New York, NY Fire Regulations: Fire Pits & Backyard Fires (2026)
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.
Key Facts
- Eligible homes
- Detached 1-2 family (Group R-3) only
- Eligible zoning
- R1, R2 or R3 districts only
- Attendance
- Fire must be constantly attended while lit
- Clearance
- 10 ft from combustible material or surfaces
- Openings
- Close doors/windows within 25 ft of pit
- FDNY authority
- Can ban pits in high wind, red flag
- Fine
- $900 first offense, up to $5,000 repeat
Summary
New York City lets homeowners keep a wood-burning fire pit only in a backyard at a detached one- or two-family house sited in a low-density R1, R2 or R3 zoning district. Fire Code § FC 307.7 requires the fire be constantly watched, kept 10 feet from anything combustible, and lets FDNY ban pits citywide during high winds or red-flag fire-weather days.
Residential fire pits may be stored and used to maintain an open fire in compliance with the requirements of this section and the rules on the premises of a detached Group R-3 occupancy in any R1, R2, or R3 residential zoning district. Residential fire pits must be operated in accordance with manufacturer instructions for such residential fire pit, and shall be constantly attended while a fire is lit. Residential fire pits shall not be stored or used within 10 feet (3048 mm) of any combustible waste, combustible material, or any combustible building surface. To the extent feasible, windows, doors and other building openings within 25 feet (7620 mm) of a residential fire pit in use shall be kept closed. An entrance door shall be closed immediately after entering or exiting the building while a residential fire pit is in use.
Full Breakdown
7 authorizes residential fire pits only "on the premises of a detached Group R-3 occupancy in any R1, R2, or R3 residential zoning district," so the exemption covers detached one- and two-family homes on low-density lots, not attached rowhouses, apartment buildings or commercial premises. 1 requires the pit to be operated "in accordance with manufacturer instructions" and to be "constantly attended while a fire is lit," meaning someone must watch it the entire time it burns, not just check on it periodically. 2 sets the clearance: a fire pit cannot be stored or used within 10 feet of any combustible waste, combustible material or combustible building surface, and to the extent feasible, windows, doors and other building openings within 25 feet of a lit pit must stay closed, with any entrance door shut immediately after someone enters or exits while the fire is burning, to limit smoke intrusion into the house.
4 lets FDNY prohibit fire pit use in any location it determines poses an undue fire hazard because of surrounding conditions, expressly including wind conditions or red-flag weather days. 7," which is what makes a compliant backyard fire pit legal rather than a banned open burn.
Violations & Fines
FDNY enforces fire pit violations as Open Fires, Open Flames and Sparks matters (Violation Category 28) under its OATH summons penalty schedule, which lists a $900 first-violation penalty, reduced to $450 if the condition is corrected before the hearing, and escalates to $2,250 for a second violation within 18 months under Administrative Code § 15-229(a), with a $5,000 maximum for a defaulted repeat offense.
Frequently Asked Questions
Can I have a fire pit in my NYC backyard?
How far does a NYC fire pit have to be from my house?
Can FDNY shut down fire pit use on a windy day?
Is an unattended backyard fire pit illegal in NYC?
Sources & Official References
Other rules in New York
How New York compares: Cities with the Strictest Fire Pit Rules·New York rules heatmap·Compare New York to another location·View the New York fire regulations overview
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