An Overview of Fire Pit Regulations in MA
The charm of a crackling fire on a cool summer night, or toasting some marshmallows with friends, is one of the luxuries of homeownership. For many, a fire pit provides the perfect atmosphere for entertaining guests, while adding to the overall appeal of their yard. However, in Massachusetts, many towns and cities have enacted legislation that regulates the use of fire pits and outdoor fire features in general, whether it be gas or wood-burning. Failure to adhere to these rules could result in significant fines for homeowners.
In 2012, Avon became the first community in the state to ban wood burning fire pits. Since then, many other communities have followed suit including Andover, Billerica, Brockton, Burlington, Fall River, Milton, Quincy, Scituate, Stoughton, Sudbury and Weymouth. Some communities have had to take this step due to a significant number of complaints they had received over the years. Many of these reports were from patients of hospitals and adult living communities in the vicinity of common back yard campfires, who had reported severe allergies which may have been exacerbated by the smoke drifting their way. Similarly, due to a number of serious brush fires which had occurred, especially when high winds were present, some communities have made the decision to ban these wood-burning fire pits altogether, in the interest of safety. Fire pits which may not be used include any that burn wood, charcoal, or any other combustible material.
In most locations where open fires are still permitted, whether or not a permit is required to burn depends on the area. In areas which require a permit to burn, permits are usually issued by the local fire chief or assistant chief and are valid for 30 days, from October 15 to May 1 of the following year . In some cases, a fee is required, as well as adult supervision during the burn.
Outdoors, you are only allowed to burn small, dry twigs, brush, or untreated wood, and paper. Fires are not to be started with gasoline or other flammable liquids.
Communities which permit outdoor wood-burning fire pits and have not banned them outright have specific guidelines for their use as well. They usually require that fires which are burning any material other than charcoal be clear of all leaves, debris and other combustibles. A minimum of 25 feet clearance is usually required for bricks, stone or concrete walls, fences and other structures. Water must be used if the fire gets out of control. Approximately 5 gallons of water are required and must be fully extinguished using it.
Some towns add that the fire must be supervised, that someone must be able to control the fire at all times, and that the fire must be put out by 10:00 pm. Others provide that the ash be disposed of properly.
Water bodies, wetlands, wetlands protection areas, and major roadways must have at least 75 feet of perpendicular clearance from the fireplace with any trees or shrubs, and from the fire. The fireplace must be at least 75 feet perpendicular distance from any property line or that of a neighbor. Public roads, sidewalks and other areas accessible to the general public must have a minimum of 150 feet of clearance from the fire. Fire pits cannot be burned if the winds are 15 mph or faster, as measured by the use of an instrument such as a Hand-Held Anemometer.
Not all communities in Massachusetts have enacted restrictions regarding fire pits. Some of those in the Greater Boston area that have not yet done so include Alston-Brighton, Cambridge and Somerville.
Massachusetts Statewide Fire Pit Laws
Under state law, the two chapters most applicable to fire project regulations involve chapters 148 and 111 of the Massachusetts General Laws. While chapter 148 may feel more pertinent, Massachusetts is such a home-rule state that the municipalities themselves hold the trump card when it comes to deciding what happens when an issue arises with a fire pit. For that reason, you’ll find that most of the fire pit regulations are located at the local level, with those municipalities varying significantly by terms of safety, environmental concerns, and liability prevention.
Chapters 148 & 111 of the Massachusetts General Laws The following is the Massachusetts General Laws on fire pits found within chapter 148: § 6 1/2. Domestic Incinerators and Incineration No person shall own or maintain in any building, structure or place within the commonwealth, a fuel fired incinerator, furnace, fireplace, or chimney, except as authorized by chapter one hundred and ninety-five of the acts of nineteen hundred and twenty-eight and any act in amendment thereof or addition thereto. For the purposes of this section the word "furnace" shall not include a fireplace or fireplace insert, gas log, or other appliance designed to burn wood, coal or natural gas for the primary purpose of space heating. S.3-15. § 4. Household incinerators Whoever erects, maintains or operates any fire-place which is an open fire as defined in section 10 of chapter 90, without the written approval of the mayor and board of fire commissioners, or board of fire wardens, or of the selectmen or road commissioners of the town, shall be punished by a fine of not less than ten nor more than fifty dollars. S.119. § 6. Setting fires in open air; brush heaps Whoever sets on fire any tree, wood, grass, bush, vine, weeds, rubbish or material of any kind, or causes the same to be done, in or near the immediate neighborhood of buildings or forests, or sets up, maintains, keeps, attends or uses any fire in the open air for the burning of wood or leaves or rubbish, or in any case permits it to continue after sunset, shall for each offence be punished by a fine of not less than five nor more than twenty dollars; but nothing in this section contained shall make unlawful the setting or keeping of fires for agricultural purposes in the usual and ordinary way. All penalties under this section shall be recovered by complaint or indictment in the name of the state. S.1.
