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As warmer weather and outdoor activities begin to ramp-up, so does the activity around outdoor use of open burning or “recreational fire”.

  1. Incinerator Can – These are not allowed within the Town of Irondequoit as they are not for preparing food for humans, nor are they for recreational use.  Be advised they are being sold on line and you may see them.  (Unlawful use per Town Code)
  2. Recreational Fires – These type of fires are a PRIVILEDGE and not a right, which maybe conducted within the guidelines of various Codes.  Following the guidelines does not automatically make the “fire” legal or not a nuisance.  Also fully and properly extinguishing the fire is very important (method added to guidelines just after FIRE MUST BE EXTINGUISHED BEFORE ABANDONING) 
  3. Sparkling Devices – Sometimes called fireworks, these devices have very different regulations and requirements than true fireworks.  They are consumer products and do not require a Pyrotechnic License.  They are only available for sale during certain times of the year; however this legislation lacks explaining when they can be used or how they are to be stored by the consumer (theoretically one could make multiple purchases during the sales period and use them every night of the year).  Sales of these devices are permitted through the New York State, Office of Fire Prevention and Control (OFPC).  If you find them in area stores please let us know so we can insure they have proper permits from OFPC and are being displayed properly (not in a path of egress travel , in sprinklered buildings, etc.).  We (local municipality) do have the authority to issue a tent permit where they are being sold in temporary tent settings.  Again please let us know if you find tents selling “Sparkling Devices”; we will notify you anytime we receive a tent application and issue a permit for these sales (we want to make sure tents are properly located, protected, how they are being secured, and supplied power, etc.)  SAFETY TIPS POSTER CLICK HERE
  4. Sky Lanterns – These are a relatively new device which historically have caused some unwanted fires.  Note they require being tethered and can not be released freely into the atmosphere.


Municipal Code of the Town of Irondequoit

§ 69-6 Open fires.

Except for open fires used for preparing food for human beings, campfires or fires for other recreational purposes, provided that such fires do not create a nuisance, no person shall burn or cause or permit to be burned in the open any matter, including but not limited to trash, rubbish, leaves, garbage, grass, refuse, trees, automobiles, rubber, railroad ties, materials resulting from the demolition, wrecking or construction of buildings, materials for salvage purposes or other wastes so as to cause the emission of an air contaminant into the atmosphere of the Town.

  • Creating a Nuisance might be the caller having, asthma, emphysema, allergies to smoke or the smell of smoke, COPD, Cancer, or other condition.  

§ 69-15 Emission of air contaminants prohibited.

No person shall cause or permit the emission of an air contaminant which causes or may cause detriment to the health, safety, welfare or comfort of any person or causes or may cause damage to property or business.

  • These are the some of the same conditions which create a “Nuisance”

§ 69-17 Improper use of equipment or control apparatus prohibited.

No person shall cause or permit the use of equipment or control apparatus for a purpose or in a manner for which it is not designed.

  • Improper use of equipment might be someone using a charcoal grill to burn brush or yard debris, disguising the fire as a “cooking” action.  Look at the fuel and not the appliance being used to identify what is really happening.

§ 69-26 Penalties for offenses.


Any person who shall violate or fails to perform any duty imposed by the provisions of this chapter or any order made or decision rendered by the Department of Community Development pursuant to this chapter shall be guilty of a Class B violation as provided in § 1-16.

  • This section is from the Code of the Town of Irondequoit, not a Penal Law or other regulations available to the Police.


The provisions of Subdivision A hereof shall not be construed to exempt such person from any other action, prosecution or penalty provided by this chapter or any other applicable law or ordinance.

§ 1-16 Penalties for offenses.


Unless otherwise provided, any offense against any provision of this Code deemed a violation shall be punishable as follows:


Class B violations: a fine not less than $100 nor more than $250 or not more than 15 days' imprisonment, or both, plus costs of restoration.


International Fire Code / 2015 edition

308.1.6.3 Sky lanterns.

A person shall not release or cause to be released an untethered sky lantern.

Sky lanterns, variously known as Kongming lanterns, Chinese lanterns, fire balloons or fire parachutes, are typically made of paper and contain an open flame used to heat the air inside the device to make it airborne, similar to but on a much smaller scale than a hot air balloon. Once airborne, if these devices are untethered and their movement is thus unrestricted, they are subject to winds and other atmospheric conditions such that the location of the final landfall is completely unknown and uncontrolled by the user.  Obviously, uncontrolled open flame devices descending out of the sky have a significant potential to start wildfires and structure fires.










HITS COUNTER (Since 1-1-15)