Open Burning Regulations

Open Burning - Batavia City Code

Title 9, Chapter 11, Section 2

Last updated: 6-18-2012 Ordinance 12-20

307.1 General

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 section. Fires started and attended by the Fire Department personnel are allowed. No fire shall be allowed to exceed 3 feet diameter by 2 feet high, except with a permit in accordance with Section F-307.2. The burning in open fires of any combustible materials included, but not limited to, automotive equipment or parts, construction materials, debris, garbage, leaves, brush, landscape waste, industrial wastes, oil, paints, paper, petroleum products, plastic, rags, refuse, lumber, wood or wood products other than seasoned firewood or charcoal within the City shall be prohibited.

307.1.1 Hazardous and Objectionable Fires Prohibited

No hazardous or objectionable open burning shall be permitted. In making the determination as to whether a fire is hazardous or objectionable, Police or Fire personnel or Code Compliance Officers shall make reasonable determination considering such factors as safety, the presence of a responsible person monitoring the fire, type of materials being burned, the emission of dense smoke or objectionable odor, and wind/weather conditions that may impact other persons or the safety of the fire.

307.2. Permit Required

A permit shall be obtained from the fire code official in accordance with Section 105.6 of the 2006 International Fire Code prior to kindling a fire for recognized agricultural or range or wildlife management practices, prevention or control of disease or pests, or a bonfire. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled.

307.2.1 Authorization

Where required by state or local law or regulations, open burning shall only be permitted with prior approval from the state or local air and water quality management authority, provided that all conditions specified in the authorization are followed.

307.3 Extinguishment Authority

The fire code official is authorized to order the extinguishment by the permit holder, another person responsible or the fire department of open burning that creates or adds to a hazardous or objectionable situation.

307.4. Location

The location for open burning shall not be less than 50 feet from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet of any structure.


Where the fire size is 3 feet or less in diameter and 2 feet or less in height, the minimum distance from any structure on or off the property shall be 15 feet; the minimum distance from an existing residential structure on another property shall be 25 feet.

Charcoal burning appliances shall not be used on a combustible surface and shall be a minimum of 5 feet from a structure unless manufacturer's specifications outlining a lesser restriction can be presented.

Gas burning appliances shall meet the manufacturer's specifications. In the absence of those specifications, gas burning appliances shall be a minimum of 5 feet from a structure.

307.5 Attendance

Open burning, bonfires or recreational fires shall be constantly attended by a responsible adult over the age of 18 until the fire is extinguished. A minimum of 1 portable fire extinguisher complying with Section 906 with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate use.

If you have any questions related to open burning, please call the Fire Department at 630-454-2100.