Define: Open Flame
In a contract, Open Flame refers to any device or activity producing an unenclosed flame or spark, such as candles, torches, grills, welding equipment, or exposed heating elements. The term is typically used in leases, insurance policies, and venue or facilities agreements to restrict or prohibit such fire hazards to protect people, property, and insurance coverage.
Legal accuracy standard set & glossary spot-checked by Imad Mohammed Nazar , Skadden-trained M&A lawyer, Legal Engineer at GenieAI
What Open Flame Means in a Contract
Open Flame is a defined term used in agreements to identify sources of unenclosed fire or spark that pose a risk of ignition, burns, or property damage. It typically covers candles, torches, grills, burners, welding tools, and any device with an exposed heating unit. The definition is deliberately broad so that it captures both decorative and functional sources of fire, rather than listing every conceivable item.
Contracts use this term to allocate responsibility for fire safety between parties, most often a landlord and tenant, a venue and an event organizer, or an insurer and a policyholder. By naming Open Flame explicitly, the drafter avoids ambiguity about whether a specific item, such as a sterno burner or a propane heater, falls within a general prohibition on fire hazards.
Because the term touches on safety, insurance, and regulatory compliance, it is rarely left undefined in agreements where fire risk is material. Its presence signals that the parties have turned their minds to a specific category of risk rather than relying on vague references to fire hazards generally.
How Open Flame Is Defined or Measured
Most contractual definitions of Open Flame describe it functionally rather than by exhaustive list. The core test is usually whether a device or activity produces a visible, unenclosed flame or spark, as opposed to a fully enclosed or contained heat source such as an electric radiator with no exposed element.
Typical inclusions found in drafting are:
- Candles, incense, and decorative torches
- Outdoor grills, barbecues, and fire pits
- Gas or propane burners and stoves
- Welding, soldering, or cutting equipment
- Any heating device with an exposed coil or flame element
Some agreements refine the definition further by reference to local fire codes or the standards set by an insurer, since what counts as an acceptable enclosed flame device can vary depending on the venue type and applicable safety regulations. Where the contract does not tie the definition to an external standard, courts or arbitrators interpreting the clause will generally apply an ordinary, common-sense reading of what constitutes an open flame.
Where Open Flame Appears in Agreements
The term appears most frequently in commercial leases, venue hire agreements, event contracts, and insurance policies. In a lease, a landlord may prohibit tenants from using open flame devices inside a building to reduce fire risk and protect the insurability of the property, an issue closely tied to broader lease negotiations such as those discussed in guidance on Relevant Circumstances
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