes.

Outdoor Burning

Montgomery bans kindling any open fire anywhere in the city without a burn permit from the fire department first, and violating a permit's own conditions is equally unlawful. First offense costs at least $100.00 or up to ten days in jail, climbing to $500.00 or six months for a third offense within a year, under § 13-9.

Key details: Permit required: Before starting any open fire in the city. Issuing authority: Fire chief or designee. First-offense fine: At least $100.00 or up to 10 days jail. Third-offense fine: $500.00 or up to 6 months jail. Exemptions: Contained recreational fires and valid burn permits.

Starting an open fire without a burn permit, or breaking the conditions attached to one, is unlawful under § 13-9(b). Fines run at least $100.00 or up to ten days in jail for a first offense, at least $200.00 or up to 30 days for a second within a year, and $500.00 or up to six months for a third within that year, under § 13-9(c).

This is not one of those rules that cities tend to ignore. Montgomery actively enforces its outdoor burning requirements.

The Bottom Line

Montgomery is tougher than many cities when it comes to fire regulations. Out of the 3 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Montgomery, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

All of the above reflects Montgomery's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.