The Impermissible Fire

A couple weeks ago, Indymedia Watch and Michelle Malkin wrote about an NYC Indymedia initiative urging their readers to engage in a "nationally coordinated action" of mass flag burning this 4th of July, in order to "show the elite that we are everywhere and that we completely reject the false principals this holiday is based on."

Of course, there's nothing inherently illegal about burning the American flag, but it occurred to me that igniting any open flame on a city street might be in violation of the New York City fire code.  So I e-mailed the FDNY to find out.

The Chief of Fire Prevention was kind enough to mail me a very prompt letter in response, explaining that open fires are indeed "prohibited in New York City and are covered under the administrative code sub chapter 26."  He did say that, absent proof of a compelling public safety concern, they would not consider the act a violation.

But aren't public safety concerns precisely what the fire code is designed to prevent?  It seems to me that just about anything expressly forbidden by it would be hard to interpret as anything else.  Whether flag, pig roast, or tire fire, the issue of open flames within city limits is pretty explicitly proscribed by the code (specifically NYC Administrative Code, Title 27, Chapter 4, Subchapter 26):

§ 27-4249 Open fires. a. It shall be unlawful for any person to kindle, build, maintain or use a fire upon any land or wharf property within the jurisdiction of the city of New York, except as follows: 
   1. outdoor picnic and barbecue fires on residential property in equipment with a total grate area not exceeding ten square feet and designed to use charcoal, or equipped with gas burners;
   2. outdoor noncommercial picnic and barbecue fires in equipment provided by and located in city parks where such fires are permitted by the appropriate city agencies;
   3. official fires used for the training of fire brigades or similar purposes by persons or corporations requiring such training, but only with the approval of the fire commissioner and the commissioner of the department of environmental protection;
   4. outdoor fires used in conjunction with tar kettles, coke salamanders, asphalt and snow melting equipment and open natural gas fired infrared heaters of capacity less than 150,000 BTU/hr;
   5. fires used for special effects for the purpose of television, motion picture, theatrical and for other entertainment productions, but only with the approval of the commissioner and the commissioner of ports and terminals.
   b. Any person who shall violate, or refuse, or neglect to comply with any provision of this section, shall upon conviction thereof, be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment not exceeding thirty days, or by both, for the first offense, and by a fine of not less than seventy-five dollars nor more than five hundred dollars, or by imprisonment not exceeding thirty days, or by both, for a second offense, and by a fine of not less than two hundred dollars nor more than five hundred dollars, or by imprisonment not exceeding sixty days, or by both, for a third or subsequent offense; and any such person shall, also, for each offense, be subject to the payment of a penalty in the sum of fifty dollars, to be recovered in a civil action brought in the name of the commissioner.
   c. The commissioner shall promptly notify the commissioner of consumer affairs of any open fire occurring at a location operated or maintained for the salvage, dumping or wrecking of motor vehicles or parts thereof.

Certainly the last thing anyone needs is for emergency personnel to be unnecessarily taxed on a major holiday (one that already involves its share of pyrotechnics), but the Chief did go on to advise contacting 911 in the event a public safety issue does arise.