Fort Myers's Fire Regulations: The Rules That Matter

Every city handles fire regulations a little differently. In Fort Myers, Florida, there are 8 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Wildfire Zones

The City of Fort Myers sits on the Caloosahatchee River in southwestern Florida. Its developed core is not within a state-designated Wildland-Urban Interface (WUI) high-risk zone, but Lee County contains substantial WUI parcels in unincorporated pine flatwoods and palmetto-dominated areas east, north, and south of the city. The Florida Forest Service Caloosahatchee Forestry Center monitors fire weather and the Keetch-Byram Drought Index for Lee County and is the AHJ for non-recreational pile burns. The 2006 Caloosahatchee Fire Complex (fueled by 2004 Hurricane Charley debris) burned over 2,000 acres in Lee County and destroyed 15 homes. Lee County selected SWCA Environmental Consultants in 2024 to develop the county's first Community Wildfire Protection Plan (CWPP).

Key details: WUI Status (city core): Not in FFS high-risk WUI zone. WUI Status (county): Substantial WUI in unincorporated Lee Co.. Florida Forest Service District: Caloosahatchee Forestry Center. Major Historical Fire: 2006 Caloosahatchee Complex (15 homes). CWPP: Lee Co. CWPP in development (SWCA 2024-).

Wildfire-related enforcement in Fort Myers happens through (1) the lot-maintenance vegetation height rule (Code Compliance abatement and lien), (2) Chapter 40 / FFPC open-burning and recreational-fire rules (Fort Myers Fire Prevention Bureau), and (3) Lee County emergency burn bans (Lee County Sheriff and Fort Myers Fire). Non-permitted pile burning is enforced by the Florida Forest Service Caloosahatchee Forestry Center.

Fireworks

Florida law (FS § 791.08, enacted by Ch. 2020-11) preempts local bans on consumer fireworks on three designated holidays: New Year's Day (January 1), Independence Day (July 4), and New Year's Eve (December 31). On those three days the City of Fort Myers cannot prohibit consumer fireworks. Outside those holidays, only 'sparklers' on the State Fire Marshal's approved list (FS § 791.01(4)) may be used; aerial and explosive fireworks (rockets, mortars, Roman candles, firecrackers) require a display permit under FS § 791.02. The Fort Myers Fire Department enforces fireworks rules under Chapter 40 of the City Code and the adopted Florida Fire Prevention Code.

Key details: State Statute: FS § 791.08 (Ch. 2020-11, Laws of FL). Permitted Holidays: Jan 1, July 4, Dec 31 only. Year-Round (sparklers): Approved sparklers only (FS § 791.01(4)). Public Display: Permit required (FS § 791.02). Penalty: First-degree misdemeanor (FS § 791.06).

Use, possession, or sale of unlawful fireworks outside the three designated holidays is a misdemeanor under FS § 791.06 (first violation: misdemeanor of the first degree). Conducting an unpermitted public display violates FS § 791.02. The Fort Myers Fire Department and Fort Myers Police Department enforce. Contact Fire Prevention Bureau: 239-321-7350.

Brush Clearance

The City of Fort Myers requires lawns, grass, weeds, and underbrush on all property in the city - including the abutting public right-of-way - to be kept cut to no more than 12 inches in height. The standard is administered by Fort Myers Code Compliance (Community Development Department). Vacant and overgrown lots are among the most commonly cited code violations in Fort Myers. If the owner does not abate, the city will cut the vegetation and lien the cost against the property. Lee County contains designated Wildland-Urban Interface (WUI) areas mapped by the Florida Forest Service, particularly in unincorporated pine flatwoods and palmetto-dominated parcels east and north of the city, and the 2006 Caloosahatchee Fire Complex destroyed 15 homes and burned 2,000 acres in Lee County.

Key details: Height Limit: 12 inches maximum. Coverage: All property + abutting right-of-way. Enforcement: Fort Myers Code Compliance. Remedy: Notice; city abatement; lien. Florida Forest Service District: Caloosahatchee Forestry Center.

Code Compliance issues a notice of violation requiring the owner to cut vegetation within the compliance period. If not abated the city contracts the work and recovers cost as a lien against the property. Continuing violations may be cited daily. Vacant lots can also be liened for repeated mowing cycles each season.

