The Topeka Fire Department is committed to keeping you and your family safe from the dangers of fire. It is for this reason that we would like you to review these regulations and reference materials before you undertake any open burning. An annual burning permit is required for any open burning within the City of Topeka. This permit will be valid for the calendar year that it is issued.
Open Burning Policy of the Topeka Fire Department
The following is a list of items which ARE NOT allowed to be burned within the city limits or within Shawnee County. The list includes, but is not limited to:
- Leaves
- Grass Clippings
- No burning of standing lawn or pasture
- No burning in barrels
- Paper
- Pallets
- Shingles
- Vinyl siding
- Masonite siding
- Wood paneling
- Primed or Painted wood
- Plywood
- Varnished or finished wood
- Housewrap (tyvek)
- Paint cans, rollers, brushes, trays
- Carpet and padding
- Linoleum
- Oriented-strand board (OSB)
- Wafer and Particle boards
- Caulking tubes
- Electrical wires
- Conduit pipe
- Junction boxes
- PVC pipe
- Plastics
- Insulation, fiberglass, foam, styrofoam
- Trash (residential or commercial)
- Treated Lumber (CCA)
- Railroad ties
- Telephone poles
- Wet or green timber
- Household furnishings
- Household hazardous wastes
- Asbestos material
- Petroleum products
- Dead animals
- Metals
- Tires
- Oil
- Aerosol cans
Topeka Burn Permit Application
Residential Recreation Burning
These fires are intended to be a campfire-type setting for recreation or cooking only. Recreational fires are not to be used for the disposal of yard waste.
- Fire code requires that recreational fires not be conducted within 25 feet of any structure or combustible material.
- Conditions that could cause a fire to spread within 25 feet of a structure need to be eliminated prior to ignition.
- Recreational fires are to be constructed no wider than 3 feet in diameter and no more than 2 feet tall. The fire should take place in a pit dug into the ground and lined with rock or metal fire ring or be a commercial fire pit.
- Once the fire has been ignited a competent person is required to be present at all times. This person shall have a garden hose connected to a water supply or have approved fire extinguishing equipment readily available for use.
- Unlike a residential burn permit, a recreational burn is permitted to take place before and after sunset.
- As with any open burning within the City of Topeka the Fire Department reserves the right to extinguish any fire that is causing a nuisance or emitting large amounts of smoke
Residential Burn Permit
To keep you and your family safe from danger of fire it is necessary to review reference material and regulations.
- The approved permit shall be in possession of person doing burning or available for immediate inspection.
- Burn is only allowed during daylight hours. Fires must be extinguished at sundown.
- No burning during periods when surface wind speed is less than 5mph or more than 15mph.
- No burning during inclement or foggy conditions or on very cloudy days (ceiling less than 2000')
- No burning within 50 feet of any structure.
- No burning of heavy smoke producing materials including heavy oils, tires, tarpaper, or any material which gives off offensive odor or smoke that is of soiling soot content.
- The Fire Chief or his designee reserves the right to modify or revoke this permit at any time.
- A competent person shall constantly attend open fires and bonfires until such fire is extinguished. This person shall have a garden hose connected to a water supply or other approved fire extinguishing equipment readily available for use.
- Fire Dispatch will be notified prior to lighting the pile for authorization at 785-368-9514
- Fire Dispatch will be notified once the fire has been extinguished at 785-368-9514
- Burning operations shall meet the minimum requirements stated above and the open burning regulations of the State of Kansas: K.A.R. 28-19-645 – 28-19-648.
Commercial Burn Permit
This type of fire does require a burning permit from the City of Topeka as well as an approval letter from the Kansas Department of Health and Environment (KDHE). The approved permit and KDHE approval letter shall be in possession of person doing burning or available for immediate inspection.
Commercial permits are required for any business or non-private entity wishing to conduct open burning on private or commercial grounds within the City of Topeka. This permit requires an application through the Inspection unit, onsite inspection and approval from KDHE.
The approved permit shall be in possession of person doing burning or available for immediate inspection.
An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road, or other public or private ground.
This permit requires an application through the Inspection unit, onsite inspection and approval from KDHE. As with any open burning only approved items are allowed to be burned.
Each open burning operation for which the department issues approval shall be subject to the following conditions, except as provided [K.A.R. 28-19-647(e)]:
- The person conducting the burning shall stockpile the material to be burned, dry it to the extent possible before it is burned, and assure that it is free of matter that will inhibit good combustion.
- A person shall not burn heavy smoke-producing material including heavy oils, tires, and tarpaper.
- A person shall not initiate burning during the nighttime, which for the purposes of this regulation is defined as the period from two hours before sunset until one hour after sunrise. A person shall not add material to a fire after two hours before sunset.
- A person shall not burn during inclement or foggy conditions or on very cloudy days, which are defined as days with more than 0.7 cloud cover and with a ceiling of less than 2,000 feet.
- A person shall not burn during periods when surface wind speed is less than 5 mph or more than 15 mph.
- A person shall not burn within 1,000 feet of any occupied dwelling, unless the occupant of that dwelling has been notified before the burn.
- A person shall not conduct a burn that creates a traffic or other safety hazard. If burning is to take place within 1,000 feet of a roadway, the person conducting the burn shall notify the highway patrol, sheriff’s office, or other appropriate state or local traffic authority before the burning begins. If burning is to take place within one mile of an airport, the person conducting the burn shall notify the airport authority before the burning begins.
- The person conducting the burn shall insure that the burning is supervised until the fire is extinguished.
- The Department may revoke any approval upon 30 day notice.
As with any open burning within the City of Topeka, the Fire Department reserves the right to extinguish any fire that is causing a nuisance or emitting large amounts of smoke.
The responding Company Officer has the authority, as a designee of the Fire Chief, to extinguish any fire deemed to be a nuisance or emitting large amounts of smoke.
Violations of City of the Topeka Open Burning Regulation can cause suspension or revocation of the, open burning permit or result in a Municipal Court Citation. If a responding company officer determines that violations of the City of Topeka Open Burning policies have occurred, an Investigator should be called to the scene to determine if a Municipal Court Citation will be issued.