Fire marshal: Wood smoke more than a nuisance — it's illegal

Fire marshal: Wood smoke more than a nuisance — it's illegal


If you live in Elmira (New York), you don't have to put up with the smell of your neighbor's wood smoke drifting through your house.

That's the word from Fire Marshal William Wheeler, who reminds city residents that free-standing outdoor fire pits and chimeneas -- front-loading fireplaces or ovens with a bulbous body and vertical smoke vent or chimney -- are illegal if they are wood-burning.

Those that are fueled by natural gas, propane or charcoal, however, are allowed because they are smoke-free, he said.

Smoke pollution is the main issue, and since the chimneys are usually 6 to 8 feet from the ground, there is going to be a pollution problem, he said.

Wood smoke is not just a nuisance. For people with medical problems like asthma, bronchitis or chronic obstructive pulmonary disease, it can be a health hazard, he said.

"It's not that we don't believe that responsible people can have a fire in a fire pit with a screened cover on it and do it safely. The idea is that the neighbor next door can't open his bedroom windows," Wheeler said. "We're not out in the country."

Open burning has always been pretty much prohibited in the city, he said.

The fire prevention section in the city code of ordinances was changed in 2004 because it became apparent the city was experiencing an influx of outdoor wood-burning devices that mostly did not follow air pollution requirements as regular wood stoves do, he said.

"Every once in a while, we have them," he said. "We know that there's a lot more of them out there than we know about, obviously."

When an open burning complaint is received, an engine company will be sent out to educate the violators about the ordinance banning open burning, and the violators will be asked to put out the fire.

"If they choose not to, we will extinguish it," Wheeler said.

If they get called back to the same property a second time for a similar situation, then a citation will be issued. The penalty is up to 15 days in jail and a $250 fine, he said.

To report a problem with open burning in the city, call 737-5654.