Burn Permits - Obtaining a Permit

***New***

Online Fire Permits Now Available
 
The City of Franklin and the State of New Hampshire Require Fire Permits for open burning:
 

Fire Pits/Campfires:

Is considered a Category I/Category II (No Inspection Needed)

Go online to obtain permit:

Online Burn Permits

$3 Processing Fee

Brush Pile Permits:

Is considered a Category III and you need to obtain your permit at the Franklin Fire Station - 59 West Bow Street

 

***No Permit required with good snow cover***

All inquiries please call 603.934.2205

City of Franklin Forest Fire Warden and Fire Chief Kevin LaChapelle

Liabilities & Penalties

Any person causing or kindling a fire without a written fire permit from the Forest Fire Warden, or the Warden's authorized agent, when such a permit is required, and any person by whose negligence or the negligence of his agents any fire is caused, shall be liable in a civil action for the payment to the city, state or United States or any or all of the same of expenses incurred by the Forest Fire Warden or Deputy Warden in attending or extinguishing such fire.

Any person violating the permit law and its provisions, and any person who willfully or recklessly kindles a fire that endangers woodlands, shall be guilty of a misdemeanor punishable by a fine up to $2,000 and/or up to one year in jail, or both.


Rules & Regulations

The State of New Hampshire requires that every person who kindles or causes to be kindled any fire, except when the ground is covered with snow, shall obtain a written fire permit from the Forest Fire Warden in the town or city where the fire will be kindled.  A written fire permit shall be Summarily Suspended if any of the following fire permit restrictions are violated, and an Official Notice or a summons may be issued to the violator for the following:

  • If a fire is kindled or material is burned between the hours of 9:00 pm and 5:00 pm unless it is actually raining, except for category 1 fire permits.
  • If a fire is kindled which is in non-conformance with the permit information provided for by RES 5601.04(b) for a category I, II or III fire.
  • If a fire is kindled or material is burned during unfavorable weather conditions (wind, lack of precipitation, or other factors increasing fire hazard) or when a proclamation closing the woodlands is in force.
  • If a fire is kindled or material is burned when specified assistance or suppression equipment is not present to control the fire.
  • If the permittee fails to keep the fire under control or if the Director, Division of Forests and Lands, or his authorized agents or the Forest Fire Warden feel that the material being burned is causing an unusual hazard endangering life or property or both.
  • If the material being burned violates any state law, rule, local ordinance or New Hampshire Department of Environmental Services rules regarding open burning.
  • If an open fire is left unattended at any time prior to it being completely extinguished.
  • If fires are kindled and material burned closer than 50’ from any structure and if provisions are not made to prevent a fire from spreading to within 50’ of a structure unless the fire is a category I fire in which case it shall not be closer than 25’ form any structure.
  • Fire permits shall not be issued to individuals who have had more than two open burning violations, or any grievous violations, within the past 7 years.
  • City of Franklin Ordinance for Nuisance Fees allows the Fire Department to bill $250.00 for illegal fires.

Definitions

"Open Burning" means the burning of any material wherein the products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed container.  The use of portable fireplaces is considered open burning.

"Completely Extinguished" means to extinguish so that it emits no smoke, heat or flames.  The term does not include a buried fire.

"Raining" means sustained precipitation that is actively occurring of sufficient intensity and duration so as to prevent the fire from spreading in woodland fuels.

"Ground Covered With Snow" means the area within a 100' radius from the fire edge is covered with snow or other frozen precipitation sufficient to prevent the combustion of woodland fuels until the fire is completely extinguished.

"Kindle" means from the point of ignition to the time of complete extinguishment.

"Permittee" means a landowner or a person having permission from the landowner.

"Attended" means that an individual responsible for the fire and capable of extinguishing the fire is on the same property as the fire, is able to immediately extinguish the fire, and has the fire in plain view.

"Seasonal Permit" means a permit issued on an annual basis for a category I, II and IV fire.

"Category I Fire" means a small controlled fire, such as a camp or cooking fire, no greater than 2' in diameter contained within a ring of fire resistive material or in a portable fireplace.  A category I fire, conditions permitting, may be kindled with a permit at any time of day whether raining or not.

"Category II Fire" means a controlled fire, such as a camp or cooking fire, no greater than 4' in diameter contained within a ring of fire resistive material or in a portable fireplace.  A category II fire, conditions permitting, may only be kindled with a permit between the hours of 5:00 pm and 9:00 pm unless it is actually raining.

"Category III Fire" means any other fire, not a category I or category II fire or a fire greater than 4' in diameter or a fire not contained within a ring of fire resistive material.  A category III fire, conditions permitting, may only be kindled with a permit between the hours of 5:00 pm and 9:00 pm unless it is actually raining.