Albany, NY Fire Regulations: Outdoor Burning (2026)
Outdoor burning rules in Albany, NY, also called the burn ban, open burning, or fire restriction ordinance, set when you can burn yard waste, debris, or run a recreational fire.
Key Facts
- Distance from wood structures
- At least 25 feet
- Distance from any structure
- At least 10 feet
- Fine range
- $50 to $500 per day
- Enforcing agency
- Albany Fire Department
- Supervision required
- Continuous adult attendance
Summary
Albany City Code § 197-5 requires any yard fire to burn inside a fireproof enclosure, stay under adult supervision, and sit at least 10 feet from structures and 25 feet from wood buildings.
No person shall kindle, make or keep a fire in any yard or building in the City unless in a wire, steel, concrete, brick or other fireproof enclosure or receptacle. A fire so kindled, built or maintained, as aforesaid, on the outside of any building shall be continuously under the care and direction of a competent adult from the time it is kindled until it is extinguished. Any fire kindled or built outside of any building shall be at least 25 feet from any wood structure, and in no event shall such fire be built within 10 feet of any type of structure. The Chief of the Department of Fire or his representative shall have the authority in all cases to prohibit the use of any fireplace or fire-burning receptacle within or outside of any building, as aforesaid, which in his opinion shall be deemed hazardous and dangerous. In no event shall this article be construed to permit the burning of garbage or any material which would produce noxious odors.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4873446; v61 updated 2026-03-18; through 03-18-2026).
Full Breakdown
Albany City Code § 197-5 bars kindling or keeping a fire in any yard or building citywide unless it burns inside a wire, steel, concrete, brick, or other fireproof enclosure. An outdoor fire must stay under continuous watch by a competent adult, sit at least 25 feet from any wood structure, and never closer than 10 feet to any structure. The Fire Chief or a representative can prohibit any fireplace or fire-burning receptacle judged hazardous, and burning garbage or anything producing noxious odors is barred outright.
Violations & Fines
Violating § 197-5 falls under Article I's penalty at § 197-12: a fine of $50 to $500, with each day of continued violation counted as a separate offense.
Frequently Asked Questions
Can I have a fire pit in my Albany backyard?
Can the Fire Department stop me from burning at all?
Sources & Official References
Other rules in Albany
How Albany compares: Cities with the Strictest Outdoor Burning Rules·New York rules heatmap·Compare Albany to another location·View the New York fire regulations overview
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