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Kings County Backyard Fire Regulations Rules (2026) — What You Need to Know

Heavy Restrictions
County ordinances apply to unincorporated areas of Kings County. Cities within the county may have their own rules that supersede county-level regulations.

Key Facts

Open Fires
Prohibited citywide
Wood-Burning Fire Pits
Illegal (classified as open fires)
Gas Fire Pits
Permitted with conditions
Charcoal Grills
Allowed if grate ≤ 10 sq ft
Clearance from Structures
15 feet minimum
Code Reference
§24-149 & Fire Code FC 307

The Short Version

Open fires are broadly prohibited in New York City under Administrative Code Section 24-149 and NYC Fire Code Chapter 3 (FC 307). Wood-burning fire pits are classified as open fires and are illegal in most of Brooklyn. Limited exceptions exist for charcoal or gas barbecue grills with a total grate area not exceeding 10 square feet, gas-fueled fire features, and residential fire pits at detached or semi-detached houses under strict safety conditions outlined in FC 307.7.

Full Breakdown

New York City maintains one of the strictest open fire prohibitions in the country, codified in both the NYC Administrative Code and the NYC Fire Code. Section 24-149 of the Administrative Code broadly prohibits open fires, and the Fire Code (FC 307) classifies portable outdoor fire pits that burn wood or other solid fuel — including manufactured firelogs — as open fires subject to the same prohibition.

Limited exceptions are carved out in Section 24-149. Outdoor residential picnic and barbecue fires are permitted in equipment with a total grate area not exceeding 10 square feet that is designed to use charcoal or equipped with gas burners. Noncommercial barbecue and picnic fires in equipment provided by and located in city parks are also permitted where the Parks Department allows them. All other open fires require written authorization from agencies with regulatory jurisdiction.

Gas-fueled fire features are treated differently from wood-burning fire pits because the flame can be promptly controlled and extinguished via a switch, key, or button, so they do not fall under the open-fire classification. Residential fire pits at detached or semi-detached houses may be authorized under FC 307.7, but must be positioned at least 15 feet from any structure or combustible material, constantly attended, and accompanied by an approved fire extinguisher (minimum 4-A rating) or connected garden hose. In Brooklyn, where rowhouses and attached dwellings dominate the housing stock, the detached-house requirement effectively rules out fire pits for most residents.

What Happens If You Violate This?

Violations of the open fire prohibition under Section 24-149 and Fire Code FC 307 can result in civil penalties issued by FDNY inspectors and adjudicated at OATH. Fines typically range from $500 to $2,000 per violation. FDNY may also order immediate extinguishment and, in cases of repeated violations, pursue injunctive relief. Operating an unauthorized open fire that causes property damage or injury may result in criminal charges.

Frequently Asked Questions

Are fire pits legal in Brooklyn backyards?
Wood-burning fire pits are illegal in Brooklyn as they are classified as open fires under both Section 24-149 and the NYC Fire Code. Gas fire pits are permitted because the flame can be controlled with a switch. Residential fire pits at detached or semi-detached houses may be allowed under FC 307.7 with strict safety conditions, but most Brooklyn homes are attached rowhouses that do not qualify.
Can I use a charcoal grill in my Brooklyn backyard?
Yes. Charcoal grills are permitted for residential use as long as the total grate area does not exceed 10 square feet. The grill must be used outdoors and kept a safe distance from structures and combustible materials.
What about fire pits in Brooklyn parks?
Open fires in city parks are only permitted using equipment provided by the Parks Department at designated locations. Bringing your own fire pit or building a fire on park grounds is prohibited and can result in fines from both the Parks Department and FDNY.

Sources & Official References

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