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New Jersey Fire Pit Laws: Codes, Permits and Clearances

Last verified . New Jersey's fire code applies to rented homes but not to owner-occupied one- and two-family homes, so what applies depends on the home and on your town. The two examples below show how two towns handle it.

At a Glance

New Jersey fire pit rules at a glance, each with its source and the date we checked it.

Statewide Rules

New Jersey has a statewide fire code, the Uniform Fire Code, and its fire prevention part is the 2018 International Fire Code (IFC), New Jersey Edition. That code sets 25 ft for a recreational fire and 15 ft for a fire in an approved container. It also excludes owner-occupied one- and two-family dwellings used only as homes, though a rented house is inside it. So if you own and live in your home, the distance comes from a town ordinance, and towns differ: 15 ft in Roselle Park, 10 ft in Woodbridge. State forest fire rules apply to any fire in or next to a forest.

The Adopted Code

The Commissioner adopts the International Code Council model code "known as the '2018 International Fire Code'" as the State Fire Prevention Code, subject to New Jersey's modifications at N.J.A.C. 5:70-3.2. Violations were cited under the 2015 edition until October 15, 2024, and under the 2018 edition from that date.
New Jersey, N.J.A.C. 5:70-3.1(a) and (e) (Department of Community Affairs; amended by 56 N.J.R. 553(b), effective April 15, 2024). Checked .

The International Code Council's 2018 International Fire Code, New Jersey Edition lists the same effective date, October 15, 2024. The Division of Fire Safety's codes and regulations page listed no proposal to adopt a newer IFC edition on the day this page was checked.

Who the Fire Code Covers

The code applies to "All buildings, structures, and premises within this State, with the exception of owner-occupied one- and two-family dwellings used exclusively for dwelling purposes." A separate line adds: "This code shall apply to any outdoor activities, uses or operations for which requirements are established by this code."
New Jersey, 2018 International Fire Code, New Jersey Edition, §102.1.1 and §102.1.4 (modified at N.J.A.C. 5:70-3.2). Checked .

The two lines pull in different directions for a backyard fire at an owner-occupied house, and the code does not say which governs. Towns read the first one plainly when they set up enforcement: the fire prevention bureaus in Roselle Park and Woodbridge enforce the Uniform Fire Code everywhere except owner-occupied one- and two-family dwellings (see below), and both towns have fire pit ordinances that cover those homes. A rented house, an apartment building, and any other premises are inside the code. Ask your local fire official how it applies at your address.

Section 307 as New Jersey Adopted It

New Jersey rewrites the permit sections of Section 307 and adds a container distance to the recreational fire rule.

"Open burning shall be allowed without prior notification to the fire official for recreational fires, highway safety flares, smudge pots and similar occupational needs." A bonfire needs a permit from the fire official, requested by the owner or agent of the land.
New Jersey, 2018 International Fire Code, New Jersey Edition, §307.2 and §307.2.1 (modified at N.J.A.C. 5:70-3.2). Checked .
Recreational fires may not be conducted within 25 ft of a structure or combustible material. New Jersey adds: "Fires in approved containers shall be permitted, provided that such fires are not less than 15 feet (4572 mm) from any structure." Portable outdoor fireplaces keep the model code's 15 ft, except at one- and two-family dwellings, and every fire must be attended with a 4-A extinguisher or other approved equipment, such as a garden hose, at hand.
New Jersey, 2018 International Fire Code, New Jersey Edition, §307.4.2, §307.4.3 and §307.5 (modified at N.J.A.C. 5:70-3.2). Checked .

The code defines a recreational fire as one of 3 ft or less across and 2 ft or less high, burning materials other than rubbish and not contained in an outdoor fireplace, portable outdoor fireplace or barbecue. It defines a portable outdoor fireplace as solid-fuel-burning. Neither definition mentions gas, and no section of Chapter 3 that we read names a gas fire feature, so ask your fire official how the code treats one. The 25 ft runs to a structure or combustible material; New Jersey's 15 ft for an approved container runs to a structure. None of these distances runs to a property line.

New Jersey also rewrites the section on cooking devices and outdoor fireplaces.

Charcoal burners, other open-flame cooking devices and outdoor fireplaces may not be operated or stored on combustible balconies or decks, within 5 ft of combustible construction or of a wall opening, or under a building overhang. The exceptions are "Detached one- and two-family dwellings" and buildings, balconies and decks protected by an automatic sprinkler system.
New Jersey, 2018 International Fire Code, New Jersey Edition, §308.1.4 (modified at N.J.A.C. 5:70-3.2). Checked .

