Open Burning
Rules On Open Burning
With the exception of small (3' by 3') recreational fires, open
burning is generally not allowed in the Town of Phelps per the
Town of Phelps Code Enforcement Office. If you plan on
conducting an open burn, you must abide by the following rules...

1. All open burns must be approved by the Phelps Town Code
Enforcement Office.

2. In most instances, open burns must also be approved by the
New York State Department of Environmental Conservation.

3. If approval is granted by Code Enforcement, notification must
be made to the Oaks Corners Fire Department and the Ontario
County 911 Center. (NYS Fire Code Sec. 1191.2)

4. The location for an open burn shall not be 50 feet from any
structure, and provisions shall be made to prevent fire from
spreading within 50 feet of any structure. (NYS Fire Code Sec.
307.3)

5. Open burns, bonfires, or recreation fires shall be constantly
attended
until the fire is extinguished. A minimum of one
portable fire extinguisher, or other on site fire extinguishing
equipment such as dirt, sand, garden hose, water barrel, or water
truck shall be available for immediate utilization. (NYS Fire Code
Sec. 307.4) If we are dispatched to an unattended burn, the fire
will be extinguished, and the Code Enforcement Office and DEC
will be notified.

6. The burning of garbage is prohibited by NYS Environmental
Conservation Law as is the burning of onsite disposal of rubbish
generated by commercial or industrial activities other than
agriculture. (NYS Environmental Conservation Law 215.2)

7. Open burning that is offensive or objectionable due to smoke
or odor emissions or when atmospheric conditions make such fire
hazardous will be prohibited. (NYS Fire Code 307.2.1). If we
receive a call for a nuisance fire bothering a neighbor, we will
respond to extinguish the fire, and most likely bring a law
enforcement officer with us. The Code Enforcement Office and
DEC will also be notified.



90% of the brush fires we respond to are ignited by
residents conducting unauthorized open burning.
Below are some examples of what happens
when residents have attempted to conduct
unauthorized open burns.
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