Are Fire Pits Legal in Ontario?

Embracing outdoor living spaces has become increasingly popular in Ontario, with fire pits topping the list of desired features. But before you start gathering materials for your DIY fire pit or contact a professional for installation, it's crucial to understand the legal aspects. So, are fire pits legal in Ontario, and if so, what regulations do you need to know?

Ontario's Fire Code governs the use of open fires and fire pits, so it's essential to familiarize yourself with these regulations to ensure safety and compliance. Let's explore the legalities and guidelines surrounding fire pits in Ontario.

Understanding Ontario's Fire Code

The Fire Code, enforced by the Office of the Fire Marshal and Emergency Management (OFMEM), sets standards and regulations for fire safety. It covers a broad range of topics, including open-air burning and, consequently, fire pits. To determine the legality of fire pits, we must examine the relevant sections of the Fire Code.

Before we dive into the specifics, it's crucial to understand that the Fire Code doesn't outright prohibit fire pits. Instead, it establishes safety guidelines that must be followed to ensure the safe and responsible use of fire pits in Ontario.

Residential Open-air Burning Exceptions

The Fire Code permits recreational fires in designated areas, provided they comply with certain conditions. These exceptions are outlined under Regulation 389 of the Fire Protection and Prevention Act, 1997, and include the following:

• Recreational fires using any of the following fuels are allowed: wood, charcoal, or wood pellets.
• The fire must be smaller than 0.6 meters (2 feet) in diameter or height.
• The fire must not create a nuisance, such as releasing excessive smoke or causing aisance to nearby properties.
• The fire must be constantly attended by a responsible person of at least 18 years of age.
• An approved fire extinguisher, water supply, or sand must be available for immediate use to control the fire.
• The fire must be extinguished if the fire department or a municipality official requests it.

Burning Prohibited Materials

Ontario's Fire Code explicitly prohibits burning certain materials, including but not limited to:

• Household garbage and refuse
• Tires, plastics, rubber, or foams
• Hazardous or toxic substances

Never use these materials in your fire pit, even if the fire code permits the use of wood or charcoal.

Local Municipality Regulations

Although the Fire Code is uniform across Ontario, local municipalities may have additional restrictions or bylaws regarding fire pits. For example, a municipality might limit the size, location, or hours of operation for recreational fires. Therefore, it's essential to verify local regulations and obtain any necessary permits before installing or using a fire pit.

Contact your local municipality office or visit their website to learn about any additional rules related to fire pits in your area. Some key aspects to investigate include zoning bylaws, setbacks from property lines and structures, and any seasonal burning restrictions.

Temporary Permits for Special Events

In some cases, local municipalities may issue temporary burning permits for special events such as weddings, festivals, or fireworks displays. These permits allow for larger, controlled fires under specific conditions. If you plan to host an event involving an open fire, be sure to apply for a permit well in advance and follow all guidelines provided by your municipality.

Potential Risks and Safety Tips

Even when used responsibly, fire pits carry inherent risks. To minimize these risks and ensure the safety of your family and property, follow these essential safety tips:

• Never leave a lit fire unattended.
• Keep the fire at a safe distance from structures, trees, and other combustible materials.
• Have an approved fire extinguisher, water supply, or sand nearby to control the fire if necessary.
• Regularly inspect your fire pit for damage or wear, and maintain it in good condition.
• Only burn clean, dry, untreated wood, and avoid burning large pieces that might cause sparks or embers to escape.

Embracing outdoor living and creating a cozy gathering space with a fire pit can significantly enhance your Ontario home's appeal and functionality. By understanding and adhering to the Fire Code and local municipality regulations, you can safely and responsibly enjoy your fire pit while mitigating potential risks.