However, there are some statewide practicalities that may influence how the local laws are interpreted:
Permitting State law does not require obtaining a permit to burn in the open, nor does it require local fire departments to permit outdoor fire containers. Some Massachusetts municipalities require a permit, while others do not and create guidelines for how often you may burn and what types of fuels you may use. Check with your local building/permit department and fire department to find out more.
Safety Controls Most Massachusetts municipalities do not require a plan review or inspection when setting up a fire pit. However, as some towns have adopted the International Fire Code, which does not allow for open flames to be set without a permit, safety controls are often provided by the local municipality to prevent fire hazards.
Environmental Controls The Massachusetts Department of Environmental Protection (MassDEP) restricts outdoor fires and other burning. Residential outdoor burning is prohibited without a permit from the local fire department, and that permit is only given during certain months of the year.
Liability Controls All municipalities discourage burning if the weather is dry, as wind and drought conditions increase the risk of fire spread. Many municipalities have limitations on what can be burned and where the fire can be located in the yard, restrict the size of the fire, and require all material be burned before the fire can go out.
Fire Pit Regulations in Local Massachusetts Towns and Cities
Aside from the rules and regulations within the Massachusetts Department of Environmental Protection ("MassDEP"), multiple towns and cities have additional laws, restrictions, or rules about fire pits. These rules, though often standard, may vary from municipality to municipality. It is critical that you check your local municipality for any rules, ordinances, or regulations governing fire pits and outdoor fires, as local regulation will always trump MassDEP regulation. The MassDEP research paper, in fact, notes that many local fire departments require permits for outdoor fires and many local boards of health have established regulations pertaining to control of smoke and odor from outdoor wood burning appliances. 310 MassDEP 18 (2014). Therefore, the important takeaway is that you always should check with your local municipality to ensure your fire pit will not violate local rules. Some municipalities that have additional rules include but are not limited to:
Boston: No fires may be conducted on lawn and natural wood burning appliances are prohibited.
Cambridge: No fire shall be conducted within 25 feet of a residential structure or combustible material. Only clean and seasoned wood or charcoal may be used in portable outdoor fireplaces.
Brookline: No fire may be conducted on a developed site except in those areas for which a permit is granted. Although not required, it is usually recommended a property owner contact the Brookline Fire Department if they plan to conduct a permitted outdoor fire.
Norwood: All outdoor fires must be approved by the fire department before being started.
Waltham: No outdoor fire shall be kindled or maintained outside of an approved container, chimney, or other similar appliance in a safe manner and at a safe distance from places such as, but not limited to: people; buildings; vehicles; flammable and combustible materials; wild lands; and/or sources of water.
Best Practices & Safety Precautions for Enjoyable Fire Pit Use
When it comes to using your fire pit, safety should be your number one priority. Though the laws vary across the state, generally, the following should be observed: Regardless of size, fire pits should not be set up under eaves or overhangs. In fact, some cities prohibit fire pits on second stories entirely. Be sure to double-check with your local ordinance to verify that your set up is compliant. A good rule of thumb to follow when determining proximity to structures is to position the fire pit 10 feet from a home, fence, tree or other structure. This distance should provide enough space to allow free movement, as well as ample room in the event of an emergency. In order to reduce the risk of spreading burns, there should be a cleared 3-foot radius around your fire pit. Even if the wind has been relatively calm throughout the day, the evening can bring unpredictable gusts that may carry sparks and embers to your home or other areas of your property. Maintaining clearances helps prevent this fire hazard. Ensure that children and pets are seated a safe distance away from your fire pit. Even small children and pets should remain at least 3 feet away, though 5 feet is preferable. Use garden chairs or other furnishings that are at least that far from your fire pit, and make sure the area is fenced off from children and pets when not in use. Every wood burning fire creates ash. These byproducts should be disposed of properly, first by letting the ashy remnants cool completely, and then by placing them in a noncombustible container that is fitted with a lid. Containers should be kept outdoors, away from structures, fences and other flammable items, and should be properly disposed of every single day. Even naturally occurring soil can catch fire, creating dangerous burn hazards. This is particularly important if you live in a wooded area, where surface soil is likely to contain a large amount of dry plant material. The lightest rainfall can do little to extinguish a fire that has taken root in the soil, so it is vital that you avoid burning in dry spaces, follow all local fire ordinances and regulations, and carefully monitor your fire pit.
