NYS DEC Regulations Relative to Fire and Firewood

Department of Environmental Conservation (DEC) definitions relative to fire and firewood.

An Open Fire is any outdoor fire or outdoor smoke producing process from which air contaminants are emitted directly into the outdoor atmosphere. Open fires include burning in barrels or modifications thereof. Open fires do not include burning in outdoor furnaces or boilers that are used to heat buildings when the devices are actually used for such purpose.

A Camp Fire is any outdoor open fire less than three feet in height, length and width or diameter.

NYSDEC regulation §190.1 regarding fire
a. No fires are permitted except for cooking, warmth or smudge. No fire shall be lit until all flammable material has been removed from its perimeter as is necessary to prevent its spread. No fires shall be left unattended until extinguished.

b. No person shall deposit lighted matches, cigars, cigarettes or other burning tobacco where they will cause fire.

c. No wood, except from dead and down trees or from supplies furnished by the department, shall be used for fuel.

§192.5 Firewood Restrictions to Protect Forests from Invasive Species
– An emergency regulation in effect for 90 days June 3 – August 31, 2008.

The purpose of this emergency rule is to ban hauling, importing or selling untreated firewood in NY in an effort to stop the spread of tree-killing insects. DEC prohibits importing out-of-state firewood unless treated to eliminate invasive insect species, fungi and pathogens. Transporting any untreated firewood within the state is limited to less than 50 miles. The DEC plans to develop permanent regulations after public comment.  You can read the frequently asked questions at  http://www.dec.ny.gov/animals/44008.html


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