Open Burn Policy

Open Burning is defined as any burning that takes place in an unenclosed space. Examples include burning of leaves or grass clippings, ground cover or any construction debris.

Please feel free to contact the Hamilton Fire Department with any concerns regarding this policy. It is our intention to make sure all citizens are treated fairly. 

Patio Fireplace
A recent innovation that is sometimes treated as Open Burning is the patio fireplace. These devices function the same as a masonry or factory built fireplace except that they are portable, outdoor, solid fuel burning patio fireplaces designed to provide ambiance and warmth in outdoor settings. They come in many styles and are typically constructed of steel with heavy duty screening around the firebox. Some are made of concrete or clay with a small hearth opening and are equipped with a short chimney.

These devices do not constitute the type of burning intended to be regulated by Section 307 of the Fire Code. Examples of Section 307 Open Burning include disposal of brush, construction rubbish, or household waste by burning.

If using a portable fireplace, clean and seasoned, Class A materials must be used. They do apply to the regulations of offensive or objectionable smoke or odor emissions and may be ordered to be extinguished. If there is a complaint from a neighbor, the fire may still be ordered to be put out.

Recreational Fires
Recreational fires must be at least 15 feet from a structure and must be below 3 feet in diameter and 2 feet in height and all combustibles surrounding the fire must be cleared. The fire shall be attended at all times until the fire is extinguished. A method to extinguish the fire must be readily available. Bonfires are allowed only after a permit from the Hamilton Fire Department is given.