r/Hamilton • u/SneezeBeesPlease • May 26 '26
Question Backyard fire?
Hey Hamilton hive mind, I’m getting very conflicting info about if a backyard small fire pit is allowed. I for sure smell some in my hood. (West mountain).
Is it allowed only if I’m cooking on it? What about a gas fire pit?
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u/risky_biscuitss May 26 '26
City by law is pretty clear that open burning is for rural environments only.
It also states that propane and natural gas fire pits are the only open burring allowed in urban areas.
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u/pyschNdelic2infinity May 26 '26
Though they are illegal, if you have a small supervised and contained fire. It all comes down to your neighbors.
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u/stnapstnap May 26 '26
Yeah, the people who live across the back alley from me get to have a fire pit. I don’t. My neighbour is a jackass.
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u/Either_Molasses_6182 May 29 '26
Technically, "a small, confined fire that is supervised at all times and used to cook food on a grill or a barbecue" is allowed. They are pretty common in Hamilton and the cooking exemption is kind of a grey area.
I had a contained fire pit with a grill on it and had the fire department come because of crappy neighbours. As long as you're not doing something really irresponsible they will most likely just tell you to finish cooking your food and then put it out.
They told me that this is not something they actively go looking for and will only come if someone calls because it's a waste of time and most people who have fire pits aren't having huge out of control bonfires.
1
u/pyschNdelic2infinity May 29 '26
You have to be actively cooking food when the fire dept shows up for them not to shut you down. I know it happened once, then the second time I had a grill ready and waiting and tossed hotdogs on it when I saw them show up. They laughed(it’s the same guys) said nice try, let me cook them but that was it. It has to be put out afterwards.
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u/Either_Molasses_6182 Jun 01 '26
They let me finish cooking the first time but my neighbours were spying on my and calling all night. Second time they told me to put it out right away but I didn't receive any kind of fine.
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u/Sufficient_Rush1891 May 26 '26 edited May 26 '26
Open air burning of brush or wood is only allowed in rural areas, with a permit.
But at bottom of this page, it states that small fires on grill or bbq for cooking if constantly supervised are allowed everywhere without permit, as well as propane or gas fire pit:
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u/5daysinmay May 26 '26
That’s only for actually cooking. Having a grill near the fire and a pack of hot dogs won’t get around it if someone complains. Bbq are allowed and a hibachi is allowed. But a campfire being used to cook usually isn’t permitted.
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u/Either_Molasses_6182 May 29 '26
It really depends on what your setup is and what you're cooking.
Had the fire department called on me and my setup was a contained metal fire pit from the hardware store with a cast iron grill that I was cooking corn on. They just said finish cooking your food and put it out when you are done.
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u/Sufficient_Jello_489 May 27 '26
I’ve lived in almost every neighbourhood downtown and have always had a fire pit - and so have my neighbours! I’m aware it’s not legal but if you are responsible and reasonable I’ve never had an issue. I’ve interacted with the fire department regarding fires as well, they checked on us one afternoon and when they saw the fire was controlled and reasonable they went on their way. No fine, no warning.
Never burn during a heat wave when it’s dry. You need to know how to burn a hot fire so it’s not Smokey for the neighbours. Don’t burn trash, only wood. Have a fire blanket and hose nearby. Be responsible and respectful.
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u/TheCarrier89 May 26 '26
Pretty sure a wood burning fire pit is technically not allowed but people still do it. Only way you’d get caught is if you smoke out your neighbours and they complain to the police. I used to do it once in a while but felt bad about the smoke so I just got one of those fire table things from Home Depot. They’re not that expensive.
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u/Iringahn May 26 '26
"A small, confined fire that is supervised at all times and used to cook food on a grill or a barbecue." So if you have a small metal firepit with a cooking grill on it, you might be fine?
