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Wauwatosa, WI Fire Regulations: Fire Pits & Backyard Fires (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Fire pit rules in Wauwatosa, WI, also called outdoor burning, recreational fire, or open flame ordinances, cover fuel types, clearances, and when burning is allowed.

Key Facts

Outdoor fireplace siting
Must meet standard building setbacks
Supervision
Constant adult supervision while burning
Bonfire permit
Required, 48 hours advance notice, Sec. 14.24.070
Permit issuer
Wauwatosa Fire Department
General penalty
$1 to $5,000 forfeiture per offense

Summary

A permanent outdoor fireplace in Wauwatosa must sit in a location that meets the city's standard building setback rules, and must stay under constant adult supervision whenever it holds burning materials, under Wauwatosa Municipal Code Section 14.24.050. Anything beyond that, an open bonfire, needs a Wauwatosa fire department permit obtained at least 48 hours in advance under Section 14.24.070.

No outdoor fireplace shall hereafter be constructed within the city unless fixed in a location conforming to building setback regulations applicable to all other structures. Nothing herein contained shall prohibit the use of any presently existing and permanently located outdoor fireplace provided the same is not otherwise unsafe. No outdoor fireplace or portable grill shall be used for the process of cooking or preparing foods unless under constant supervision of a competent person while such fireplace or grill contains burning materials. ... Kindling and maintaining of any open fire out of doors within the city, other than those allowed above, shall require a permit to be obtained at least forty-eight hours in advance from the Wauwatosa fire department. Fee for said permit shall be as listed in the consolidated fee schedule.

Full Breakdown

050, adopted by Ord. O-03-7 in 2003, requires that no outdoor fireplace be constructed in the city unless it is fixed in a location conforming to the building setback regulations that apply to other structures on the lot; it does not print its own separate numeric setback, so a fireplace must meet whatever setback already governs an accessory structure on that property. An existing, permanently located outdoor fireplace that predates the code is grandfathered as long as it is not otherwise unsafe. The same section requires that no outdoor fireplace or portable grill be used for cooking or preparing food unless a competent person constantly supervises it while it contains burning materials, so leaving a fire pit or grill unattended while lit is itself a violation.

050 outdoor fireplace for any purpose other than the one it was designed for, and bars creating or permitting a fire in a manner that lets sparks or burning embers escape. 070 requires a permit from the Wauwatosa fire department for kindling and maintaining any open fire outdoors, obtained at least forty-eight hours in advance, with a fee set in the city's consolidated fee schedule. 080 additionally lets the fire department or health officer suspend all outdoor burning, fire pits included, during hazardous weather.

Violations & Fines

Violations of Chapter 14.24 fall under Section 14.36.020's general fire prevention code penalty, tied to Section 1.12.010: a forfeiture of one to five thousand dollars for a first offense and twenty-five to two thousand dollars for a repeat offense, with each day of a continuing violation treated as a separate offense.

Frequently Asked Questions

Do I need a permit for a fire pit or outdoor fireplace?
A permanently constructed outdoor fireplace does not itself need a burn permit under Section 14.24.050, but it must be sited to meet the city's standard building setback rules, and any existing fireplace is grandfathered if it remains safe. Any other open fire, a bonfire, needs a fire department permit under Section 14.24.070.
How far in advance do I need to apply for a bonfire permit?
Section 14.24.070 requires the permit to be obtained at least forty-eight hours before the fire is kindled, from the Wauwatosa fire department, with a fee set in the city's consolidated fee schedule.
Can I leave a fire pit or grill burning unattended?
No. Section 14.24.050 requires that no outdoor fireplace or portable grill be used for cooking unless it is under the constant supervision of a competent person while it contains burning materials, so stepping away from a lit fire pit is itself a code violation.
Can the city stop me from using my fire pit during dry weather?
Yes. Section 14.24.080 lets the fire department or health officer suspend all outdoor burning, including recreational fires, when weather or climate conditions make burning hazardous, so an active citywide suspension overrides a fire pit's normal permission.

Sources & Official References

Other rules in Wauwatosa

All Wauwatosa rules

How Wauwatosa compares: Cities with the Strictest Fire Pit Rules·Compare Wauwatosa to another location·View the Wisconsin fire regulations overview

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