Backyard Fires

Backyard fires in Fort Myers are limited to recreational fires (3 feet diameter, 2 feet height of natural firewood, 25 feet from structures, attended) and portable outdoor fireplaces operated per manufacturer instructions with a 15-foot clearance, under the Florida Fire Prevention Code (8th Edition, NFPA 1, 2021) adopted via Fort Myers Code Chapter 40. Burning yard waste, household trash, treated wood, plastics, or construction debris is prohibited under Florida Administrative Code 5I-2.004. Cooking grills and barbecues are exempt. Bonfires (larger than the recreational-fire size) require a permit and pre-ignition site inspection by the Fort Myers Fire Department fire marshal or designee. When Lee County declares an emergency burn ban under Ordinance 18-09 (KBDI ≥ 600), all backyard fires (other than cooking grills) are prohibited.

Key details: Recreational Fire Max: 3 ft diameter x 2 ft height. Recreational Fire Setback: 25 ft from structures/combustibles. Portable Outdoor Fireplace Setback: 15 ft (manufacturer instructions). Bonfire: Permit + fire marshal site inspection. Burn Ban Override: Lee Co. Ord. 18-09 (KBDI ≥ 600).

Violations are enforced by the Fort Myers Fire Department under Chapter 40 and the FFPC. The fire marshal or designee may order an unlawful or oversized backyard fire extinguished. Permit-required bonfires conducted without a permit, fires burning prohibited materials, and fires conducted during a Lee County emergency burn ban may all be cited. Contact Fort Myers Fire Prevention Bureau at 239-321-7350.

Outdoor Burning

Outdoor burning in Fort Myers is governed by Chapter 40 of the City Code, the Florida Fire Prevention Code (8th Edition, NFPA 1, 2021), and Florida Administrative Code 5I-2 (Florida Forest Service - Open Burning). Recreational fires (3 ft x 2 ft of natural firewood) are allowed without a permit when no burn ban is in effect. Yard-waste and household-trash burning is prohibited under FAC 5I-2.004. Non-residential pile burning requires authorization from the Florida Forest Service Caloosahatchee Forestry Center. Lee County Ordinance 18-09 authorizes the Board of County Commissioners to declare an emergency burn ban prohibiting all outdoor ignition sources (other than cooking grills) when the Keetch-Byram Drought Index reaches 600 or higher; the ban applies inside Fort Myers city limits.

Key details: City Code: Fort Myers Ch. 40 (Fire Prevention). State Code: FFPC 8th Ed. (NFPA 1, 2021); FAC 5I-2. Burn Ban Authority: Lee Co. Ord. 18-09 (KBDI ≥ 600). Prohibited Fuels: Garbage, tires, plastics, treated wood (FAC 5I-2.004). Cooking Grills: Exempt from burn ban.

Open burning of prohibited materials violates FAC 5I-2.004 and may be enforced by both the Florida Forest Service and the Fort Myers Fire Department. Burning during a Lee County emergency burn ban violates Lee County Ordinance 18-09 and is enforced by Lee County Sheriff's Office and Fort Myers Fire Department/Police. FFPC violations are subject to FS § 633.228 penalties and city code enforcement. Contact Fort Myers Fire Prevention Bureau at 239-321-7350.

Fire Pit Rules

Fort Myers enforces fire pit rules through the Florida Fire Prevention Code (FFPC), 8th Edition (2023), which adopts NFPA 1, 2021 with Florida-specific amendments and became effective December 31, 2023. The City of Fort Myers Code of Ordinances Chapter 40 (Fire Prevention and Protection) is administered by the Fort Myers Fire Department Community Risk Reduction / Fire Prevention Bureau at 2033 Jackson Street. Under NFPA 1 recreational-fire provisions, fire pits must be three feet or less in diameter and two feet or less in height, kept at least 25 feet from any structure or combustible material, burn only seasoned natural firewood, and be attended until fully extinguished. Cooking fires in a grill or barbecue are exempt. During a Lee County emergency burn ban (KBDI ≥ 600 under County Ordinance 18-09) recreational fires are prohibited countywide, including inside Fort Myers city limits.