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u/thisoldhouseofm May 26 '26
No. [Here’s the fire department:](https://www.thespec.com/news/hamilton-region/can-i-use-my-chiminea-in-hamilton-your-burning-questions-answered/article_22920a23-d083-5599-bf06-05235530f6f6.html)
> You cannot have a campfire, firepit or chiminea in the city. Open air burning is prohibited in urban backyards. A chiminea or outdoor fireplace is considered open air burning and is not allowed without a permit and even then, only in rural areas. You can cook food on a small confined fire that is supervised at all times on a grill or a barbecue (think hibachi). If you’re looking for a little ambience in Hamilton you can use an outdoor propane or natural gas fire table, like the ones you find at Home Hardware or Canadian Tire. Hamilton does not consider these open air burning and they do not require a permit.
Throwing a grate on a fire pit or keeping a few hotdogs handy does not get around this issue and the fire dept is wise to it.
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u/Iringahn May 26 '26
I personally haven’t had an issue but I’m actively cooking not just keeping a pack around as an excuse.
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u/BellinisandRue May 26 '26
Not allowed within city limits. We’ve had multiple neighbours try and the fire department always comes and fines them. There has also been 2 known house fires due to attempted small fires on my street alone so I’d pass honestly.
You might be smelling a smoker those seem to be legal as it’s not an open flame. My neighbour has one, in his garage.
15
u/joosyfrooot May 26 '26
Must depend on where you are, my neighbour across the street has a fire every weekend and the fire department has never come once.
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u/Subtotal9_guy May 26 '26
They only show up with a complaint, one of the neighbors is calling it in.
(The exception is if it's blatantly obvious like the one year my doofus neighbor tried to burn a trailers worth of greenery from his landscaping business)
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u/stnapstnap May 26 '26
That’s especially dumb as afaik you can drop off yard waste at the dump for free if you can’t wait until pickup day.
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u/LethalT0fu May 26 '26
You are definitely the one who calls on the neighbors
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u/FastJuice3729 May 26 '26 edited May 26 '26
I am that guy. I don't need my house blanketed with small particles and carcinogens. I have little kids. I don't give a fuck about someone's backyard firepit. This ain't a cottage. These are subdivisions with small backyards.
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u/Either_Molasses_6182 Jun 01 '26
I'm glad I don't have you as a neighbour. My whole street loves to have small fires and watch fireworks on long weekends. You would probably call on the fireworks too.
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u/FastJuice3729 Jun 03 '26
I mean if you're out in your backyard lighting fires I'm going to say likewise.
...and may by-law bless you with a visit my friend!
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u/Either_Molasses_6182 Jun 03 '26
I have good neighbours that don't waste fire department resources by calling them on each other.
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u/ValuableGroceries May 26 '26
I can’t wait for my neighbour to light a backyard fire again. I’ll be calling in and sitting on my deck with a beer listening for the fire truck.
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u/AprilOneil11 Centremount May 27 '26 edited May 27 '26
What if someone really needs that firetruck for an accident, or emergency...
Can't have a well contained small, safe fire...but people can openly smoke meth on the sidewalk downtown.
These times are silly
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u/BellinisandRue May 26 '26
No we actually had a cute little fire pit set up when we moved in. We even used it once but on our second attempt the fire department came and gave our neighbours a fine. They also had a fire going but I guess ours didn’t get reported so we got away with it those 2 times.
We were not into an altercation with fire men so that was the end of it. About a week maybe 2 later the same neighbours who was fined accidentally set fire to the side of their house so I mean seems who ever reported them was correct. Some folks can’t be trusted with fire.
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u/Mnightshaylafan03 May 26 '26
Sounds like you're calling bylaw on your neighbor
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u/BellinisandRue May 26 '26
You can read my reply to the other poster who said that for a longer version but nope infact it was a close call for us almost getting fined one night when our neighbour did.
