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S’mores and the City: The Rise of the Illegal Fire Pit

Backyard fires do wonders for socializing during a pandemic. But they pose deadly risks all the same.

This winter, David Graver was invited to an event that stood out for its camp-like nostalgia: a fire pit party at his friend’s house in Brooklyn, complete with s’mores.

“I thought it was a very charming invitation,” said Mr. Graver, 37, who is the editor of Cool Hunting, a publication that covers lifestyle and culture. “I spent my childhood making s’mores, and I didn’t think you could have this type of social gathering in the city.”

Mr. Graver was correct. For one thing, fire pits — somewhat ubiquitous in outdoor spaces during the colder months — are illegal in most parts of New York City. But last month, the City Council inched closer to accepting their presence when it introduced legislation to permit backyard fires in neighborhoods where there is detached or semidetached housing, including much of Staten Island and in areas like Riverdale, in the Bronx (zones R1, R2 and R3, to be specific; New Yorkers can find their residential zones here). Rules also stipulate that fire pits must be 10 feet away from combustible material and that windows and doors within 25 feet of them must remain closed.

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“I have been breaking the law for decades in my yard in Staten Island,” said Joseph Borelli, a Republican who is the minority leader of the New York City Council who sponsored the new legislation. “It was one of those things that many people were doing, even though it violated a law. Fire pits were never really causing a problem, so it was an unnecessary restriction for people enjoying their backyard.”

But the reality is that New Yorkers in other parts of the city not technically zoned for fire pits are using them too, especially at a time when people are encouraged to gather outdoors.

As someone who grew up in Brooklyn and has lived here my whole life, I have been to many parties over the years with fire pits in the backyard,” said Lincoln Restler, a Democrat on the Council who represents Greenpoint, Williamsburg and Boerum Hill, neighborhoods not zoned for the activity. “There is nothing more joyful than making some s’mores and sitting around a fire on a not-too-frigid winter evening and having a drink and hanging out with friends.”

Capt. Michael Kozo, the director of the New York City Fire Department’s Fire Safety Education Unit, knows this. “The thing is that people were using fire pits prior to this being passed,” he said, referring to the legislation, adding “at the very least they will be managed and monitored a little bit more now that they have been legalized.” Fire pits require safety precautions and should not be left alone “even for a second,” he said.

On a mild midwinter night, Mr. Graver ended up getting his outdoors s’mores fix — “We used sticks from the garden to cook them” — in Bedford-Stuyvesant, a Brooklyn neighborhood not zoned for backyard fires, although his hosts said they followed all of the other rules.

“I think we all struggle to find ways to maintain hope and joy during the winter months when the days are short,” Mr. Graver said. “To have friends with a backyard where we can safely gather around a fire, it put a smile on my face.”

George Etheredge for The New York Times

Fire pits in unzoned neighborhoods are worrisome to Captain Kozo, who fears that one stray ember could endanger an entire building. “They aren’t going to have that distance required to do it safely, and that is one of the reasons it is only approved for certain zoning districts,” he said.

With New Yorkers having witnessed one of the deadliest fires in decades last month in the Bronx, the fear of fires spreading is a realistic one, Captain Kozo said. “There is always a concern with any open flame, even with a barbecue or something like that,” he explained. “Unfortunately, we really can’t control if people are doing it without our knowledge, but it is not recommended.”

Mr. Restler said city officials should focus on helping people conduct fire pit gatherings safely wherever they are doing them, rather than crack down on lawbreakers.

“I think we need to take a harm-reduction approach,” he said. “Many people with fire pits are being careful and thoughtful to operate them safely. But we live in a very dense city, and so there are reasonable concerns.” He said that most New Yorkers, regardless of which zones they live in, can use the guidance detailed in the legislation.

Some residents say they understand the dangers and are taking extra precautions. The hosts of the s’mores party used a Solo Stove, whose manufacturer describes it as smokeless and capable of containing flames.

Wendy Klemperer, 63, a sculptor, built a fire pit on a 500-square-foot piece of paved land at her home in Bushwick, Brooklyn, another neighborhood not zoned for backyard fires. “I got this big, old oil tank from a farmer who was getting rid of it, and I cut it in half with my welding torch and welded some legs onto it,” she said. So far, she has hosted a few gatherings, including two birthday parties, where they grilled sausages and roasted marshmallows.

Ms. Klemperer then made a fire pit for her boyfriend, Michael Ballou, 69, a multimedia artist who lives in Williamsburg. Even though their neighborhoods aren’t zoned for fire pits, both of their backyards are so spacious, they said, that they meet all the requirements detailed in the new regulations.

“My yard is a 2,500-square lot, and I have a 500-square-foot concrete pad where I do the fire pit,” Ms. Klemperer said. “My place is very safe.”

Megan Weisenberger invites friends to her fire pit every few weeks. “I feel that people talk more around the fire,” she said. She also finds it a helpful tool for meeting neighbors, almost like a winter version of the stoop.

Her fire pit is basically a hole in the ground with bricks around it, so it is very contained, and she never leaves it unaccompanied, she said.

“With any open flame, you have to be there, you can’t walk away,” Captain Kozo emphasized. “And I mean not even for a moment.”

Many fire pit owners have gotten resourceful when it comes to supplies. Ms. Klemperer, the artist, has a pickup truck, which she drives around looking for wood. “I don’t know what National Grid was doing the other day, but they were digging up the street, and they left a lot of wood,” she said. “Once you start looking for wood, you really can find it everywhere.”

Others buy wood at their local bodegas, they said, and use old pizza delivery boxes as fire starters. As for Ms. Weisenberger: “This year I discovered you can Seamless firewood to yourself.”

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