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Enforcement and Penalties

The following information provides an overview of penalties and enforcement actions related to arson, outdoor burning, and the use of explosive devices, including fireworks.

The City of Amarillo ordinance states that grills, outdoor fireplaces, and similar open-flame devices cannot be used on wooden balconies, decks, or within 10 feet of anything that can catch fire.

Recommended to have nearby:

  • A 2A:10B – Fire extinguisher
  • A garden hose

Arson is a serious crime and a felony in Texas. Amarillo Deputy Fire Marshals investigate intentional fires and seek criminal charges. Arson includes deliberately starting a fire or causing an explosion that damages property, like buildings, vehicles, or land. Penalties are harsher if it results in injury, death, or major property damage. For more details, refer to the Texas Penal Code on Arson.

Outdoor burning becomes criminal and is subject to penalties when it violates local regulations or endangers people, property, or the environment.

Criminal outdoor burning includes the following situations:

  • Improper or Prohibited Use of Appliances: Using devices like chimineas, gas, and charcoal grills for burning rubbish, trash, or combustible materials
  • Burning Copper Wire: Illegally burning copper wire to remove insulation.
  • Emission of Harmful Contaminants: Intentionally, knowingly, or recklessly emitting air contaminants that place others in imminent danger of serious harm, without following proper safety codes or obtaining the necessary permits.

Legal Classification and Penalties

  • Felony Outdoor Burning – Intentional/Knowing
    It is a felony if someone knowingly emits air contaminants, endangering others, without following safety codes or having the necessary permits.

  • Felony Outdoor Burning – Reckless
    It’s a felony if someone recklessly emits air contaminants, endangering others, even if it’s unintentional.

For more detailed legal definitions and penalties, you can view the full Texas Code.

◼ Click here to view Texas Water Code Statutes

  • Section 7.182 – Reckless Emission of Air Contaminant and Endangerment
  • Section 7.183 – Intentional or Knowing Emission of Air Contaminant and Knowing Endangerment

A Molotov Cocktail is classified as an “Explosive Device” and is illegal to possess. If an explosive device like a Molotov Cocktail is used in the commission of a crime, it will be thoroughly investigated by the Amarillo Fire Marshal’s Office and the Amarillo Police Department Bomb Squad.

For more details, you can view the relevant Texas Penal Code:

The possession, manufacture, storage, sale, handling, and use of fireworks are strictly prohibited within the city limits of Amarillo. The Fire Marshal, City Marshal, and Police Department are authorized to seize and destroy any fireworks found in violation of this rule. If you are found using or possessing fireworks within the city, you will be cited.

◼ Click here to view City of Amarillo Ordinances on fireworks.

City Ordinance Fireworks Definitions

  • Fireworks: Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration or detonation that meets the definition of 1.4G fireworks or 1.3G fireworks.

  • Fireworks 1.4G: Small firework devices containing limited amounts of pyrotechnic composition, designed primarily to produce visible or audible effects by combustion. These fireworks comply with DOT regulations and require an external heat source for ignition or activation.

Fireworks Display Exceptions

While the general use of fireworks is prohibited within the city limits, there are specific exceptions for approved fireworks displays. This includes storage and handling, as long as safety requirements outlined in the relevant sections of the fire code are met.

To legally conduct a fireworks display, proper permits must be obtained, ensuring that all safety standards in Section 5608 of the fire code are followed.

Unsafe structures

The Fire Marshal’s Office utilizes the International Fire Code 2021 to identify unsafe structures. For further information about unsafe structures, contact our office at 806-378-4238.

IFC 114.1 Unsafe Structures or Equipment 

If during the inspection of a premises, a structure, or any building system, in whole or in part, constitutes a clear and inimical threat to human life, safety or health, the fire code official shall issue such notice or orders to remove or remedy the conditions as shall be deemed necessary in accordance with this section, and shall refer the building to the building official for any repairs, alterations, remodeling, removing or demolition required.

IFC 114.1.1 Unsafe Conditions 

Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress, inadequate light and ventilation, or that constitute a fire hazard, are otherwise dangerous to human life or the public welfare, or involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the fire code official deems necessary and as provided for in this section. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe. 

IFC 114.1.2 Structural Hazards 

Where an apparent structural hazard is caused by the faulty installation, operation or malfunction of any of the items or devices governed by this code, the fire code official shall immediately notify the building code official in accordance with Section 114.1

IFC 114.2 Evacuation 

The fire code official or the fire department official in charge of an incident shall be authorized to order the immediate evacuation of any occupied structure deemed unsafe where such structure has hazardous conditions that pose an imminent danger to structure occupants. Persons so notified shall immediately leave the structure or premises and shall not enter or re-enter until authorized to do so by the fire code official or the fire department official in charge of the incident.