Outdoor Fireplace Laws

Permits and Zoning

• Permits can be required in order to operate any type of outdoor burning device. Many rural areas do not have a zoning or permit department, but can have established laws pertaining to open burning within municipal or townships limits. Permit details vary by location, but can contain language pertaining to the size, type and style of outdoor fireplace to be used at a residence.

Burning Laws

• Common outdoor fireplace burning laws address not only the size and height of a unit, but the distance it can be placed near other structures. To avert potential fire hazards, outdoor fireplaces shouldn't be placed directly upon wooden decks. Local outdoor fireplace laws can address the type of foundation on which such a pit can be erected.

Safety Requirements

• Safety requirements often associated with local laws and requirements can require a fire extinguisher be available and specify the type of fire starters that can be used to spark a flame. Lighter fluid and gas should not be used with outdoor fireplaces; such use is illegal in some areas.

Burning Restrictions

• Open burning regulations in many states prohibit any type of outdoor burning in designated restricted area without a permit. Wood is the primary approved material for burning in outdoor fireplaces. Items that can't be burned in most states include rubber, asphalt animal waste, household cleaners, motor oil, paint, electrical wire, garbage, grease, tires or petroleum. During certain dry times of the year or high air pollution status, outdoor burning is banned, even with a permit.

Know Before Purchasing

• Some states consider exemptions for outdoor fireplaces, food grills and food smokers. Regulation permit requirements, fees associated with permits and fines for burning vary widely by geographic area and state of residence. Before purchasing an outdoor fireplace,or designing a foundation for the backyard attraction, all local laws pertaining to burning should be reviewed and necessary permits secured.