AntoineAsphalt.caFire Pit Rules in Hamilton, Burlington and Oakville
Quick answer
Gas fire pits are allowed without a burn permit in Hamilton and Burlington. Wood fires in Hamilton's and Burlington's urban areas count as open-air burning and are not permitted without a permit; rural areas can apply for one. Oakville allows a screened wood pit up to 61 × 61 cm without a permit, 10 a.m.–11 p.m., 3 m from lot lines. Cooking fires on a grill or barbecue are exempt.
What does each city allow?
Each municipality has its own open-air burning by-law. Here is what each one says about wood and gas.
| City | Wood fire pit | Gas fire pit | Outdoor fireplace |
|---|---|---|---|
| Hamilton (incl. Ancaster, Dundas, Stoney Creek, Waterdown) | Not permitted in the urban area without a permit; no permit until the Fire Department inspects the site (By-law 02-283, s. 2.4, s. 4.1) | Allowed urban and rural, no burn permit (City of Hamilton, July 2021) | Wood: not permitted in urban areas; rural with a permit (Guideline 11) |
| Burlington | Not permitted in urban areas (By-law 065-2019); free permit in designated rural areas | Allowed; not on apartment balconies or where condo rules prohibit them | Wood: counts as open-air burning |
| Oakville | Allowed without a permit if it meets s. 2.2 (By-law 2006-174) | Allowed; gas and propane barbecues need no permit (s. 2.3) | Defined in s. 1.1(h.1); conditions (c), (f), (g), (l) of s. 2.2 don't apply (s. 2.2(n)) |
Rules change and burn bans happen in dry weather; check with your fire department before lighting.
Is a cooking fire treated differently?
Yes. Hamilton exempts "a small, confined fire, supervised at all times, and used to cook food on a grill or a barbecue" from the permit requirement (By-law 02-283, s. 4.2). Burlington allows small supervised cooking fires on a grill, barbecue or spit. Oakville's natural gas and propane barbecues need no permit if supervised and on non-flammable material (By-law 2006-174, s. 2.3).
What are Oakville's conditions for a backyard fire pit?
Recreational burning in an open burning device or pit needs no permission if all of these are met (By-law 2006-174, s. 2.2):
- Only 10 a.m. to 11 p.m.
- No larger than 61 cm × 61 cm (2 ft × 2 ft), at ground level, covered with a grill or metal screen
- Only commercially produced charcoal or briquettes, or clean, dry seasoned wood
- At least 3 m (9.8 ft) from adjacent properties and from combustible structures or objects (s. 2.2(f),(g))
- Attended at all times and fully extinguished, with an effective extinguishing agent immediately available (s. 2.2(h))
- No nuisance to neighbours (Nuisance By-law 2007-143)
Rules change and burn bans happen in dry weather; check with your fire department before lighting.
Can I get a burn permit on a rural lot?
Rural Hamilton and designated rural Burlington issue permits. See country & estate properties for what else changes on a large lot.
- Hamilton rural permits: recreational campfires up to 0.6 m across and confined (Guideline 6); 3 m clearance from buildings and combustibles for campfires and outdoor fireplaces (Guideline 7); clean wood only; extinguishing equipment on site; attended by someone 18 or older; no burning during a smog alert or advisory (s. 4.3) or when wind would make smoke a nuisance. Hamilton Fire / Emergency Services: 905-546-3346.
- Burlington rural permits: free, online or at 905-637-9536, for camp fires, cooking fires and approved materials (wood, brush, leaves). No garbage or petroleum products.
Rules change and burn bans happen in dry weather; check with your fire department before lighting.
What about burn bans?
All three municipalities issue temporary burn or fire bans in dry weather. Check with the City or Town before lighting. Burlington also discourages gas fire features during smog advisories or dry weather.
What are the penalties?
In Hamilton, illegal or non-compliant fires can be charged the cost of the response (Guideline 14) and penalties under the Provincial Offences Act (By-law 02-283, s. 4.5). Oakville applies Provincial Offences Act penalties (By-law 2006-174, s. 4.1), and unpaid Fire Department costs can be added to the tax roll (s. 4.3).
Rules change and burn bans happen in dry weather; check with your fire department before lighting.
Frequently asked questions
Can I have a wood fire pit in Hamilton's urban area?
Not without a permit. Hamilton By-law 02-283 requires a permit for open-air burning (s. 4.1), and in the urban area no permit is issued until the Fire Department inspects the site and decides it can be done safely without nuisance (s. 2.4). A gas fire pit needs no burn permit.
Are gas fire pits allowed in Burlington?
Yes. Burlington permits fire tables, bowls and other devices fuelled by propane or natural gas, but not on apartment balconies or where condo rules prohibit them. The City discourages using them during smog advisories or dry weather.
Does Oakville need a permit for a fire pit?
Not if the pit meets By-law 2006-174 s. 2.2: 10 a.m. to 11 p.m., no larger than 61 × 61 cm at ground level, screened, clean dry wood or charcoal, 3 m (9.8 ft) from lot lines and combustibles, attended, with an extinguishing agent on hand. Otherwise the Fire Chief's permission is needed.
Is a barbecue or grill fire allowed?
Yes. Hamilton exempts a small, confined, supervised fire used to cook food on a grill or barbecue (By-law 02-283, s. 4.2). Burlington allows small supervised cooking fires on a grill, barbecue or spit. Oakville's gas and propane barbecues need no permit if supervised and on non-flammable material (s. 2.3).
Are chimineas allowed?
Hamilton's guidelines treat outdoor fireplaces and chimineas as open-air burning that isn't permitted in urban areas; rural areas need a permit (Guideline 11). Burlington counts chimineas as open-air burning too, though gas-fuelled chimineas are permitted.
What happens if I'm caught burning without a permit?
In Hamilton you can be charged the response costs (Guideline 14) and face Provincial Offences Act penalties (s. 4.5). In Oakville, Provincial Offences Act penalties apply (s. 4.1) and unpaid Fire Department costs can be added to your tax roll (s. 4.3).
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General planning information, not legal advice. By-laws and burn bans change; confirm with your municipality and fire department before lighting.
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