Fire Services Division

Open Burning / Fire Pits Policy

In researching the New York State Fire Code Section 307, Open Burning, and the Environmental Conservation Law, 6 NYCRR, Part 215, entitled Open Burning with the Albany County Health Department, we find nothing in either Code to restrict small camp fires and/or small fires for the purpose of cooking food, provided that the fireplace, pit, grill, etc., meets the following conditions:

  • That the fire does not generate large amounts of smoke or noxious emissions which would interfere with the reasonable enjoyment of life (neighbors may have allergies, asthma, etc.);
  • It is not a source of ignition to any nearby combustibles;
  • It is attended at all times;
  • A suitable fire extinguisher is readily available (hose, pail of water, etc.);
  • Small pieces of woods are used as fuel, such as you would use in an indoor fireplace;
  • Prohibited items such as leaves, brush, garbage, refuse, wooden pallets, construction debris or any type of combustible or flammable liquids are not be used for fuel;
  • Fire is to be completely extinguished when finished.

With regard to medium or large Open Burning or Bon Fires for either residential or commercial applications, a burn permit must be obtained from the Albany County Health Department which enforces the New York State Department of Environmental Conservation Law, 6 NYCRR, Part 215, entitled Open Burning by Permit Only.

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347 Old Niskayuna Road
Latham, NY 12110-2286