Open Burning

The Use of Fire Pits, Fire Bowls, Chimineas and other similar appliances has become popular in our community. The Department of Permitting Services would like to share with you the criteria for their use.

• You must have permission from the land owner.
• There must be one person at least 18 years of age to assume responsibility for the use of these appliances.
• Use in accordance to the manufacturer’s guidelines. Once you purchase this appliance, keep these guidelines in a safe place for future reference.
• We strongly recommend keeping Fire Pits, Fire Bowls, Chimineas and similar devices at least 10 feet away from your home. Keep a clear area of at least 3 feet in diameter around the appliance. Please remember that mulch can burn so keep your appliance at least 3 feet away from mulch as well.
• We strongly recommend you not use Fire Pits, Fire Bowls, Chimineas on a balcony or deck.
• Burn only aged dried wood. The burning of any type of construction material, brush or other trash is prohibited.
• Do not use any type of flammable or combustible liquid at any time.
• Have a garden hose connected to a constant water source available and close by.
• Smoke should not cross property lines into your neighbor's home. Be mindful of the wind speed prior to starting a fire.
• Do not use on Code Orange or Code Red Air Quality days.
• Dispose of all ashes in a safe manner. After 24 hours has passed, all left over hot ashes must be thoroughly dampened, cooled and stored in a metal can that is used solely for ash storage. Ashes that are 2 or 3 days old may appear to be safe, but can still retain enough heat to cause an unwanted fire. Do not discard hot ashes in a compost pile, paper bag cardboard box or anything that is combustible. Also, be careful in handling partially burned wood. The wood may still be smoldering and cause a serious burn.

Please keep in mind, that if the Fire Department is contacted and determines your situation to be a fire hazard, the Fire Department can and will extinguish your fire.
If additional questions arise, please call the Office of Fire Code Compliance at 240-777-0311.

The Department of Permitting Services, Division of Fire Prevention and Code Compliance, would like to share with you the criteria for cooking outdoors and recreational fires near multi-family dwellings to ensure a safe and enjoyable outing. “Multi-family” is any building that has three or more separate living units. This includes garden-style apartments, mid and high-rise apartments, and some condos. Some apartment buildings have amenity areas with grilling or fire features on their rooftop; this is only permitted with written approval from the Department of Permitting Services.

Fire Attendant

All outdoor cooking or recreational fires must be constantly attended by a responsible person at least 18 years of age until the fire is extinguished. A garden hose or other extinguishing equipment has to be nearby and readily available for use. A clear space free of ignitable materials not less than ten (10) feet in diameter shall be maintained around the fire. Grills or recreational fires cannot be used to burn trash or other combustible waste. If the fire department is contacted and determines your situation to be hazardous, the fire department will extinguish your fire.

Recreational Fires

Recreational fires include campfires, fire bowls, chimineas, and in-ground fire pits. Recreational fires must be kept at least 25 feet away from any building. Any fire that is part of a special event such as a large gathering of people or is larger than three (3) feet across may require permits from the Division of Fire Prevention and Code Compliance and the Department of Environmental Protection. Fires are not permitted on Code Orange or Code Red Air Quality days. For Special Event permits, apply on the DPS website at least 30 business days prior to the event.

Outdoor Cooking

Outdoor cooking includes any gas-fired, charcoal, or electric grill. All outdoor cooking must be done at least 20 feet away from any building. It is not permitted on balconies, under overhanging portions of buildings, or on roofs. Gas-fired, charcoal, and electric grills cannot be stored on balconies. After the fire: Dispose of all ashes in a safe manner. After 24 hours have passed, all left over hot ashes should be thoroughly dampened, cooled and stored in a metal can that is solely used for ash storage. Do not discard hot ashes in a compost pile, paper bag, cardboard box, or anything that is combustible. Be careful handling partially burned wood that may still be smoldering as it can cause serious burns.

These requirements are based on  Montgomery County Code, Chapter 3, and the  Code of Maryland Regulations, 26.11.07.

What is Open Burning?

• Open burning is defined as a fire where any material is burned on the ground or in an open receptacle. Open burning is prohibited in Montgomery County without a permit and fines of $500 per day may be imposed for non-permitted open burning.
• Exceptions to the prohibition on open burning are fires for cooking of food, on other than commercial premises, and open fires for recreational purposes such as campfires or bonfires.

What can you burn in a recreational fire?

• Only dry, aged wood and brush may be burned in a recreational fire. It is prohibited to burn ordinary household waste, construction debris, lumber, leaves, and materials which produce dense smoke when burned, including, but not limited to tires and roofing materials.

What conditions must be met for recreational fires on the ground?

1. Recreational fires must not be larger than 3 feet in diameter or create a nuisance condition or produce dense smoke (visible emissions that exceed 20% opacity for a total of more than 3 minutes in any 60 minute period). In order to prevent nuisance conditions, the Department recommends:
   • fires not be located closer than 300 feet from any neighboring habitable dwelling
   • the ground around the material to be burned be cleared to prevent fires from spreading
   • the fire not be located near tall grass or tree lines
   • fire extinguishing equipment, including sufficient water, be readily available on the site
   • a fire supervisor, 18 years of age or older, be within direct view of the fire at all times
2. You may not burn if winds are forecasted to be greater than 12 mph for your ZIP Code area as reported by the NOAA National Weather Service Forecast, or if there is an air pollution episode (code orange or red air quality days).
3. Prior to ignition of the fire, you must notify the Department of Fire and Rescue Services at their non-emergency number, 240-683-6520, of your intent to burn.

Conditions that must be met for recreational fires in an open receptacle (Fire Pit, Fire Bowl, Chiminea, etc.) are listed on the back page of this document.

What should I do if I do not meet the requirements to have a recreational fire?

1. Compost your leaves and yard trimmings.
2. Haul the materials to the County’s Solid Waste Transfer Station or Poolesville “Beauty Spot.”
3. Use the County-wide recycling for curbside collection of brush and organic yard debris.
4. Call 311 for information on options to dispose of natural wood waste, brush, leaves and organic yard debris.