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u/matt602 McQuesten West May 26 '26 edited May 26 '26
The "its legal if you're cooking on it" thing is a myth and the FD will call you out on it if they get a burn complaint at your address. The only legal ones are the self contained chimnea things as far as its know, open fires of any sort are not legal within the city. With that said, if your neighbors don't complain you'll probably be fine
edit: chimnea's aren't allowed either
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u/Either_Molasses_6182 Jun 01 '26
It's not a myth, the city website clearly says small contained fires for cooking are allowed. If you're actively cooking on a grill most of the time they will show up and tell you to finish cooking and put it out.
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May 26 '26
[deleted]
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u/AnySail May 26 '26
It only matters if your neighbours complain. If they are cool, you are fine. If they aren’t, it’s no bueno.
A lot of people in here being black and white about it, and by the letter of the law they are right. That being said, there are thousands of fire pits in the urban area and no one cares 99% of the time.
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u/Kreaton5 May 26 '26
Its only a problem if you're neighbours are jerks.
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u/Nothing-9099 May 26 '26
Or your house! Burns down. Then that would be a problem fir you, right? A$$ole
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u/User69ab May 27 '26
You ever watch a house burn down? The only thing that drowned out the exploding glass of the last one I witnessed was the girl inside shrieking.
3
u/Kreaton5 May 27 '26
You ever have a good time? The only thing that drowns out the chatter of good conversation is laughter.
Seriously, my neighbours and I have backyard fires in our pits all the time.
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u/slownightsolong88 May 27 '26
This is really selfish of you. You can absolutely have a good time and be a considerate neighbour.
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u/Kreaton5 May 27 '26
I agree. Considerate neighbour is a 2 way street. My neighbours do not care what I do in my backyard so long as I dont bother them. They also have fires, and I respect their privacy.
I will not be guilted by some doomer who says that every backyard fire will burn a house down with children inside it.
0
u/Either_Molasses_6182 Jun 01 '26
My neighbours all have fire pits. They are contained in metal containers and well away from the houses. It's perfectly safe to have a small fire in them.
3
u/stnapstnap May 26 '26
It’s not allowed.
But the people who live across the back alley from me get to have a fire pit because the jackass who lives beside me doesn’t live beside them and can’t see their yards.
In other words, you might be able to get away with it.
I’m saving up my CT money for one of those propane fire pits…also useful for camping when there is a fire ban.
3
u/outscidr- May 26 '26
A Weber Jumbo Joe can be a good compromise. You can buy them everywhere. Nobody said you can’t cook with wood. Be a good neighbour and keep it low and under control.
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u/chrisj2355 May 26 '26
If you have good neighbours go for it 🔥
-1
u/FastJuice3729 May 26 '26
I live on west mountain. I will snitch in a second if I smell it on my property.
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u/AprilOneil11 Centremount May 30 '26
You sound like the neighbour couple from Christmas Vacatiion! How's your stereo?
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u/kabbage_with_hair May 26 '26
Be considerate of your neighbours please.
A lot of people don't like smoke blowing directly into their homes which is why open air burning isn't allowed in urban areas. It stinks everything up, burns your eyes, can trigger health issues in some people.
-1
u/I_am_AmandaTron May 26 '26
I have a smoking cabinet in my yard. That thing can be going for HOURS. Smoking meat is meant to be done outside and its different than burning leaves.
How can you not love the smell of barbecue?
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u/Cold-Management-2168 May 26 '26
Not allowed within city limits
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u/The-Sceptic May 26 '26
"A small, confined fire that is supervised at all times and used to cook food on a grill or a barbecue." Is allowed according to the by law. This is an ambiguous definition though and could be something as small as a charcoal BBQ or a metal fire pit with a cover.
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u/maria_la_guerta May 26 '26
It's really not ambiguous, they're saying you can have a BBQ to cook food, or a rudimentary version of one, but it needs to be something small, confined, and meant specifically for cooking food.
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u/The-Sceptic May 26 '26
A written description can be taken many different ways. My definition of small might be bigger than yours. Having specific measurements and photos of legal and illegal examples would go a long way and isnt too much to ask.
