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

The Town of Tonawanda does not license or register backyard fire pits as such; instead, Chapter 85, Fire Hazards; Open Burning, treats every open, unconfined fire the same way unless it fits a listed exception. Section 85-4 defines an 'open, unconfined fire' as any fire not contained or controlled within an approved fuel- or refuse-burning plant, equipment or device, with 'approved' tied to acceptance by the Code Enforcement Officer or a nationally recognized testing lab. Section 85-5 then narrows the ban's reach: the chapter simply does not apply to a fire contained in a device or equipment that is intended to be, and is actually being, used solely for the preparation of food.

That wording covers a charcoal grill, a gas fire pit used to cook, or a similar contained cooking appliance, but it does not cover a wood-burning fire pit, chiminea or bonfire used purely for warmth or ambiance. A resident who wants a noncooking recreational fire must instead apply to the Town Board under § 85-7 for a special burning permit, which the Board grants only when the fire will not create a fire hazard or inconvenience adjacent property owners. Operating an unpermitted noncooking fire, like violating any other part of Chapter 85, exposes the responsible person to the penalty set in § 85-8.