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What is NYC AC § 24-149?

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This section prohibits the kindling, maintenance, or use of open fires that emit air contaminants, with specific exceptions for outdoor residential fires, noncommercial barbecues in city parks, official training fires, and certain other uses. Applies to individuals and entities conducting outdoor burning activities.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 24-149 Open fires prohibited; exceptions.

AC § 24-149

No person shall cause or permit the kindling, maintenance or use of any open fire so as to cause the emission of an air contaminant into the open air, except as provided herein: a. Where such fires are allowed by any other law, rule or regulation, outdoor residential picnic and barbecue fires in equipment with a total grate area not exceeding ten square feet and designed to utilize charcoal, or equipped with gas burners; b. outdoor noncommercial barbecue and picnic fires in equipment provided by and located in city parks where such fires are permitted by the appropriate government agency; c. official fires used for the training of fire brigades or similar purposes by persons or corporations requiring such training, but only with the approval of the commissioner and the fire commissioner; d. outdoor fires used in conjunction with tar kettles, coke salamanders, asphalt and snow melting equipment and open natural gas fired infrared heaters of capacity less than one hundred fifty thousand BTU/hr; e. fires used for special effects for the purpose of television, motion picture, theatrical and for other entertainment productions, but only with the approval of the fire commissioner and the commissioner; f. residential fire pits as authorized by FC 307.7. (Am. L.L. L.L. 2022/047, 1/15/2022, eff. 4/15/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2022/047.

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