West Virginia Statewide Rule
West Virginia Recreational Fire and Fire Pit Restrictions
Key Facts
- Statute
- W. Va. Code 20-3-5, 29-3-5b
- Max Fire Size
- 3 feet diameter
- Setback
- 25 feet from structures
- Attendance
- Required at all times
Summary
West Virginia regulates outdoor recreational fires through forest fire season restrictions in Code Section 20-3-5 and the State Fire Code adopted by the State Fire Commission, which apply uniformly to backyard fire pits statewide.
(b) Permissible fires during forest fire seasons. - The following attended fires are permitted during forest fire season as set forth in subsection (a) of this section without a burning permit unless there is a burning ban in effect: (1) Small fires set for the purpose of food preparation, or providing light or warmth around which all grass, brush, stubble, or other debris has been removed for a distance of 10 feet from the fire; and
Full Breakdown
West Virginia Code Section 20-3-5 governs outdoor recreational fires including backyard fire pits during forest fire seasons. The State Fire Marshal adopts the State Fire Code under Code Section 29-3-5b, incorporating International Fire Code provisions limiting recreational fires to three feet in diameter and two feet high, requiring fires to be at least twenty-five feet from structures, and mandating constant attendance with extinguishing means available. Manufactured cooking devices and contained fire pits with spark screens are generally permitted outside fire season hours.
Violations & Penalties
Violations may result in fines under W. Va. Code 20-3-5 ($100 to $1,000), liability for suppression costs and damages, and additional penalties under adopted fire code provisions.
Frequently Asked Questions
Are backyard fire pits legal in West Virginia?
Do propane and natural gas fire pits face the same rules?
Sources
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