PHELPS Fire Department

proudly serving the Town of Phelps, New York

The Town of Phelps, Ontario County, NY follows the Fire Code of New York State for open burning. (see below)

The Village of Phelps, NY also follows the NY State Fire Code, and also states the following: Outdoor fires are prohibited by the Village Code except a barbecue fire or a fire for cooking of food and only then if in a fireplace or other fireproof container or barbecue pit and shall not be located near or adjacent to any flammable material or structure so as to cause a fire hazard.


Fire Code of New York State 
Chapter 3 - Section 307 – Open Burning and Recreational Fires

- Open burning that is offensive or objectionable because of smoke or odor emissions or where atmospheric conditions or local circumstances make such fires hazardous shall be prohibited.

- Open burning must be 25 feet from structures and any combustible material. Fires not exceed 2’ in height and 3’ in width. (see picture)

- Fires in approved containers must be 15 feet from structures. An approved container is considered a device sold and listed to conduct burning in, or approved by the Code Enforcement Official.

Additional Note: Approved containers are what you see sold in the "big box" stores or local hardware stores.

- Open burning, bonfires, or recreational fires must be in constant attendance until the fire is extinguished.

- A means of extinguishment must always be available.

The NYS DEC Regulations also apply (Part 215)
Fires cannot be left unattended and must be fully extinguished.

Only charcoal or clean, untreated or unpainted wood can be burned. 
No leaves, cardboard, etc. Pressure-treated lumber and plywood is prohibited.

​​​Outdoor Fires: What You Need to Know