Recreational / Cooking Fires (Outdoor Fire Pit Regulations)

Fire Pits must be used appropriately; when use is altered, fire pits will be subject to Mass DEP open burning regulation. Open burning season is from January to May and requires a permit. You can fine out more about open burning here: Open Burning Regulations

At single family dwellings (with the owner’s permission), there are no special permits required in the Commonwealth of Massachusetts for the use of outdoor fire pits, cooking, or recreational fires. There are however, several requirements based on the Department of Environmental Protection regulations (DEP), the Massachusetts State Fire Laws & Codes (ML Chapter 148 & 527 CMR), the 2009 International Fire Code (IFC) and the State Fire Marshal (SFM):

• Fire must be small and manageable, no greater than 3 feet in diameter. A fire larger than 3 feet in diameter is no longer considered a cooking fire. (527 CMR 1.00, Section 3.3.232)
• All fires must be constantly attended by a competent person (18 years and older) until the fire is fully extinguished. (527 CMR 1.00, Section 10.10.5.1)
• “This person [the attendant] shall have a garden hose connected to the water supply or other fire-extinguishing equipment readily available for use.” (527 CMR 1.00, Section 10.10.5.2)
• Fires shall not be conducted within 25 feet of a structure or any combustible materials. (527 CMR 1.00 Section10.10.4.3)
• Conditions that could cause a fire to spread to within 25 ft (7.6 m) of a structure shall be eliminated prior to ignition.(527 CMR 1.0 Section 10.10.4.4)
  • To meet the legal citations above, the Fire Department looks for a “Clear Zone”:
    • Bottom: Noncombustible (Stone/Sand/Dirt).
    • Sides: 25 feet of clearance from anything that burns.
    • Top: No overhanging branches or structures.
• The burning of trash, painted or stained wood and construction debris is prohibited by the DEP. Never use wet
  or damp wood; this creates needless, irritating smoke. Always use dry seasoned wood, charcoal, or specialist fuel. (527 CMR 1.00, Section 10.10.1.1)
• ! – Safety Note – ! Never use an accelerant to light any fire.
• Note: Environmental condition will limit or exclude the use of Recreational Fire such as bad air quality, or a class 4 or
  class 5 Fire Danger classifications determined by the State.
• Note: Should the fire cause nuisance to neighbors or surrounding areas, Fire Department will investigate, and
  determine if the fire will be extinguished (MGL Chapter 148) & (527 CMR).
  Burn will be halted at Fire Officer’s discretion for violation of any regulation.