Fort Smith's Fire Regulations: The Rules That Matter

Every city handles fire regulations a little differently. In Fort Smith, Arkansas, there are 6 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.

Fire Pit Rules

Fort Smith (Sebastian County, population approximately 89,000) regulates residential fire pits and outdoor recreational fires through the city's open-burning ordinance and the Arkansas Fire Prevention Code (2021 edition, based on the 2021 International Fire Code). Recreational fire devices must be at least 25 feet from any structure, no larger than 3 feet in diameter or 2 feet high, burn only seasoned wood, be continuously attended, and use a spark screen.

Key details: State Code: Arkansas Fire Prevention Code 2021 (IFC 307). Setback from Structures: 25 ft minimum. Max Fire Size: 3 ft diameter / 2 ft height. Wind Cutoff: Prohibited above 15 mph. Fire Department: (479) 783-4052.

Recreational fires that exceed the 25-foot setback, the 3-foot by 2-foot size limit, or that burn during a burn ban or with winds over 15 mph violate the local open-burning ordinance and the Arkansas Fire Prevention Code. Violations are enforced by the Fort Smith Fire Department and Code Enforcement under the General Penalty (Fort Smith Code Section 1-9), typically fines up to $500 per offense and up to 30 days in jail, with each day a continuing violation chargeable as a separate offense. Recklessly causing a fire that damages property may also trigger criminal arson liability under A.C.A. Section 5-38-301.

Outdoor Burning

General open burning is prohibited inside the City of Fort Smith. The local fire ordinance bars bonfires, rubbish fires, leaf burning, residential debris fires, and construction or demolition debris fires anywhere within city limits. Only narrow exceptions apply: small recreational fires meeting the 3-foot by 2-foot rule, and Commercial Burn Permits issued by the Fort Smith Fire Marshal for large land clearing, controlled forest or wildlife management, fire-training, or ceremonial purposes.

Key details: Local Authority: Fort Smith Fire Prevention Ordinance. State Code: Arkansas Fire Prevention Code 2021 (Sec. 307). State Air Rule: DEQ Regulation 18. Burn Permit Authority: Fort Smith Fire Marshal. Wind / Burn-Ban Cutoff: >15 mph or county burn ban.

Open burning in violation of the Fort Smith ordinance and the Arkansas Fire Prevention Code is enforced by the Fort Smith Fire Department and Police Department. Under the general penalty (Section 1-9), fines run up to $500 per offense plus up to 30 days in jail per A.C.A. Section 14-55-504, with each day of continuing violation chargeable separately. Arkansas DEQ can separately assess civil penalties up to $10,000 per day per violation under A.C.A. Section 8-4-103 of the Arkansas Water and Air Pollution Control Act. Causing a wildfire or property damage may also lead to criminal arson liability under A.C.A. Section 5-38-301 (Class A misdemeanor through Class A felony depending on damage).

Compared to other cities, Fort Smith takes a harder line on outdoor burning. The enforcement and penalty structure reflects that.

Wildfire Zones

Fort Smith has no city-designated Wildfire Hazard Severity Zone. Arkansas has not adopted IFC Chapter 49 (Requirements for Wildland-Urban Interface Areas) or the International Wildland-Urban Interface Code at the state level, and Fort Smith has not adopted them locally. Sebastian County overall wildfire risk is rated low-to-moderate by the USDA Forest Service Wildfire Risk to Communities tool, although the nearby Ouachita National Forest sees regular prescribed burns.

Key details: WHSZ Adopted: No (not adopted in AR or Fort Smith). IFC Ch. 49 Adopted: No (not in AR Fire Prevention Code 2021). IWUIC Adopted: No. Sebastian County Risk: Low-to-moderate (USDA WRC). State Forestry Program: Voluntary Firewise USA.

Because there is no adopted WHSZ in Arkansas or Fort Smith, there are no wildfire-zone-specific violations or fines. The underlying open-burning, vegetation-height, and Arkansas Fire Prevention Code requirements are still enforced by the Fort Smith Fire Department and Neighborhood Services, and Arkansas DEQ can assess civil penalties up to $10,000 per day for prohibited open burning under A.C.A. Section 8-4-103. State Forestry burn-season restrictions also apply during high-risk periods.

Fort Smith is more permissive than most cities when it comes to wildfire zones. That said, there are still limits.