Forest Fire Rules and Restrictions

The New Jersey Forest Fire Service, part of the Department of Environmental Protection (NJDEP), controls fires in and near forests under the General Forest Fire Act, and the fire code points to it.

In districts with appointed Forest Fire Wardens, "any fire within, or adjacent to, any forest which has the potential to cause a wildfire is prohibited" without first obtaining a permit from the State Forest Fire Service.
New Jersey, 2018 International Fire Code, New Jersey Edition, §307.1.1, Exception (modified at N.J.A.C. 5:70-3.2). Checked .
The General Forest Fire Act requires that "before having any fire within a forested area, you must contact the nearest Forest Fire Service office to request a permit." Restrictions may take effect without notice, and at Stage 3, "all fires in wooded areas will be prohibited unless using electricity or a liquid or gas fuel."
New Jersey Department of Environmental Protection, Forest Fire Service, Recreational Fire Permits (N.J.S.A. 13:9). Checked .

The page lists a Regular permit for residential use of up to 30 days, issued free of charge and requested at least 10 days ahead. At Stage 1, fires directly on the ground in wooded areas are prohibited. At Stage 2, fires in wooded areas must be in a raised prepared fireplace, a raised charcoal grill, or a stove using electricity or a liquid or gas fuel. The stages are written for wooded areas, and they name gas only as a fuel, not a gas fire pit. NJDEP posts the current stage on its conditions and restrictions dashboard, so look there or call your Forest Fire Service office before you light anything.

Air Rules

Open burning means "any fire from which the products of combustion are emitted directly into the open air," not directed through a stack or chimney. No person may dispose of rubbish, garbage, trade waste, fallen leaves or any type of plant by open burning.
New Jersey, N.J.A.C. 7:27-2.1 and 7:27-2.3 (Department of Environmental Protection, Control and Prohibition of Open Burning). Checked .

The rule is about disposal. No section of the open burning subchapter names recreational fires or gas appliances. Both town ordinances below allow only firewood in a backyard fire and bar burning leaves and yard waste.

Gas Piping and LP-Gas

New Jersey's construction code, the Uniform Construction Code (UCC), moved to the 2024 International Codes on August 17, 2026.

The Commissioner adopts the code "known as the International Fuel Gas Code/2024" as the fuel gas subcode, and the "IRC/2024" as the one- and two-family dwelling subcode, each subject to New Jersey's modifications.
New Jersey, N.J.A.C. 5:23-3.22(a)1 and 5:23-3.21(a)1 (Department of Community Affairs; proposed at 57 N.J.R. 2354(a), adopted as R.2026 d.086, effective August 17, 2026). Checked .

The adoption notice lists both sections among those adopted, with an effective date of August 17, 2026. For six months after a subcode revision takes effect, an applicant may still submit a complete permit application under the code that came before it (N.J.A.C. 5:23-1.6), so a permit filed in that window can be reviewed under the 2021 editions.

Permanently fixed-in-place outdoor decorative appliances shall be listed in accordance with ANSI Z21.97 and shall be installed in accordance with the manufacturer's instructions.
New Jersey, one- and two-family dwelling subcode, 2024 International Residential Code §G2453.1 (adopted at N.J.A.C. 5:23-3.21). Checked .

New Jersey's amendments to the residential code's fuel gas chapter, both before the 2024 update and as adopted with it, do not touch G2453. They do bar LP-gas containers on roofs.

Ordinary maintenance, which needs no permit, does not include the "Addition to, or alteration, replacement or relocation of" gas and similar piping. Installing or altering equipment the code regulates is unlawful without first applying to the construction official and obtaining the permit.
New Jersey, N.J.A.C. 5:23-2.7(b)6ii and 5:23-2.14(a) (Uniform Construction Code, permits). Checked .

Two licensing boards cover the people who do the work.

HVACR work includes "the provision of propane services" and "Natural or manufactured gas piping on the load side of a meter." Under the plumbers' rule, a licensed master plumber may also do "The installation, maintenance and repair of natural or manufactured gas piping" without an HVACR license.
New Jersey, N.J.A.C. 13:32A-1.2 (State Board of Examiners of Heating, Ventilating, Air Conditioning and Refrigeration Contractors) and N.J.A.C. 13:32-1.4(j)4 (State Board of Master Plumbers). Checked .

