A person shall not kindle or maintain or authorize to be kindled
or maintained any open burning unless conducted and approved in accordance
with this chapter.
As used in this chapter, the following terms shall have the
meanings indicated (see the Fire Code of New York State):
BONFIRE
An outdoor fire utilized for ceremonial purposes.
FIRE PIT
Can vary from an elaborate gas-burning structure of stone,
brick and metal. The common feature of fire pits is that they are
designed to contain fire and prevent it from spreading. The size of
the pit can be no larger than three feet in diameter, and no taller
than two feet in height.
OPEN BURNING
The burning of materials wherein products of combustion are
emitted directly into the ambient air without passing through a stack
or chimney from an enclosed chamber. Open burning does not include
road flares, smudgepots and similar devices associated with safety
or occupational uses typically considered open flames or recreational
fires. For the purpose of this definition, a chamber shall be regarded
as enclosed when, during the time combustion occurs, only apertures,
ducts, stacks, flues or chimneys necessary to provide combustion air
and permit the escape of exhaust gas are open.
RECREATIONAL FIRE
An outdoor fire burning materials other than rubbish where
the fuel being burned is not contained in an incinerator, outdoor
fireplace, barbecue grill or barbecue pit and has a total fuel area
of three feet (914 mm) or less in diameter and two feet (610 mm) or
less in height for pleasure, religious, ceremonial, cooking, warmth
or similar purposes.
Any person who shall violate any of the provisions of this chapter
shall, upon conviction, be punishable by a fine not exceeding $250
or imprisonment for a term not exceeding 15 days, or by both such
fine and imprisonment.