Albany, NY Fire Regulations: Fire Pit Rules (2026)

Recreational fire pits are legal in Albany so long as they comply with City Code Chapter 197 (Fire Prevention). The code requires that no person kindle, make or keep a fire in any yard or building in the City unless the fire is contained inside a wire, steel, concrete, brick or other fireproof enclosure or receptacle. Commercially manufactured portable fire pits generally satisfy this standard; homemade pits must be constructed or completely lined with non-combustible material such as brick, rock, concrete or heavy-gauge metal.

Any fire kindled outside of a building must be at least 10 feet from any type of structure, and the Albany Fire Department recommends 25 feet from any wood structure where the lot allows. The fire must remain continuously under the care and direction of a competent adult from the moment it is kindled until it is fully extinguished. Burning of garbage, treated lumber, leaves, or any material that produces noxious odors is prohibited; this aligns with NY State open-burning rules under 6 NYCRR Part 215, which restrict open burning of refuse statewide.

The Albany Fire Department's public safety guidance — issued from 26 Broad Street, (518) 447-7879 — adds practical requirements: build the pit on a level non-combustible surface, keep children and pets at least 3 feet back, avoid use on windy days, never use gasoline or kerosene as a starter, and have a fire extinguisher, garden hose, or bucket of sand on hand. The Fire Chief or any authorized Fire Department officer may, at his or her discretion, prohibit or cause to be extinguished any fire deemed hazardous, including fires that are otherwise code-compliant if conditions warrant.