The plumbers' rule also counts propane services as plumbing, limited to master plumbers and those working under them (N.J.A.C. 13:32-1.4(c)11), so both boards' rules reach propane work. Both rules exempt a single-family homeowner working on their own dwelling from licensing, not from the construction permit. For a gas line to a fire feature, hire a licensed master plumber or master HVACR contractor and let them pull the permit.

The fire code's LP-gas chapter follows NFPA 58, and New Jersey adds a duty for the fill or distribution plant operator before filling a 4 to 40 pound cylinder, forklift cylinders aside: a label on the collar, in English and Spanish, warning never to use or store it indoors (N.J.A.C. 5:70-3.2, Section 6106.4). No New Jersey rule written for a homeowner's propane fire pit cylinder turned up, so ask your propane supplier how NFPA 58 applies to yours.

City and County Examples

Township of Woodbridge

Woodbridge, in Middlesex County, enforces the state code through the fire prevention bureaus of its fire districts.

The Uniform Fire Safety Act and the Uniform Fire Code (N.J.A.C. 5:70-1 et seq.) are "hereby acknowledged as the Fire Prevention Code of the Township of Woodbridge," subject to any supplements or modifications the law permits.
Township of Woodbridge, Code §24-1.1(a). Checked .

Those bureaus enforce the code everywhere except owner-occupied one- and two-family dwellings (§24-1.5). Woodbridge's open burning ordinance covers those homes, and it sets a shorter distance than the state code's.

"Open burning in approved containers shall be allowed without a permit at single-family homes, duplexes, townhomes." Fires are limited to 3 ft across and 2 ft high in a noncombustible chiminea, outdoor fireplace or fire pit, and "Fires must be kept at least ten (10) feet from any structure or combustible exterior wall."
Township of Woodbridge, Code §24-2.2 and §24-2.3 (Ord. #08-70). Checked .

The ordinance also requires wire mesh over every opening of the container, constant attendance, no fires on a porch, deck or balcony or under an overhang, firewood only, and every fire out by 1:00 a.m. It defines open burning as wood or other combustible material burned for entertainment and does not mention gas. Its 10 ft is shorter than the state code's 15 ft for an approved container. Where the state code applies, such as a rented house, the Uniform Fire Code says the higher standard prevails when it conflicts with a local ordinance (N.J.A.C. 5:70-1.4(c)), so plan on 15 ft there; a container 15 ft away meets both distances. The eCode360 copy includes legislation through August 4, 2026. Ask your fire district's Bureau of Fire Prevention which rule it applies at your address.

Borough of Roselle Park

Roselle Park, in Union County, shows how the owner-occupied exclusion plays out locally.

The New Jersey Uniform Fire Code "shall be locally enforced in the Borough of Roselle Park." The Bureau of Fire Prevention enforces it in all buildings, structures and premises "other than one- and two-unit owner-occupied dwellings used exclusively for dwelling purposes," and those owned or operated by the federal government, interstate agencies or the State.
Borough of Roselle Park, Code §22-1.1 and §22-1.3(a). Checked .

In August 2026 the borough adopted a recreational fire ordinance that reaches those homes.

Recreational fires in approved containers are allowed without a permit "at one- and two-family owner-occupied dwellings, duplexes, and townhomes," and need a Fire Official permit anywhere else. "Fires shall be located in the rear yard and maintained a minimum distance of fifteen (15) feet from any structure, combustible material, or combustible exterior wall."
Borough of Roselle Park, Ordinance No. 2866, §22-4.2 (adopted August 20, 2026). Checked .

The ordinance limits a fire to 3 ft across and 2 ft high in a noncombustible container with screened openings, requires constant attendance and a 4-A extinguisher or other approved equipment at hand, bars fires on a porch, deck or balcony or under an overhang, allows only approved firewood, and requires every fire out by midnight. The Fire Official must post a list of approved containers on the borough's website. The ordinance defines a recreational fire as one burning seasoned firewood and does not mention gas, so ask the Fire Official before you light a gas fire pit. It takes effect on publication of the notice of final adoption, which the notice dates August 24, 2026. The borough's eCode360 copy includes legislation only through December 18, 2025, so it does not yet show the new section; read the adopted ordinance.

Getting a Permit

What is required varies by town and fire district, and the local fire official decides. This is what the sources above support.

