Residential Use of Incendiary Devices
When it comes to outdoor fire pits, outdoor fireplaces oil lamps, torches and chimineas these devices that have gained in popularity over the past several years, and they come in many shapes and sizes. These devices are not specifically regulated under MA General Law Chapter 148, MA Comp Fire Code 527 CMR 1.00 or the Air Pollution Prevention Regulations 310 CMR 7.00. Typically these devices are to be fueled by clean firewood and prohibit the burning of trash, refuse or other similar material in such devices. As with wood boilers, 310 CMR 7.09 prohibits any burning which creates a nuisance or a condition of air pollution (i.e., excessive smoke) or hazard to others, and the fire department does have authority to enforce this prohibition pursuant to 310 CMR 7.09. Additionally, Massachusetts General Law Chapter 148 § 5 allows the head of the fire department to order that conditions likely to cause fire be remedied. This could be applicable when these devices are located on decks, or porches or located close to buildings. There is also many specific things when it comes to the code pertaining to outdoor fires.
So what does this all mean to you. The Hull Fire Department does not issue permits for fire pits or other items that are mentioned above. When it comes to a call for the fire department concerning the use of one of these devices these type of calls are based on a call for call bases. If you use your outdoor fire pit and your neighbor calls the fire department, the FD will respond. At this point the officer will make a determination whether or not the complaint is valid or not and will base his decision to let you continue to burn or whether it needs to be extinguished. There may be times that it is ok and there may be times that it is not ok. However please be aware that if your neighbor calls over and over again it becomes a nuisance call and we will tell you to shut it down for good.