Typical Legal Ramifications for Fire Pit Law Violations
Fines are generally assessed immediately when a violation is found, whether by a contractor or the fire department. Penalties can also be levied on the property owner, even if the property owner was not present at the time of the infraction. And don’t think that your building inspector doesn’t talk to the fire department. Many municipalities have agreed that they will each enforce their respective codes and work together to help each other find violations. Thus, a fire department might find an infraction during a simple building inspection and impose penalties. While enforcement may vary from town to town, the fines can add up.
In 2014, the fire department in Bellingham, Massachusetts, was called to a one-alarm fire, and quickly determined that it was a result of a fire pit that wasn’t in compliance with the law. Bellingham’s bylaw prohibits burning if the ground is not snow or at least damp. Shovels, hoses, and buckets with water were required for all fires, and a representative from the fire department must approve the fire. The fire department, along with police and building inspectors, found the owner at fault, and "each person receiving civil penalties shall be fined $300 per day or per violation."
They found that the fire pit was approximately 30 feet from the house, and not covered by the exemptions . The house was less than six feet away from the home, and therefore subject to the law. The pit was located on a concrete slab, which is prohibited, and the fire was caused by trash that was also deemed illegal to burn. In addition, the owner had ignition acceleration material that he used to create a "torpedo fire" in a fire pit in violation of Massachusetts law.
Billerica has similar ordinances. They require that the pit is at least 500 feet away from the nearest occupied structure and not in the immediate outdoor space of a neighbor. A fire department officer is required to issue a permit before a fire can begin and must inspect the fire pit. Billerica also requires that the owner notify the building inspector, and a copy of the notification should be produce upon request. The bylaws state that fires and embers must be "bear-proofed," and the owner must ensure that the conflagration does not cause a nuisance to neighbors.
In one case, the fire department said that the owner damaged property by burning material that had been discarded improperly, resulting in an illegally open fire. Fires must be contained in a three-foot high metal barrier that is "adequate to contain fire and drift." An inspection revealed that the pit was not enclosed by a barrier and there was tree overhanging that could have caught fire.
Failure to heed these warnings can have legal consequences.
How to Obtain a Fire Pit Permit
Steps to Obtain a Fire Pit Permit in Massachusetts
- Determine if you need a permit. Check with your local building department or city or town website for fire pit regulations specific to your area.
- Gather necessary documentation. This may include proof of property ownership, fire pit specifications, site plan, or a letter detailing the intended use and safety measures.
- Complete the permit application. This will vary by municipality but will typically require information about the proposed location of the fire pit, safety barriers, and the type of fuel to be used.
- Pay the permit fee. There is usually a fee associated with the permit application. This varies by municipality.
- Submit the application and documentation. Once you have completed the application form and gathered the necessary documentation, submit them to your local building department. You can typically do this in person, by mail, or even online.
- Schedule an inspection, if required. Some municipalities require an inspection by a building inspector or fire marshal before issuing a permit. If so, coordinate a date and time when the inspection can be conducted.
- Await approval. Once the application is submitted and any inspections have been completed, the permitting entity will typically review the application within a certain number of days, as outlined in your local regulations.
- Obtain the permit. If approved, you will receive a permit for your fire pit, which must be displayed on your property before you commence with construction or installation.
Trail Resources for Understanding Fire Pit Laws
One of the best ways to avoid any potential issues with the law when it comes to fire safety in your backyard is to stay up-to-date on current regulations. While speaking to a lawyer or fire marshal can prove to be helpful, there are plenty of online tools that allow you to remain in the know from the comfort of your home.
You can start by visiting the Massachusetts government website, www.mass.gov, where you can browse by subject and click on the "Public Safety and Inspections" tab, which will take you to the most relevant agencies and departments, including the Department of Fire Services and even the Massachusetts State Police . Another good place to find fire safety information is your local city or town’s website. Almost all municipalities in the state have an online presence, featuring information about the fire department, rules and regulations, and contact information.
Even if you prefer the old-fashioned way, you can always visit your local public library to find any available resources or speak to a reference librarian about any specific fire safety resources they may have access to. You can also review local news media, such as radio stations, online publications and newspapers, as these are usually some of the first sources to break stories about regulations and ordinances.