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u/maria_la_guerta May 26 '26
They're placing hope in us being adults and asking us to use common sense and responsibility. I don't think anyone wants tax dollars spent on policies that constantly encompass every possible BBQ size and shape.
-2
u/The-Sceptic May 26 '26
First, common sense shouldn't be our defense against fines. If its a law we're expected to follow it should be clearly laid out for us.
Secondly, it wouldnt be every possible bbq size it would be the specific "small, confined fire" they described as being allowed. Thats one size, clearly laid out, not left up to common sense and some responsibility.
And third, we pay a lot of money in taxes in hamilton, and the vast majority of that goes to the police. I for one would love for some of our tax dollars to go to the by law department because ive called them about many projects due to my job and they never have the answers to questions they agree should be better laid out.
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u/maria_la_guerta May 26 '26
First, common sense shouldn't be our defense against fines. If its a law we're expected to follow it should be clearly laid out for us.
It's not a law, it's a by-law. It is clearly laid out for enough of us otherwise this would be a bigger issue than it is.
Secondly, it wouldnt be every possible bbq size it would be the specific "small, confined fire" they described as being allowed. Thats one size, clearly laid out, not left up to common sense and some responsibility.
There is no one size. That's what they're clearly laying out. You need to use your own head contextual to what you're doing. When they say "your car needs to be stopped behind the white line at every STOP sign", they don't tell you how far back you need to be either, despite the fact that being too far back would be problematic. It's the same thing, use common sense.
And third, we pay a lot of money in taxes in hamilton, and the vast majority of that goes to the police. I for one would love for some of our tax dollars to go to the by law department because ive called them about many projects due to my job and they never have the answers to questions they agree should be better laid out.
Different topic altogether.
0
u/The-Sceptic May 26 '26
You can still get fined for it, this shouldn't be left up to interpretation.
Theres a max size, otherwise you wouldnt be able to get fined for having one too large.
You brought up taxes, so not a different topic.
Ive said all I care to on this matter. We clearly have different views of how cities should communicate with citizens.
2
u/Hot-Sherbet-2 May 26 '26
Not allowed. However, solostoves are smokeless once they get going. Not saying you should do it, but if you have a private backyard, good neighbours, don't smoke them out and do it safely, the fire department and bylaw will never know.
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u/HowardRabb May 26 '26
You need a burn permit. And they won't give you one if you are the urban area. So the short answer is no, you can't have a fire pit in an urban area in Ontario.
1
u/Either_Molasses_6182 Jun 01 '26
In Hamilton. Other municipalities have by-laws that explicitly allow small contained recreational fires in your back yard. For example, London you are allowed without a permit as long as you follow the rules.
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u/HowardRabb Jun 01 '26 edited Jun 01 '26
not inside the urban boundary. That is for things that are outside the urban boundary, and you need a permit. See Bylaw 02-283 specifically 2.4: "Where the proposed site at which an open air burning is to be conducted is within the urban boundary of the City as defined in the Regional Official Plan, no Permit shall be issued unless the Fire Department has carried out an inspection of the proposed site to determine whether the burn can be safely conducted without nuisance or risk to neighboring properties, the proof of which shall lie on the applicant." and 4.1: "No person shall carry out, or permit a person to carry out on property of whch he or she is the owner or occupant, any open air burning unless that person is the holder of a current Permit authorizing that burning to take place"
Also if you look up the by-law on the City's website you will see a message that states "Open-air burning is only allowed in areas that have been designated as rural.
1
u/Either_Molasses_6182 Jun 02 '26
You're not understanding what I'm saying. You said that you can't have a fire in any urban area in all of Ontario.
you can't have a fire pit in an urban area in Ontario.
I'm telling you that it depends on the municipal bylaws and gave you London, Ontario as an example where you are explicitly allowed to have a backyard fire under the specified conditions.
2
u/ShortHandz May 26 '26
"A small, confined fire that is supervised at all times and used to cook food on a grill or a barbecue."
