Burn Bans and Local Rules for Wood Fire Pits

Whether you can light a wood fire tonight depends on where you live, the weather and the air, and the rules are set locally, not nationally. Before you buy a wood-burning fire pit, find out what your city or county allows and how far it must sit from the house. Before each fire, check three things: any burn ban or fire restriction, the day's air quality, and the wind. This guide shows who to ask and what to look for, without pretending one town's rules apply everywhere.

Why the rules are local

There is no single national rule for backyard fire pits. The US EPA puts it plainly: "Some local governments have adopted ordinances to restrict backyard recreational fires." Those rules come from several places at once. Cities and counties adopt fire codes and write their own amendments. Counties and states declare burn bans when conditions are dry. Air quality agencies call no-burn days when pollution is already high. Homeowners associations and leases can add their own limits on top.

The result is that two homes a few miles apart can live under different rules, and the same home can be under different rules from one week to the next. The only reliable answer comes from the authorities that cover your address.

Who to ask

These are the places to check, roughly from most local to broadest. Most of them publish their rules online, and a phone call to a non-emergency line settles anything unclear.

• Your local fire department or fire marshal. The best first call. Ask whether recreational fires are allowed at your address, what distance they must be from structures, and whether a spark screen, extinguisher or permit is required.
• Your city or county code. Many municipalities publish their adopted fire code and local ordinances online. Search for "recreational fire" or "open burning".
• Your state or county forestry or wildfire agency. Many publish current burn bans. In Texas, for example, the Texas A&M Forest Service publishes county burn ban status, and a county judge or commissioners court can put a ban in place.
• Your local air quality agency. Some regions call no-burn days when air quality is poor.
• Your HOA or lease. Private rules can be stricter than public ones, and they may cover placement, fuel and hours.

Two kinds of no-burn day

It helps to know that there are two quite different reasons you may be told not to light a fire.

The first is fire danger. When vegetation is dry and winds are up, counties and states restrict outdoor burning to prevent wildfires. The EPA advises taking extra care if you live in a region where brush fires are a concern, and the Smokey Bear campfire guide from the USDA Forest Service program says to check that fires are allowed before building one and not to start fires when it is windy. Utah County's fire marshal, for one, states that recreational fires shall not be conducted when fire restrictions are in place.

The second is air quality. The EPA says to never burn wood on air quality alert days, when pollution is already higher. The EPA's Burn Wise site links to local air quality information you can check before you light.

How codes describe distances

Distance from the house is the question we hear most, and it is where people most often borrow a number that does not apply to them. Distances come from your local fire code as adopted and amended by your jurisdiction, so the only right number is your own. To show how one adopted code reads, here are two published examples.

Bellevue, Washington, adopts Section 307 of the International Fire Code. As adopted there, recreational fires "shall not be conducted within 25 feet (7620 mm) of a structure or combustible material", while portable outdoor fireplaces must be used according to the manufacturer's instructions and not operated within 15 feet of a structure or combustible material. Fires must be constantly attended until extinguished, with a portable fire extinguisher or other approved equipment, such as a garden hose, available for immediate use.

Utah County's fire marshal, for unincorporated parts of the county, also sets 25 feet from a structure or combustible material, requires 30 feet from combustible material or non-fire-resistive vegetation in wildland urban interface areas, and limits the size of the fuel load.

Questions to settle before you buy

A wood-burning fire pit is a long-lived piece, especially a quarter inch steel design meant to stay outdoors for years. Settle these before you order, and you will not end up with a beautiful object you cannot use.

1. Are backyard recreational fires allowed at your address at all, and in which seasons?
2. What distance must the fire sit from the house, fences, sheds, trees and property lines, and does your planned spot meet it?
3. Is a spark screen, extinguisher or hose required, or a permit?
4. Does your HOA or lease allow a wood fire, or only gas?
5. Is the surface noncombustible? Fire Pit Art is explicit: "DO NOT PLACE A WOOD BURNING FIRE PIT ON ANY WOOD SURFACE."
6. How often do burn bans or air quality no-burn days affect your area?

