Outdoor Fire Regulations

Bonfires/Ceremonial:

Bonfires such as the annual Christmas tree burning are large in scale with significant crowds.  The Town Selectmen authorize the Head of the Fire Department to issue one (1) permit for this purpose per year.  The fires are located on town land, ignited and maintained by the Fire Department.  Non-fire personnel shall not light bonfires on public or private land without authorization by Selectmen and the Head of the Fire Department.


Open Fires:

Open fires are allowed from January 15th to May 1st.  This type of fire requires Fire Department Dispatch notification and shall only occur from 6:00 am to 4:00 pm.  Dispatch can be contacted using the non-emergency number at (781) 631-1212.  Dispatch will check the fire index issued by the Forest Warden and allow the fire when conditions permit it.  Wind and precipitation are two of the criteria the forest warden use in rating each day.  This type of fire falls under the Department of Environmental Protection (DEP) which requires a minimum distance of 75 feet from any structure.  Open burning is limited to brush (no milled lumber, trash, stumps or leaves).


Cooking and Recreational Fires:

Fire pits have become popular in recent years.  At single family dwellings, special permits are not required in the Commonwealth of Massachusetts for the use of outdoor fire pits/fireplaces and chimineas, or cooking and recreational fires.  However, effective January 1, 2015, several requirements went into effect based on Department of Environmental Regulations and the Massachusetts State Fire Laws and Codes (MGL Chapter 148 and 527 CMR).

  • If cooking or recreational fires are taking place on public property or property not owned by the permit applicant, the applicants must demonstrate that they have permission from the owners.
  • The fire must be small and manageable, no greater than 3 feet in diameter.  By definition, a fire larger than 3 feet in diameter and/or 2 feet in height is no longer considered a cooking or recreational fire (sec. 3.3.77 and sec. 3.3.215).
  • All fires must be constantly attended by a competent person (sec. 10, 11.5, 1).
  • A garden hose connected to a water supply or other fire extinguishing equipment shall be readily available for use (sec. 10.11, 5.2).
  • Fires shall not be conducted within 25 feet of a structure or combustible materials (sec. 10.11.4.3).
  • Conditions that could cause a fire to spread to within 25 feet of a structure shall be eliminated prior to ignition (sec, 10.11.4.4).
  • Outdoor fire pits/fireplaces, chimineas, cooking and recreational fires are not incinerators. The burning of trash, rubbish, painted/stained wood, and construction debris is prohibited (sec. 10.11.3.2 and 310 CMR 7.07 and 7.08).
  • Do not cause a nuisance or health hazard to your neighbors. Never use wet or damp wood. This may create needless irritating smoke. Always use dry seasoned wood, charcoal, or specialist fuel (e.g., wood burning briquettes). If the Marblehead Fire Department receives complaints from neighbors that the smoke or smell is bothersome, we will investigate. If deemed necessary, you may be instructed to extinguish the fire (MGL 148 sec 5 & 527 CMR 1 sec. 10.11.2).
  • BE SAFE! Never use accelerants to light any fires.

 


Devereux/Stramski Beach:

Cooking fires on provided hibachis’ are allowed.  Permits can be obtained through the Parks and Recreation Department.  All other types of fires are prohibited.


Goldthwait Beach:

Permits can be obtained through the Goldthwait Reservation with notification to Fire Department Dispatch at (781) 631-1212.  Fires in designated burn areas only.


All Other Private Beaches:

Recreational fires 4 feet or smaller by members and or owners of beaches, with notification to Fire Department Dispatch.  All fires are prohibited from decks, balconies, and porches with the exceptions of:

  • Single family dwellings can have grills, smokers and hibachis'
  • Gas cooking appliances piped and installed under manufacturers specifications, all dwellings
  • All of the above fires shall have a means to extinguish them, such as a garden hose or fire extinguisher
  • All fires shall be monitored by a person 18 years or older from the time it is lit to the complete extinguishment