Fire pit rules in New York, NY — also called outdoor burning, recreational fire, or open flame ordinances — cover fuel types, clearances, and when burning is allowed.
New York City does not allow open backyard fires generally, but FDNY Fire Code Section FC 307.7 carves out a narrow exception for manufactured residential fire pits. They may be used only at a detached one-family-style (Group R-3) home in an R1, R2 or R3 zoning district, must stay at least 10 feet from anything combustible, and must be constantly attended. Apartment buildings, balconies and rooftops are not permitted locations.
Under New York City Fire Code Section FC 307.1, kindling or maintaining an open fire is prohibited except for the specific situations listed in the code, one of which is the residential fire pit exception in FC 307.7. That exception permits a fire pit only 'on the premises of a detached Group R-3 occupancy in any R1, R2 or R3 residential zoning district' - i.e., a detached one- or two-family house, not a multiple dwelling, balcony or roof. FC 307.7.2 requires that the fire pit 'shall not be stored or used within 10 feet of any combustible waste, combustible material, or any combustible building surface,' and that to the extent feasible windows, doors and other building openings within 25 feet of a fire pit in use be kept closed. The pit must be operated per the manufacturer's instructions and be constantly attended while lit. The FDNY may prohibit use of residential fire pits in any location, or during high-wind or red-flag conditions, when it determines the activity creates an undue fire hazard.
Operating a fire pit outside the FC 307.7 conditions is unlawful open burning under FC 307.1; the FDNY may order the fire extinguished and issue a Fire Code violation (Criminal Court summons or civil penalty), and the air-pollution prohibition in NYC Administrative Code Section 24-149 may also apply.
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