  • Wood fire in an approved container at your home. No permit in Woodbridge at a single-family home, duplex or townhome, or in Roselle Park at an owner-occupied one- or two-family home, duplex or townhome, when the fire meets each ordinance's size, spacing and screening rules. Where the state code applies, a recreational fire needs no notice to the fire official (307.2).
  • Bonfire. A permit from the fire official, applied for in writing at least 10 days ahead, where the state code applies (307.2.1 and 307.2.1.1). In Roselle Park, a fire outside the ordinance's allowance needs a Fire Official permit.
  • Fire in or near a forest. A permit from the NJDEP Forest Fire Service, requested at least 10 days ahead. Check the restriction stage before you light.
  • Gas line to a fire feature. A construction permit from your town's construction official, because gas piping work is not ordinary maintenance (N.J.A.C. 5:23-2.7). Hire a licensed master plumber or master HVACR contractor.
  • Propane fire feature. Propane services fall under the HVACR and plumbing licenses (N.J.A.C. 13:32A-1.2, 13:32-1.4). Ask your propane supplier about the cylinder.

What This Means for Your Build

Wood. Plan on a screened, noncombustible container at least 15 ft from any structure and combustible material, in the rear yard. That meets Roselle Park's 15 ft and rear yard rule, Woodbridge's 10 ft, and the state code's 15 ft for an approved container. An open fire outside a container needs 25 ft wherever the state code applies. These distances run to the structure, not your property line. Keep it off decks and porches, burn only firewood, and if your yard borders woods, get a Forest Fire Service permit and check the restriction stage first.

Gas. No New Jersey rule on this page names a gas fire pit. The state fire code's fire definitions do not mention gas, and neither town ordinance here mentions it, so ask your fire official how a gas unit is treated at your address. A permanently fixed outdoor gas appliance at a one- or two-family home must be listed to ANSI Z21.97 and installed to the manufacturer's instructions under the 2024 residential code, and your unit's manual sets its clearances. During Forest Fire Service restrictions, Stage 3 still allows fires in wooded areas that use a liquid or gas fuel, but the wording does not name gas fire pits, so ask before you light. Run your feature type and fuel through the clearance checker for the published manufacturer minimums, then read your own manual, which controls. Use the gas line sizing calculator to see whether your existing line can feed the burner before you call anyone.

Propane. The propane tank runtime calculator shows how many hours a tank gives you at your burner's output. Propane work and gas piping go to a licensed master plumber or master HVACR contractor, under a construction permit.

This page covers Woodbridge and Roselle Park. Your town, fire district and the Forest Fire Service can each add rules to what is here, and your local fire official's reading governs.

Frequently Asked Questions

Does the New Jersey fire code apply to my house?

Not if you own it, live in it, and it is a one- or two-family dwelling used only as a home. The state fire code's applicability section excludes those dwellings (2018 International Fire Code, New Jersey Edition, section 102.1.1). Another line in the same section applies the code to outdoor activities it regulates, so ask your local fire official how it reads them. Rented homes are not in that exclusion.

How far does a fire pit have to be from my house in New Jersey?

For an owner-occupied one- or two-family home, the state fire code's exclusion points you to your town's ordinance. Roselle Park requires 15 ft from any structure or combustible material, and Woodbridge requires 10 ft from any structure or combustible exterior wall. Where the state fire code applies, such as a rented house, a recreational fire needs 25 ft and a fire in an approved container needs 15 ft. A container 15 ft from any structure or combustible material meets all three distances.

Do I need a permit for a backyard fire pit in New Jersey?

Usually not for a small fire in an approved container. Woodbridge allows one without a permit at single-family homes, duplexes and townhomes, and Roselle Park at owner-occupied one- and two-family homes, duplexes and townhomes. Where the state fire code applies, a recreational fire needs no notice to the fire official, while a bonfire needs a permit. Any fire in a forested area needs a permit from the NJDEP Forest Fire Service.

Can I use a propane fire pit during New Jersey fire restrictions?

It depends on the stage and where you are. The Forest Fire Service's restrictions apply to wooded areas. At Stage 2, fires there must be in a raised prepared fireplace, a raised charcoal grill, or a stove using electricity or a liquid or gas fuel. At Stage 3, only fires using electricity or a liquid or gas fuel are allowed. The stages do not name gas fire pits, so check the NJDEP conditions and restrictions dashboard or call your Forest Fire Service office.

Who can install a gas line to a fire pit in New Jersey?

New Jersey's licensing rules place natural gas piping on the load side of a meter, and propane services, within the work of a master HVACR contractor, and allow a licensed master plumber to do the same piping work. Adding or altering gas piping is not ordinary maintenance under the construction code, so it needs a construction permit. Hire a licensed master plumber or master HVACR contractor.

This page is reference, not a permit. Your local authority having jurisdiction makes the final call, and their interpretation governs. Confirm before you build or buy.

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