Recreational Fires & Open Burning Guidelines
RECREATIONAL FIRES & OPEN BURNING GUIDLINES
Purpose
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The intent of this guideline is to provide the minimum standards necessary to meet the safety requirements when using outdoor barbeques and recreational fires utilizing outdoor fireplaces, chimineas and commercial fire pits, in addition to the requirements for open burning. The requirements are prescribed in the 2020 Fire Code in New York State.
Scope
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This guideline applies to open burning, recreational fires and commercial barbeque pits. Permits are required to conduct open burning. Open burning is also regulated by New York State Environmental Conservation Law, Title 6 NYCRR Part 215 Open Fires.
City of Syracuse Property Conservation Code 27-48
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Outdoor fires fueled by trash, yard waste, construction debris or any similar similar material are expressly prohibited, except with the specific written permission granted by the Syracuse Fire Prevention Bureau, after written request demonstrating reasonable purpose, compelling need and adequate provision for public safety.
Outdoor fires for domestic food preparation are permitted with the following restrictions:
The use of unvented portable, solid, liquid or liquefied petroleum gas (LPG) fueled cooking or heating equipment, is prohibited in the following locations:
- Inside structures.
- Under or upon roofs.
- Upon balconies or porches; or
- Within 10 feet of any combustible material or structure
The burning of materials other than those permitted for domestic food preparation; i.e., charcoal, hardwood, natural gas, liquefied petroleum gas (LPG) etc., which create excessive smoke, flaming brands or noxious odors is prohibited.
City of Syracuse Local Law Article 3
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Fires - No person shall kindle, build, maintain or use a fire in any place or portable receptacle or grill, except in places provided by the department therefore and so designated or under permit. Any fire shall be continuously under the care and direction of a competent person over twenty-one (21) years of age from the time it is kindled until it is completely extinguished.
Fire Code of New York State – Definitions
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Bonfire shall be defined as an outdoor fire utilized for ceremonial purposes.
Open Burning shall be defined as the burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include road flares, smudge pots and similar devices associated with safety or occupational uses typically considered open flames or recreational fires. For the purse of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of external gas are open.
Portable Outdoor Fireplace shall be defined as a portable, outdoor, solid-fuel-burning fireplace that may be constructed of steel, concrete, clay or other noncombustible material. A portable outdoor fireplace may be open in design or may be equipped with a small hearth opening and a short chimney or chimney opening in the top.
Recreation Fire shall be defined as an outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbeque grill or barbeque pit and has a total fuel area of 3 feet or less in diameter and 2 feet or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purpose.
Requirements
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General. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with this section.
Authorization. Where required by state or local law or regulations, open burning shall only be permitted with prior approval from the state or local (Onondaga County) air and water quality management authority, provided that all conditions specified in the authorization are followed.
Extinguishment authority. Where open burning creates or adds to a hazardous situation, or a required permit for open burning has not been obtained, the fire code official is authorized to order the extinguishment of the open burning operation.
Location. The location for open burning shall not be less than 50 feet from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet of any structure.
Exceptions:
(1) Fires in approved containers that are not less than 25 feet from a structure.
(2) The minimum required distance from the structure shall be 25 feet where the pile size is 3 feet or less in diameter and 2 feet or less in height.
Bonfires. A bonfire shall not be conducted within 50 feet of a structure or combustible material unless the fire is contained in a barbecue pit. Conditions that could cause a fire to spread within 50 feet of a structure shall be eliminated prior to ignition.
Recreational fires. Recreational fires shall not be conducted within 25 feet of a structure or combustible material. Recreational fires are only allowed in portable outdoor fireplaces. Conditions that could cause a fire to spread within 25 feet of a structure shall be eliminated prior to ignition.
Portable outdoor fireplaces. Portable outdoor fireplaces shall be used in accordance with the manufacturer’s instructions and shall not be operated within 25 feet of a structure or combustible material.
Exception: Portable outdoor fireplaces used at one and two-family dwellings.
Attendance. Open burning, bonfires or recreational fires shall be constantly attended until the fire is extinguished. A minimum of one (1) portable fire extinguisher with a 4-A rating or other approved on-site fire extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.
Sky Lanterns. A person shall not release or cause to be released an untethered sky lantern.
Administration
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Recreational fires and portable outdoor fireplaces are a privilege and allowed for special occasions by the Syracuse Fire Department. A recreational fire, which creates property damage, personal injury or is deemed a nuisance, may be cause for further legal actions to be taken by the Syracuse Fire Department or the Syracuse Police Department.
Requests for outdoor recreational fires have become a popular activity and concern within the City of Syracuse, especially with recent marketing and sales of portable outdoor fireplaces, made of metal, ceramic and like materials. The Syracuse Fire Department has allowed burning for recreational purposes consistent with state, county and local codes and laws, using the following guidelines:
FIRE SAFETY must always be followed.
Recreational fires must be contained within a vessel/appliance manufactured and listed for that purpose. Recreational fires must be of the same size as in fireplaces (no larger than 3 feet in diameter; no taller than 2 feet in height), located 25 feet from combustible structures (houses, fences, sheds, garages, wooden decks, similar structures) and conducted on non-combustible surfaces.
Materials for burning must be clean seasoned firewood (wet wood, fresh cut wood, painted or stained wood creates smoky conditions and is not allowed to be burned).
Competent adult supervision must be at site while the fire is burning. Competent adult supervision is someone over 21 years of age, not impaired by drugs, alcohol or having a medical or mental condition which would impair their ability to take proper actions if required.
A source of water must be available to control or extinguish any fire (charged garden hose hooked up to a water supply, multiple pans of water or a 4-A rating fire extinguisher).
No new materials may be added to a fire after 10 PM, fire must be extinguished before abandoning.
Fire cannot create a nuisance. Smoke and/or odors may be considered a nuisance.
Outdoor portable fireplaces made of metal, ceramic and like materials and contained with that approved appliance. The approved appliances must follow these same rules and not be placed on any combustible materials (decks, porches, tables, etc.) They may not be located less than 15 feet from a combustible structure and must be extinguished before abandoning.
The most common complaint from neighbors is when recreational fires are not conducted in accordance with the rules and regulations, or when the environmental conditions cause the smoke to migrate off the property into the residence of neighboring property. People with chronic breathing problems can often be affected by these conditions.
Another issue that commonly comes up associated with recreational fires, is noise and disturbance of the neighborhood when these events extend late into the evening. This is a police matter and will be referred to the Syracuse Police Department.
If the Syracuse Fire Department orders you to extinguish your fire due to non-compliance with the rules and regulations, or the fire creates an offensive or objectionable condition, you are bound by law to comply with the request. Failure to do so may result in you being charged with violation of the open burning regulations.
Bonfires must be approved by the SFD- Fire Prevention Bureau at least 30 days prior to the event. Bonfire permits normally are only issued for community type events such as ceremonial events, pep rallies and neighborhood association gatherings.
Any fire causing the fire department or police department to be called maybe considered by the responding official as a nuisance fire. Nuisance fires must be extinguished.
Do not hesitate to contact the Syracuse Fire Department – Fire Prevention Bureau at (315) 448-4777 or FirePrevention@syr.gov if you have any questions regarding this or any other fire safety concerns.
Syracuse Fire Department
Fire Prevention Bureau
July 2024