If the answer to that last question is "often", it is worth asking your local authority how its rules treat gas fire features. Do not assume gas is exempt from a burn ban. Restrictions are worded differently from place to place, and only your local authority can tell you what its rules cover. Most Fire Pit Art designs are offered for natural gas or propane as well as wood, so the same design can suit either answer. Our before you buy checklist covers the rest of the planning, and a gas installation is always a job for a qualified, licensed gas professional.

On the night

Once you know the rules, the habits are the same almost everywhere.

• Run the three checks: burn ban or restriction, air quality, wind.
• Have water, a hose or an extinguisher, and a shovel within reach before you light.
• Burn only dry, seasoned firewood, and nothing from the EPA's do-not-burn list.
• Consider your neighbors and the wind direction, as the EPA asks.
• Stay with the fire until it is fully out, and use a spark guard when the fire is winding down.
• Let ashes cool, then store them in a tightly covered metal container at least 10 feet from buildings, as the US Fire Administration advises.

Our guide to spark screens, smoke and choosing firewood goes into each of these in more detail.

Pieces that help

A fitted spark guard, a lidded design that doubles as a snuffer and a table, and a proper set of tools make the rules easy to live with.

For the fire pits themselves, see art steel fire pits: a guide to handcrafted wood burners.

Common questions

How do I find out if there is a burn ban today?

Start with your local fire department and your county or state forestry or wildfire agency, many of which publish current burn bans online. In Texas, for example, the Texas A&M Forest Service publishes county burn ban status. Check your local air quality too, since some areas call no-burn days when pollution is high, and the EPA's Burn Wise site links to local air quality information. If anything is unclear, call the fire department's non-emergency line.

Are gas fire pits allowed during a burn ban?

It depends entirely on how your local authority writes its restrictions, and wording varies from place to place. None of the authorities we reviewed exempts gas fire features as a general rule, so do not assume an exemption. Ask your local fire department or check the text of the ban itself. If bans are frequent where you live, ask this question before you choose between wood and gas.

How far from my house does a wood fire pit need to be?

Your local fire code sets that distance, and it varies. As one example, Bellevue, Washington, adopts International Fire Code language that keeps recreational fires 25 feet from structures and combustible material, with 15 feet for portable outdoor fireplaces used per the manufacturer's instructions. Other places set different numbers or classify fire pits differently, so confirm with your local fire department before you choose a spot.

Does a spark screen make a wood fire pit legal where fires are restricted?

Not on its own. Some codes require a spark screen as one condition among several, but a screen does not override a burn ban, an air quality no-burn day or a distance requirement. Fire Pit Art recommends always using a spark guard for safety. Treat it as good practice everywhere, and treat local rules as a separate question for your fire department.

Sources

1. US EPA Burn Wise, Backyard Recreational Fires, local ordinances, brush fire regions, air quality alert days, neighbors and wind
2. US EPA Burn Wise, Best Wood-Burning Practices, seasoned wood and what not to burn
3. US EPA Burn Wise, links to air quality and Check Before You Burn information
4. Texas A&M Forest Service, Burn Bans and Information, county burn ban authority and status
5. City of Bellevue, WA, Code 23.11.307 (International Fire Code Section 307 as adopted), sections 307.4.2, 307.4.3 and 307.5
6. Utah County Fire Marshal, Outdoor Fires (2020), restrictions, distances, wildland urban interface
7. Smokey Bear (USDA Forest Service program), Keep Your Campfire from Becoming a Wildfire, check that fires are allowed, avoid windy conditions
8. US Fire Administration (FEMA), Discard Ashes Safely
9. Fire Pit Art, Delivery Method, do not place a wood-burning fire pit on any wood surface
10. Fire Pit Art, Should I Use a Spark Guard on My Fire Pit?