Key details: Max Fuel Area: 3 ft diameter x 2 ft height (NFPA 1). Setback: 25 ft from structures/combustibles. Allowed Fuel: Seasoned natural firewood only. Code Cite: FFPC 8th Ed. (NFPA 1, 2021); Fort Myers Ch. 40. Burn Ban Trigger: Lee Co. Ord. 18-09 (KBDI ≥ 600).

Recreational-fire violations are enforced by the Fort Myers Fire Department under Chapter 40 of the Fort Myers Code of Ordinances and the adopted FFPC. The fire marshal or designee may order an unlawful or oversized fire extinguished. Violations of the FFPC are subject to penalties under FS § 633.228 and city code enforcement procedures. Burning during a Lee County declared emergency burn ban (Ordinance 18-09) carries additional county-level penalties. Contact the Fire Prevention Bureau at 239-321-7350.

Propane Storage

Propane / LP-gas storage in Fort Myers is regulated by the Florida Fire Prevention Code (8th Edition) Chapter 69 incorporating NFPA 58 (Liquefied Petroleum Gas Code), and by Florida Statute Chapter 527 (Sale of Liquefied Petroleum Gas). The Fort Myers Fire Department Fire Prevention Bureau enforces under Chapter 40 of the City Code. Florida law (FS § 718.113(7) and FFPC amendments enacted in 2018) permits LP-gas grills on condominium and multifamily balconies under specified conditions, modifying the prior NFPA 1 ban. Bulk LP-gas installations, dispensing, and commercial sales require licensure by the Florida Department of Agriculture and Consumer Services Bureau of LP Gas Inspection under FS Chapter 527 and a Fort Myers Fire Department permit.

Key details: Code Cite: FFPC 8th Ed. (NFPA 1 Ch. 69 + NFPA 58) via Fort Myers Ch. 40. Condo Balcony Grills: Permitted by FS § 718.113(7) (Ch. 2018-96). State Licensure: FS Ch. 527 (FDACS Bureau of LP Gas Inspection). 20-lb Tanks: Outdoor upright storage only; no indoor. Commercial Install: Fort Myers Fire Department permit required.

Improper storage, unpermitted commercial installation, or unlicensed dispensing of LP-gas violates the FFPC (Fort Myers Code Chapter 40) and may also violate FS Chapter 527. Enforcement is by the Fort Myers Fire Department Fire Prevention Bureau (city) and the Florida Department of Agriculture and Consumer Services Bureau of LP Gas Inspection (state). FFPC penalties under FS § 633.228 apply.

Smoke Detectors

Smoke alarms in Fort Myers are required under the Florida Building Code as administered by the Fort Myers Building Department and the Fort Myers Fire Department, and under Florida Statute 553.883. New construction and substantial alterations require hard-wired, interconnected smoke alarms with battery backup in every sleeping room, outside each separate sleeping area, and on every level of the dwelling including basements. Effective January 1, 2015, any newly installed or replacement battery-powered smoke alarm in a one- or two-family dwelling or townhome must be powered by a non-removable, non-replaceable battery rated to power the alarm for at least 10 years. The Fort Myers Fire Department Fire Prevention Bureau enforces under Chapter 40 of the City Code and the Florida Fire Prevention Code.

Key details: State Statute: FS § 553.883 (10-year sealed battery). Florida Building Code: 8th Ed. (2023) FBC-R smoke alarm provisions. Required Locations: Each bedroom + outside sleeping areas + each level. New Construction: Hard-wired, interconnected, battery backup. CO Alarms: FS § 553.885 (new construction w/ fossil-fuel appliances).

Missing or inoperative smoke alarms in a regulated dwelling violate the Florida Building Code and FS § 553.883; violations may be cited by the Fort Myers Building Department (construction phase) or Fort Myers Fire Department (occupied buildings). FFPC violations are subject to penalties under FS § 633.228 and Fort Myers Code Chapter 40 enforcement. Contact Fort Myers Fire Prevention Bureau at 239-321-7350.

This is not one of those rules that cities tend to ignore. Fort Myers actively enforces its smoke detectors requirements.

The Bottom Line

Fort Myers's fire regulations rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Fort Myers is broadly strict or permissive.

All of the above reflects Fort Myers's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.