How do we run a common-area fire pit at our HOA amenity?

By OurHOA · General information · Revised October 24, 2026

How an HOA board runs a shared fire pit: burn bans in TX, FL and CO, fire code distances, gas vs wood, use rules, putting it out, ashes and insurance.

Part of the HOA board handbook: vendors, projects and upkeep.

The short answer

A shared fire pit is one of the few amenities that can be legal on Tuesday and illegal on Wednesday. Before the board writes a single rule, find out three things: who in your county can call a burn ban and how you will hear about it, what fire code distance your fire marshal applies, and whether your insurer will cover it. Then write a short rule that names who may light it, what they may burn, who stays with it, and how it gets put out. The board's job is not to supervise every fire. It is to set rules that hold up when the board is not there, check the pit and the extinguisher on a schedule, and shut it down fast when a ban comes in. Rules vary by state, by county and by your own declaration, so treat this guide as education and confirm the local details with your fire department.

Burn bans in Texas, Florida and Colorado

In Texas, Local Government Code 352.081 lets a county commissioners court, by order, prohibit or restrict outdoor burning when the Texas A&M Forest Service finds drought conditions using the Keetch-Byram Drought Index, or when the court finds a public safety hazard. An order can last no more than 90 days, though the court can adopt a new one. The statute's exemptions cover firefighter training, utility work, crops and certified prescribed burns. It does not exempt recreational fires or fire pits, so whether your pit is covered depends on the wording of your county's order. A knowing violation is a Class C misdemeanor, which Penal Code 12.23 caps at a $500 fine. Outside a ban, the state outdoor burning rule at 30 TAC 111.207 allows fires used solely for recreation or for noncommercial cooking. In Florida, rule 5I-2.006(11) of the Florida Administrative Code says the open burning chapter does not prohibit a campfire, outdoor fireplace or other contained heating or cooking device. That changes in a drought. Under Florida Statutes 590.081, once the Commissioner of Agriculture declares a severe drought emergency, building a campfire or bonfire without a written Florida Forest Service permit is unlawful, and a violation is a second-degree misdemeanor. Counties can also issue their own bans, often through a local state of emergency, and some exempt cooking grills, so read the order. In Colorado, C.R.S. 30-15-401(1)(n.5) lets a board of county commissioners ban open fires in unincorporated areas when fire danger is high based on competent evidence, such as the National Fire Danger Rating System. Under 30-15-402, a violation is a civil infraction with a fine of up to $1,000. Whether gas fire pits are exempt depends on the county's ordinance, so read it. The state air quality rule, Regulation 9, exempts recreational and noncommercial cooking fires from the open burning permit. A city or fire district inside the county may have stricter rules of its own.

Distances and the fire code

Many cities, counties and fire districts adopt the International Fire Code. Section 307 of the 2015 edition, as reproduced by Colorado's West Metro Fire Protection District, sets these limits: a recreational fire must be at least 25 feet from a structure or combustible material, and a portable outdoor fireplace at least 15 feet away. The code defines a recreational fire as one with a fuel area no more than 3 feet across and 2 feet high. Any fire has to be constantly attended until it is out, with a fire extinguisher or a hose, water barrel, sand or dirt on hand. The portable fireplace distance has an exception for one- and two-family homes, but a clubhouse patio is not a home. Cities amend these numbers. Some add the property line to the 15-foot rule. Florida adopts its own fire prevention code, built on NFPA 1, through rule 69A-60.002, so do not assume the IFC distances apply there. The safe move in any state is to email the fire marshal a site plan with the pit, the clubhouse, the pool fence, any pergola and the nearest trees marked, and ask whether the location meets the local code. Keep the reply in the amenity file.

Gas or wood

A gas fire pit costs more up front and less to run. It turns off with a valve, makes no ash and no flying embers, and nobody brings a pallet to burn. A wood pit is cheaper to build, and many owners prefer it, but it needs firewood rules, an extinguishing routine and someone to haul ashes. If you choose gas, have a licensed contractor install it, and make the shutoff valve easy to find. Lock the ignition or use a timer switch so the pit cannot run all night. Register the product with the maker, because recalls happen. CPSC recalled about 58,000 outdoor gas fire pits in 2018 because the bowl base lacked a heat shield. A fixed propane tank has its own placement rules. In Texas, the Railroad Commission's rule at 16 TAC 9.142 points to NFPA 58 for container distances, so let the gas contractor handle the siting. If you choose wood, ban the things that should never go in. The Texas burning rule at 30 TAC 111.219(7) lists treated lumber, plastics and rubber among materials that must not be burned, and that is a good list for any state. Allow only clean, dry firewood, and say so on the sign.

Use rules the board can adopt

Tie the pit to a reservation or to amenity hours so the board knows who lit it. Our guide on writing an HOA clubhouse rental policy covers deposits and sign-in sheets that work for a fire pit too. A rule the board can adapt: 'The fire pit may be used from [time] to [time] by an owner or tenant age 18 or older, who must stay at the fire pit until the fire is completely out. Only clean, dry firewood [or: the gas burner] may be used. No trash, yard waste, pallets or treated wood. Fires must stay inside the fire ring and below [height]. The fire pit is closed whenever a county or state burn ban is in effect, whether or not a closure sign is posted. The user must put the fire out with water before leaving and is responsible for any damage.' That last part about burn bans matters. The board cannot rely on someone hanging a sign within an hour of a county order. Put the burden on the user, then post the closure anyway. Sign up a board member for the county's emergency alerts, and in Texas check the Texas A&M Forest Service burn ban map before any event.

Putting it out and handling ashes

Smokey Bear's steps work at a clubhouse as well as a campground. Drown the fire with lots of water until the hissing stops, stir the ashes and embers, drown it again, and feel for heat. If it is too hot to touch, it is too hot to leave. Keep a bucket or a hose at the pit, and inspect the extinguisher monthly. Our guide on scheduling HOA fire extinguisher inspections covers the annual service. Ashes stay dangerous after the fire looks dead. The U.S. Fire Administration tells people to put cooled ashes in a tightly covered metal container and keep that container at least 10 feet from any building. Never let anyone dump ashes in the clubhouse dumpster or a plastic trash can. Give the landscape crew or a volunteer a written task to empty the ash can on a set day.

Insurance, inspection and a sample year

Call the association's insurance agent before you build or reopen a fire pit. Ask whether the general liability policy covers it, whether the carrier wants it in the application, whether reservations require the user to carry their own coverage, and whether the policy has any exclusion for open flames. Get the answer in writing. Inspect the pit monthly in season and record it. Look for cracked stone or block, a loose or rusted ring, burn marks on furniture, missing signs, and, for gas, a working shutoff and no smell of gas at the burner. A sample year in a drought-prone county: in January, get the fire marshal's sign-off on the location and confirm the insurance answer. In February, replace the sign if the rule changed. Each month, inspect and log. When the county posts a ban, close the pit the same day and notify owners. In the fall, check the ring and the firewood rules before peak fire season.

Mistakes boards make

Building the pit under a pergola or within 25 feet of the clubhouse. Assuming a burn ban only covers trash burning. Waiting for the board to post a closure sign. Letting owners bring scrap lumber. Dumping warm ashes into the trash. Skipping the call to the insurance agent. And treating a gas pit like it needs no rules, when it still needs a shutoff, a timer and an adult at the controls.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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