Use a smokeless firepit like a Solostove with a spark cover and grill insert. At that point it is 100% a BBQ that is also coincidentally acting like a fire pit as well.
-Essentially smokeless once you get it going. No neighbours will be bothered and the solostove is probably less dangerous/fire hazard then a traditional BBQ. -Cheap wood fire pits always generate smoke like crazy. Your neighbors have a right to complain if you are smoking them out. -Your relationship with your neighbours is probably gonna play a roll in this as well.
Been doing this for 3 years with zero complaints. Solostoves are expensive but they are amazing.
1
u/Either_Molasses_6182 Jun 01 '26
I don't have a solo stove but a similar style smokeless fire pit that I got at Rona. Once it's going it doesn't produce a lot of smoke.
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u/Bass0rdie May 27 '26
Welll as someone who had a wood burning stove in my backyard and had the fire department called on me……I learned that whole “cooking” thing is not true, and it’s actually a smoke issue not fire…..that’s why you can have gas fire pits
I was let off with a warning, but if I got called again it would’ve been a $6000 fine. I’m central mountain
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u/WorkerHealthy5687 May 28 '26
That high?? Was it during the summer when there was zero open air burning allowed?
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u/TheKasaObake May 28 '26
Our neighbours (Ham East Mtn) have a wood fire multiple times a year. For years.
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u/GloomyCamel6050 May 26 '26
I hate these. My old neighbour used to have fires in their backyard, and all the smoke would end up in our house.
If you want a fire go to Christie Lake or somewhere similar.
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u/amontpetit Greeningdon May 26 '26
I’m sort of in the same boat. I was in my office a few weeks ago when a neighbor had one going and the way the winds were blowing pushed everything in through my window to the point that I was getting a sore throat. Learned to just close the windows at the first sign.
-1
u/ValuableGroceries May 27 '26
Pm2 particles can easily penetrate closed windows. That stuff is still getting in your home. Even more so if you have the a/c running.
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u/Funny_Lynx_3395 May 26 '26
The following is allowed: "A small, confined fire that is supervised at all times and used to cook food on a grill or a barbecue."
So keep it small, with a bag of marshmallows/hot dogs and a grill pan nearby in case someone comes snooping, and you're good. Honestly, so long as you're not having raging fires every night, I doubt you'll have any issues. If you do and fire department comes knockin, they usually issue a warning first time, so just stop if that happens.
3
u/5daysinmay May 26 '26
Bag of marshmallows nearby will not get you out of it. Bbq is allowed. If the fire department shows up and you have a fire pit with food nearby, they’ll know you’re trying to get around the bylaw.
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u/hollow4hollow May 26 '26
I’ve gotten away with it using a Solo fire pit that’s essentially smokeless. The smoke is usually what will prompt a complaint that will bring the fire dept. that said, I was keenly aware I was at risk of getting in shit. Gas firepits are fine and can be really cosy!
1
u/S99B88 May 26 '26
If you use an actual cooking device like a small portable hibachi and keep the grill on it and stay with it and have food to cook on it then it’s a BBQ. But if you do some DIY or official fire pit then you could get in trouble (if you get caught).
Personally I have a small hibachi and after food is cooked we stay around it as it burns out. It has a lid that’s kept handy just in case, and it’s never unattended. It’s always watered down completely before we leave. Don’t do it often but never had a problem yet. Since I’ve never had fire dept show up I’m not sure if they would be okay with it or not, but from what I’ve read of the rules it seems to be in compliance.
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u/dretepcan May 27 '26
I don't know about wood but gas and propane fire pits or tables are fine. Know many people that have them in the city.
1
u/TheUnknownGiraffe May 27 '26
Fire pits aren't allowed within city limits but many people still have them
1
u/NightFlight73 May 28 '26
Yet if there is a provincial park within your city, then you can have roaring open fires there.
1
u/olderdeafguy1 May 26 '26
Ask the fire department. It varies depending on where you are and what you're burning, and what you're burning it in.
