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

2D sits in the Article XI accessory-structure rules that govern every residence district: stationary outdoor fireplaces, fire pits, barbecues, or any other sources of exterior flame must be at least 10 feet distant from side and rear property lines and cannot exceed five feet in height. Because the section is not limited to one zoning district, the 10-foot setback and five-foot cap apply the same way to a masonry fire pit, a built-in gas fireplace, or a permanent outdoor barbecue island wherever it sits in a North Hempstead residence district.

1, which govern sheds, garages, and other structures, and it works together with the Town's separate operating-permit scheme for fire-related activity. Chapter 9A, adopted in 2023 and amended by Local Law No. 11-2025, requires an operating permit from the Department of Building, Safety Enforcement and Inspection for any activity covered by New York State Fire Code Section 307, "Open Burning, Recreational Fires and Portable Outdoor Fireplaces," but § 9A-2A(1)(b)[11] specifically carves recreational fires and portable outdoor fireplaces out of that permit requirement, leaving open burning as the only branch of Section 307 that needs Town sign-off. 2D does not need a separate Town operating permit to use it, while burning debris, leaves, or other open fires still does.