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Albany, NY Fire Regulations: Fire Pits & Backyard Fires (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Fire pit rules in Albany, NY, also called outdoor burning, recreational fire, or open flame ordinances, cover fuel types, clearances, and when burning is allowed.

Key Facts

Enclosure required
wire, steel, concrete or brick
Min. distance to any structure
10 feet
Min. distance to wood structure
25 feet
Attendance
competent adult, continuously
Fine range
$50-$500 per day

Summary

Albany City Code § 197-5 requires any yard fire to sit inside a fireproof enclosure, stay at least 10 feet from any structure and 25 feet from a wood one, and be watched by an adult the entire time it burns.

No person shall kindle, make or keep a fire in any yard or building in the City unless in a wire, steel, concrete, brick or other fireproof enclosure or receptacle. A fire so kindled, built or maintained, as aforesaid, on the outside of any building shall be continuously under the care and direction of a competent adult from the time it is kindled until it is extinguished. Any fire kindled or built outside of any building shall be at least 25 feet from any wood structure, and in no event shall such fire be built within 10 feet of any type of structure.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4873446; v61 updated 2026-03-18; through 03-18-2026).

Full Breakdown

City Code § 197-5 governs every open fire kindled in an Albany yard: it must burn inside a wire, steel, concrete, brick or other fireproof enclosure, sit at least 25 feet from any wood structure and never closer than 10 feet to any structure at all, and stay under the continuous watch of a competent adult from kindling to extinguishing. The Chief of the Fire Department can ban any fireplace or burning receptacle, indoors or out, that he judges hazardous. Burning garbage or anything that produces noxious odors is never allowed, and violations bring a fine of $50 to $500 under § 197-12, with each day counted as a separate offense.

Violations & Fines

Violating § 197-5 is punishable under § 197-12: a fine of $50 to $500, with each day the violation continues counted as a separate offense.

Frequently Asked Questions

Can I have a fire pit in my Albany backyard?
Yes, if it's in a fireproof enclosure at least 10 feet from any structure and watched by an adult the whole time it burns, per § 197-5.
How far must a yard fire be from my house?
At least 10 feet from any structure, and 25 feet if the structure is made of wood, under City Code § 197-5.
What's the penalty for an illegal yard fire in Albany?
A fine of $50 to $500 under § 197-12, with each day the violation continues counted as a separate offense.

Sources & Official References

Other rules in Albany

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How Albany compares: Cities with the Strictest Fire Pit Rules·New York rules heatmap·Compare Albany to another location·View the New York fire regulations overview

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