Fire pit rules in New York City, Philadelphia and Atlanta

Key facts

Sources: FDNY Fire Code chapter 3 (2022), sections 307.1 to 307.7; NYC Zoning Resolution 21-11 to 21-14; Philadelphia L&I Code Bulletin F-0602 R1; Philadelphia Fire Code chapter 3; ATL311 open burning article; Atlanta Ordinance 23-O-1168 amending Code Sec. 78-57 (IFC 307.4.3.1 Fire Pit); Georgia EPD open burning rules.

New York City: the zoning map decides

The FDNY Fire Code starts from a flat ban on open fires (FC 307.1) and then lists exceptions. The residential fire pit exception, FC 307.7, applies only to "the premises of a detached Group R-3 occupancy in any R1, R2, or R3 residential zoning district." Both tests must pass. A detached two family house in R4 fails the zoning test, and a semi-detached house in R3-1 fails the detached test. Check your block on the Department of City Planning's ZoLa map: Zoning Resolution 21-11 describes R1 and R2 as single family detached districts, 21-12 covers R3A and R3X detached districts, 21-13 covers R3-1 detached and semi-detached districts, and 21-14 groups R3-2 with the general residence districts. If you qualify, keep the pit 10 feet from combustible material or a combustible building surface, keep openings within 25 feet closed where feasible, attend it constantly, and keep a 4-A extinguisher or a garden hose on a water supply at hand. If you do not qualify, FC 307.5 still allows a barbecue with a grate up to 10 square feet and 10 feet of clearance, and at a one or two family home a grill may run on up to two 20 pound propane cylinders.

Philadelphia: enclosed or nothing

L&I Code Bulletin F-0602 R1 explains that Air Management Code 3-202 prohibits open fires other than outdoor home cooking, and that the fire code prohibits open burning except by approval. It then allows portable outdoor fireplaces, also called patio fireplaces or chimineas, under four conditions: the unit is completely enclosed by solid material, heavy duty screening or both, with a screen on top for wood burners; it burns only non pressure treated wood, charcoal or fireplace logs, or propane in propane units; it sits at least 15 feet from any structure, including decks and balconies, and never on a deck, in a tent, or on or under a roof; and someone attends it until the fire is out. The current fire code text on UpCodes adds that open burning containers must be noncombustible with mesh openings no larger than 1 inch diagonally (F-307.1.2), and that a 4-A extinguisher or a hose, dirt, sand or a water barrel must be on hand (307.5). Its 307.4.3 text carries an exception for one and two family homes that the bulletin does not repeat, so follow the bulletin's 15 feet unless L&I tells you otherwise.

Atlanta: screened, small and 15 feet out

ATL311 says all open burning for disposal is banned in city limits, including leaves, branches, trash and bonfires, while cooking fires in grills and recreational fires in chimineas, outdoor fireplaces or fire pits are allowed if the fire is contained and not burning freely. Ordinance 23-O-1168, which amends City Code Section 78-57 and adds IFC 307.4.3.1, sets the fire pit details: fuel no larger than 2 by 3 feet, screening on all sides and the top, constant attendance, extinguishing media on hand, 15 feet from a structure, clean wood only, and put the fire out if smoke is objectionable or blows into a neighboring structure. Confirm with the Atlanta Fire Rescue Fire Prevention Division at 404-546-7000 before building a masonry pit. Georgia EPD's summer ban from May 1 to September 30 applies to yard debris in Fulton and DeKalb, and EPD exempts recreational fires.

Worked example: one 40 by 30 foot back yard in each city

Take a 40 by 30 foot yard behind a house with vinyl siding and a wood fence on three sides, and a 27.5 inch (about 2.3 foot) Breeo X24 with its spark screen. In New York City, if the house is detached and in R1 to R3, the pit needs 10 feet from the siding and the wood fence. Across the 30 foot depth, 10 + 2.3 + 10 = 22.3 feet fits, leaving 7.7 feet of slack, and across the 40 foot width it fits easily. In Philadelphia, the house and any deck are structures, so the enclosed unit needs 15 feet from each. In the 30 foot depth, 15 + 2.3 = 17.3 feet from the house leaves 12.7 feet to the rear fence, and F-305.1's 3 foot clearance between flame producing devices and combustible materials keeps it off the fence. Add a deck off the back door and the spot may disappear, and the open X24 would need its screen and an enclosed design that L&I accepts. In Atlanta, 15 feet from the house and from a detached garage or shed is the binding rule; the X24's fuel area is well under 2 by 3 feet, and the screen satisfies the top screening rule. Measure on the ground with a tape before you order.

Related guides

• How far should a fire pit be from the house?
• Fire pits on composite decks
• Wood vs gas vs smokeless fire pits
• Fire pit rules in Maine, New Hampshire, Vermont, Connecticut and Rhode Island
• Fire pit rules in Albuquerque, Boise, Des Moines, Wichita and Omaha
• Fire pit rules in Chicago, Dallas and North Las Vegas

Frequently asked questions

Are backyard fire pits legal in New York City?

Only at a detached one or two family house (Group R-3) in an R1, R2 or R3 zoning district. FDNY Fire Code 307.7 limits residential fire pits to those premises, so a rowhouse, a semi-detached house or any home in an R4 or higher district cannot have one. A grill under FC 307.5 is still allowed.

Are fire pits legal in Philadelphia?

An open fire pit is not, because Air Management Code 3-202 bans open fires except outdoor home cooking. L&I Code Bulletin F-0602 allows portable outdoor fireplaces that are completely enclosed, with a top screen on wood burners, at least 15 feet from any structure including decks and balconies, and never on a deck or under a roof.

What are the fire pit rules in Atlanta?

ATL311 says recreational fires are allowed in chimineas, outdoor fireplaces or fire pits if the fire is contained and not burning freely. The local fire code provision, City Code 78-57 as amended by Ordinance 23-O-1168, caps fuel at 2 by 3 feet, requires screening on all sides and the top, and requires 15 feet from any structure.

How far does a fire pit have to be from the house in NYC?

FC 307.7.2 bars using or storing a residential fire pit within 10 feet of combustible material or a combustible building surface, and asks you to close windows and doors within 25 feet while it burns, where feasible.

What fire extinguisher do I need for a fire pit in these cities?

NYC and Philadelphia both call for at least one portable extinguisher rated 4-A or approved alternatives such as a connected garden hose. Atlanta's provision accepts an extinguisher, a garden hose, dirt or sand.

Does Georgia's summer burn ban stop my Atlanta fire pit?

No. Georgia EPD's May 1 to September 30 ban covers yard and land clearing debris in 54 counties, including Fulton and DeKalb, and EPD says recreational activities such as campfires and grilling are exempt.

Can I use a fire pit on my deck in any of these cities?

Philadelphia's bulletin forbids portable outdoor fireplaces on decks outright. NYC requires 10 feet from combustible material, which a wood deck is. Atlanta requires 15 feet from a structure. None of the three is a deck friendly city for wood fires.

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