West Virginia Fire Pit Rules (2026)

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

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?

Yes, when used outside fire season daytime hours, kept under three feet diameter, located twenty-five feet from structures, attended at all times, and equipped with means to extinguish the fire promptly.

Do propane and natural gas fire pits face the same rules?

Manufactured gas-fueled fire features generally face fewer restrictions than open wood fires under the State Fire Code, but local clearance and setback requirements still apply. Always check local ordinances.

West Virginia Recreational Fire and Fire Pit Restrictions