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When dealing with open fire, there are a variety of regulations to consider. From a certain size, even a building permit may be required for the fireplace. In general, you must comply with building regulations and fire regulations. Depending on the federal state, there are different regulations - so please inquire in advance at the community!
Anyone who violates a prohibition of combustion or fire protection regulations commits an administrative offense. For example, the Düsseldorf Higher Regional Court (Case 5 Ss 317/93) has upheld a fine of 150 euros for burning stinging nettles in the garden. In particular, the court pointed out that in North Rhine-Westphalia garden waste should not be ignited with gasoline.
Burn garden waste?
It is also crucial what is burned. Anyone who burns plant waste, for example, must also comply with state fire prevention regulations, which among other things stipulate a minimum distance between the fireplace and flammable and highly flammable materials. The incineration of garden waste is prohibited under the Kreislaufwirtschaftsgesetz (KrWG), which has been in force since 1 January 2015. However, there are exemptions in some states and several municipalities. They have defined so-called burning days at which garden owners are allowed to incinerate their organic garden waste on their own property. However, the Ministry of the Environment is currently preparing a new version of the so-called Biological Waste Ordinance, which will in future also prohibit the burning of garden waste without exception. In addition to the general danger potential, particulate matter development of open fires is particularly problematic - it should be contained in this way.
Fire baskets and fire bowls
For fire baskets and fire bowls in the sense of immission protection law are so-called non-approved installations, however, they may only be used according to their purpose for so-called "warmth or coziness fire" and operated only with certain fuels - either with natural lumpy wood (§ 3 para 1 No. 4 of the 1st BImSchV) or pressed wood briquettes (§ 3 (1) No. 5a of the 1st BImSchV). Anyone who misuses them, for example, for the incineration of waste commits an administrative offense.