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

Chapter 54 of the Municipal Code, the Fire Prevention Code, makes the New York State Uniform Fire Prevention and Building Code part of the City's law and puts the Fire Safety Division in charge of enforcing it (Section 54-3). Under Section 54-7, an operating permit is required before conducting any activity the state code lists as needing one, and Section 54-9(B)(28) sets the annual fee for an 'open burning, flames, torches, candles or heaters' permit at $105. The premises must be inspected before the permit issues (Section 54-7(B)), the permit is not transferable, and it must be kept on-site and available for inspection by any fire or police officer or by the Department of Neighborhood and Business Development at all times (Section 54-7(D)).

A single operating permit can cover more than one hazardous activity at the same location (Section 54-7(E)). The Fire Marshal or a designee can suspend or revoke the permit if an inspection turns up a Fire Prevention Code violation, or if the application contained a false statement or misrepresentation of a material fact (Section 54-8). Because the permit requirement flows from the state Uniform Code as adopted locally, the specific size, distance and hour limits that apply to a residential fire pit or chiminea are set by that state code rather than spelled out separately in the Municipal Code text; property owners planning a recreational fire should confirm those state limits with the Fire Marshal's office before applying.

The Fire Safety Division inspects permitted premises at intervals set under Section 54-5, generally at least once every 12 months for locations that hold an operating permit.