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Fire code

Recreational fires and outdoor fireplaces

Any fire larger than the dimensions for a recreational fire is considered “open burning” and regulated by the Minnesota Department of Natural Resources (DNR). For further information on the requirements for open burning or for permits please call the DNR at 651- 296-6157 or email them

Definitions

Recreational fire

An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, barbeque grill or barbeque pit and has a total fuel area of 3 feet or less in diameter and 2 feet or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes.

Portable outdoor fireplace

A portable, outdoor, solid-fuel-burning fireplace that may be constructed of steel, concrete, clay or other noncombustible material. A portable outdoor fireplace may be open in design or may be equipped with a small hearth opening and a short chimney or chimney opening in the top.

Recreational fires

The Minnesota State Fire Code (MSFC) establishes the minimum requirements for recreational fires that are applicable throughout the state of Minnesota. The following information applies even if a local jurisdiction does not have an ordinance regulating recreational fires.

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  1. Recreational fires must be at least 25 feet from all buildings or combustible materials. Combustible materials are things such as wood, paper and plastics.
  2. Conditions that could cause a fire to spread within 25 feet of a structure need to be moved before you start the fire.
  3. Recreational fires must be 10 feet from LP-gas containers that are filled on site by the LP-gas company.
  4. Someone must be near the fire until it is put out. 
  5. A minimum of one portable fire extinguisher complying with the state fire code with a minimum 4-A rating or other approved on-site fire extinguishing equipment must be around at all times until the fire is put out. Examples of other approved fire extinguishing equipment would be a charged garden hose, dirt or sand.
  6. The only materials permitted in a recreational fire are wood from trees, small branches, brush or charcoal. Treated lumber, construction debris, garbage, plastic materials, or waste materials are not allowed to be burned in recreational fires.
  7. Recreational fires must be put out right away if they pose a fire safety risk, if they are not in compliance with the above, or when directed to do so by the fire code official.

The fire code does not contain any regulations for immediate extinguishment if the smoke from a recreational fire is a nuisance to an adjoining property. However, many cities have language within their ordinance that requires the fire to be extinguished if someone complains about the smoke. Furthermore, some local ordinances have limitations on recreational fires when wind speeds exceed a specified amount (10 mph, 15 mph, etc.). For more information please consult with your local city or fire official.

Portable outdoor fireplaces

Portable outdoor fireplaces shall be used in accordance with the manufacturer’s instructions and shall not be operated within 15 feet of a structure or combustible material. They shall also comply with items three through seven for recreational fires above.

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Local ordinances

Many cities choose to adopt ordinances that are more stringent than the information listed above. 

For this reason, it is important to check with your city before you have a recreational fire or purchase a portable outdoor fireplace since they may have an ordinance that goes above and beyond the requirements of the MSFC. 

Compliance with the above information may not mean you are in compliance with all local regulations.

Questions?

You can email us with your Minnesota State Fire Code questions. Code staff monitor this email address ​regularly and will respond to your question. During busier times, it may take up to a week before we are able to respond. If you don't hear back from us after one week, please let us know. Thanks for your patience.