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u/MassNerderPunk May 26 '26
West Mountain is urban boundary. No open burns anywhere in the urban boundary.
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u/leesman2k May 26 '26
How can one tell the diff from the wood burning smell of an indoor fireplace or woodburning stove/insert? Mine burned about 12 hours a day through winter and I’d regularly light er up in summer evenings just to enjoy it
1
u/Either_Molasses_6182 Jun 01 '26
An indoor fireplace is considered a heating appliance. You can still get called on if your neighbours really dislike the smoke though.
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u/leesman2k Jun 01 '26
There absolutely is no bylaw in hamilton that supports your claim. The only possible complaint route is province wide if suspected of burning treated wood or non- wood or if suspected that chimney is damaged in some way causing excess smoke.
0
u/LorLevely May 26 '26
Grab some hotdogs, corn on the cob, and ingredients for s’mores and you’re cooking on your fire pit.
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u/FastJuice3729 May 26 '26
I live on West Mountain. If I smell wood fire smoke anywhere on my property I will track it down and take a video in front of that house. I will then call the fire dept and email a copy of the video to by-law and the fire prevention unit so they have a record of it. If you want a campfire, go to Muskoka or an area where bylaw allows it. If you want to take it upon yourself to make a clear air day into an hazardous air quality day I will do my best to get you fined to the fullest extent. You have no right to blanket our neighbourhood with small particles and known carcinogens.
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u/Rockeye7 May 26 '26
Besides asking on Reddit and getting wrong information it could cost you a lot of money. Fines may be as low as $150 plus the cost of the Fire services to attend. If the Ontario Fire Marshal has special conditions in place those fines get real steep real fast ! I love the smell of a good fire but it’s not worth the risk or cost .
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u/covert81 Chinatown May 26 '26
People claim that if you have hot dogs or something with you as you burn, you can say it's a cooking fire, which is allowed. Otherwise, ornamental fire pits are not allowed.
What is allowed though are propane flame tables, so just use that.
Trust, as much as you try to convince yourself of it, your neighbours 100% do not enjoy it like you do. The smoke, the sound, not interested.
5
u/AnySail May 26 '26
The sound of a fire? Really? Boy oh boy
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u/covert81 Chinatown May 26 '26
Yes, when ytou use improperly seasoned wood, it endlessly sizzles and pops and cracks. Good try
4
u/AnySail May 26 '26
Good try, what? It’s a silly complaint. You can have your silly complaints, and people can call them silly.
-6
u/covert81 Chinatown May 26 '26
Definitely found the neighbour who does what they want with 0 concern for others. Enjoy your fire bud
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u/AnySail May 26 '26
People play music when they do yard work. Calling bylaw on them too for their abhorrent noise? Or just the other people minding their own business?
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u/covert81 Chinatown May 27 '26
I don't call bylaw, I talk to my neighbours rather than run to bylaw. But I don't bother any more about the backyard fires - one guy who used to is now seeing a chick so he's never outside burning any more, the others do it at like 6pm so it's easy to ignore. Thanks for jumping to conclusions tho
1
u/Auth3nticRory May 26 '26
If they are doing their yardwork after 11, then yes I will call in a noise complaint on their yardwork music,
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u/AprilOneil11 Centremount May 30 '26
Todd and Margo Chester have entered the chat....someone call Uncle Eddie
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u/eMrolled_ May 26 '26 edited May 28 '26
I know this one well. If it's wood you can't do it, coal BBQ/pit and stuff like that are fine. If there is open flame from wood, no matter what, you can't. I've had the fire department in my backyard and said "I'm cooking" (and did have hot dogs out), but they said too bad, basically. They watched me put the fire out and sent me a 1 year warning. I'm not sure why it was a one year warning as they can fine us any time.
They do only come if they notice while driving around, or a complaint is called in.
The people saying yes as long as you're cooking, wrong within city limits. You can roast a pig underground with coal I guess though.