Fireworks

Consumer fireworks are prohibited within the City of Fort Smith. Although Arkansas state law (A.C.A. Section 20-22-701 et seq., the Arkansas Fireworks Law) permits the retail sale and use of consumer fireworks statewide from June 20 through July 10 and December 10 through January 5, A.C.A. Section 20-22-708 expressly preserves the authority of cities to ban or further restrict fireworks, and Fort Smith Municipal Code prohibits offering for sale, selling, or using any fireworks inside the city.

Key details: City Limits Rule: All consumer fireworks prohibited. State Law: A.C.A. Sec. 20-22-701 et seq.. Municipal Authority: A.C.A. Sec. 20-22-708. Public Display Permit: Per A.C.A. Sec. 20-22-702. General Penalty: Up to $500 / 30 days.

Use, sale, or possession of fireworks within Fort Smith is a misdemeanor enforced by the Fort Smith Police Department and Fire Marshal. Under the Fort Smith Code general penalty (Section 1-9), fines run up to $500 per offense with up to 30 days in jail, and the fireworks may be confiscated. Each separate firework discharged may be a separate offense. Causing a fire by discharging fireworks may also trigger arson or reckless burning liability under A.C.A. Section 5-38-301 or Section 5-38-302 (Class D felony for $1,000-plus damage). Public display permits issued without the local and state Fire Marshal approvals are void.

This is one of the stricter rules in Fort Smith's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Brush Clearance

Fort Smith does not have a California-style defensible-space program. Fire-fuel vegetation is controlled instead through the nuisance ordinance in Fort Smith Code Chapter 16, which requires that grass and weeds on residential lots not exceed 6 inches in height, and that weeds and grasses on adjoining unopened rights-of-way, easements, and alleys not exceed 10 inches. Sebastian County's overall wildfire risk is rated low-to-moderate by the USDA Forest Service.

Key details: Residential Vegetation Height: 6 inches maximum. Right-of-way Vegetation Height: 10 inches maximum. Code Authority: Fort Smith Code Chapter 16 (Nuisances). Enforcement: Fort Smith Neighborhood Services. Sebastian County Wildfire Risk: Low-to-moderate (USDA WRC).

Failing to mow grass and weeds below the 6-inch (or 10-inch right-of-way) limit is a Chapter 16 nuisance violation. Fort Smith Neighborhood Services issues a Notice of Violation; if the owner does not abate within the stated period, the city contracts a mower and bills the cost back to the owner as a special assessment under A.C.A. Section 14-54-904 (municipal authority to abate nuisances and assess costs), with the unpaid bill becoming a lien on the property. Repeat violations also trigger escalating administrative fines under the general penalty (Section 1-9), typically up to $500 per offense and up to 30 days in jail per A.C.A. Section 14-55-504.

Propane Storage

Propane (LP-gas) storage in Fort Smith is governed by the Arkansas Fire Prevention Code 2021 Chapter 61 (Liquefied Petroleum Gases), which adopts the 2021 IFC LP-gas rules and references NFPA 58 (Liquefied Petroleum Gas Code) for setbacks. Above-ground residential tanks up to 125 gallons water capacity must be at least 10 feet from any important building, and aggregate residential storage on R-3 (single-family) lots is capped at 500 pounds water capacity (about 125 gallons of propane).

Key details: State Code: Arkansas Fire Prevention Code 2021 Ch. 61. Referenced Standard: NFPA 58 LP-Gas Code. Residential Aggregate Limit: 500 lb water capacity (R-3). Tank Setback (=125 gal): 10 ft from buildings. Balcony Cylinder Limit: Single 20-lb cylinder (multifamily).

Exceeding the 500-pound aggregate residential limit, violating NFPA 58 setbacks, or operating without a required Fire Marshal permit is an AFPC violation enforceable by the Fort Smith Fire Department under the local fire ordinance. Penalties under the general penalty (Section 1-9) run up to $500 per offense and up to 30 days in jail per A.C.A. Section 14-55-504, plus an order to remove non-compliant tanks at the owner's expense. The Arkansas LP Gas Board can separately suspend or revoke installer licenses under A.C.A. Section 15-75-301 et seq. and assess civil penalties.

The Bottom Line

Fort Smith is tougher than many cities when it comes to fire regulations. Out of the 6 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Fort Smith, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

These rules come from Fort Smith's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.