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Are Outdoor Fire Pits Legal In NYC?

With winter finally behind us, many people are thinking about summer and all the outdoor activities they can enjoy.

One of these activities is sitting around a fire pit with friends and family to roast marshmallows or make s’mores.

The question on many New Yorker’s minds is whether it’s legal to have a fire pit in NYC?

Let’s take a look at what the law has to say!

Are Outdoor Fire Pits Legal In NYC?

In 2009, the New York City Council passed a law that would ban outdoor fire pits and wood-burning fire Pit, this also includes any solid fuel like firelogs in private homes.

The ban does not apply to gas or electric-powered units or bona fide antique appliances.

This means if you have one of these types of heaters it is legal to use them outdoors as long as they are not within 25 feet of any combustible material.

The law does not apply to outdoor fireplaces on the ground or in a fireplace enclosure.

It also doesn’t apply if you are using an approved grill with charcoal, natural gas, propane as the fuel source and it is located at least ten feet from any structure or combustible materials.

If you are looking to purchase a fire pit or outdoor fire pit in New York City then be sure to check with the NYC Department of Buildings for any restrictions on that particular model.

This is always important before purchasing an item so it doesn’t get confiscated!

What type of fire pit is legal in NYC?

Portable outdoor fire pits that burn wood or other solid fuel (such as manufactured firelogs) are considered to be “open fires”, and, per the New York City Fire code, open fires are prohibited.

Can you have a fire pit in Yonkers?

Open burning, bonfires, and fire pits are prohibited in Yonkers. If an open fire is started, the Yonkers Fire Department can extinguish it.

Portable Outdoor Fire Pit

You can use a portable fire pit but shall be used in compliance with the manufacturer’s instructions.

The fire cannot be within fifteen feet of a structure, including buildings unless instructed otherwise by the manufacture.

Portable outdoor fire pits are permitted at one or two-family dwellings as an exception to this rule.

Can You Barbecue In NYC?

Barbecue is legal in NYC. Residents living in one or two homes are allowed to have a propane tank barbecue on their property if it is 10 feet away from the building and deck railings.

Not under any eaves or overhanging branches, and equipped with a fire extinguisher, a bucket of sand, or hose connected to the water supply.

People living in New York with terraces, balconies, and some rooftop decks can also have barbecues if they follow fire department rules.

There are types of barbecue like charcoal, natural gas, or electric that people may use as long as they abide by the fire department’s rules.

No one is ever allowed to barbecue on a fire escape because it attracts potentially dangerous workplace hazards.

Can I have a fire pit in my backyard NYC?

New York City is no exception to the regulations of open burning. When it comes to NYPD guidelines, open fires are only legal if they’re deemed to be safe, or are found 15 feet from any buildings with hazardous materials and/or flammables.

Are fire pits allowed in the City of Buffalo?

In Buffalo, Cheektowaga, and any other area within the state of New York that is outside city boundaries, backyard fires are strictly prohibited.

Are metal fire pits legal in Brooklyn backyards?

New York City does not allow hearths, fire pits, or chimneys on decks and patios.


According to the New York City Department of Buildings, fire pits are not legal in NYC and they should be removed from any balcony or outdoor space.

Properties that violate this code may receive a violation notice for $1,000 per day until action is taken.

Recourses: Summer Fire Safety


Meet Bob Vil, is a seasoned patio enthusiast and the author behind the informative and engaging content on our patio website. Bob Vil has a degree in Civil Engineering (BSCE). With over a decade of experience designing, building, and maintaining patios, fire pits, and porches, Bob Vil is an expert in all things outdoor living. Throughout his career, Bob Vil has worked on a wide range of projects, from small, intimate patios for residential clients to large-scale commercial installations. His knowledge and expertise have helped countless homeowners create beautiful and functional outdoor spaces that they can enjoy for years to come.

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