Elizabeth, NJ Fire Regulations: Outdoor Burning (2026)

040(A) bars any person from causing, suffering, allowing or permitting open burning of refuse, garbage, rubbish, plant life or trade wastes, and separately bars using open fires to supply heat for any purpose, subject only to five listed exceptions: outdoor cooking with dedicated equipment or fireplaces that isn't a nuisance to neighbors; fires for fire-prevention training or research at a permanent training site; flares or signal devices warning of hazards; smokeless or safety flares combusting waste gases; and welding, brazing or similar operations using oxygen-acetylene or propane.

4 of the state Air Pollution Control Code, demonstrates the burn can be done without danger to persons or property with proper safeguards, shows the burn's timing, method and location will minimize air pollution, and secures the fire department's approval of the application. Any permit issued is temporary and limits the burning by character, quantity, time, place and condition. Subsection C separately authorizes special permits for open-air burning tied to public events run by charitable, religious, civic or nonprofit organizations, again contingent on the fire department's prior written approval and a showing that the event's supervision adequately protects public safety and health. The chapter traces to the city's original air pollution ordinance, prior code Section 38-283.