Fire Pit Rules: Apex vs Cary
How do fire pit rules rules compare between Apex, NC and Cary, NC?
Apex and Cary have similar restriction levels.
Apex, NC
Wake County
The Town of Apex regulates outdoor recreational fire under Chapter 9 (Fire Prevention) of the Apex Code of Ordinances. Sec. 9-47 expressly permits patio wood-burning units (manufactured outdoor fire pits, chimineas) provided they are located on a noncombustible surface and at least 20 feet from the residence or any raised structure. Outdoor masonry fireplaces constructed in the same manner as indoor residential fireplaces are also permitted. Only clean wood may be burned in the device; yard waste must be placed curbside for pickup, not burned. Any other open burning or outdoor fire is strictly prohibited inside Apex town limits without Apex Fire Department approval or permit. The Apex Fire Department enforces the North Carolina Fire Prevention Code (currently the 2018 NC Fire Code, based on the 2015 IFC; the 2024 NC Fire Code is delayed and the earliest effective date is July 31, 2026 per S.L. 2025-2).
View full Apex rules →Cary, NC
Wake County
Cary allows portable outdoor fireplaces without a permit. Recreational fires must be at least 25 feet from structures. Portable fireplaces at one- and two-family homes are exempt from the 15-foot commercial setback.
View full Cary rules →Key Facts Comparison
| Fact | Apex | Cary |
|---|---|---|
| Code Cite | Apex Code Ch. 9, Sec. 9-47 | - |
| Patio Unit Setback | 20 ft from residence/raised structure | - |
| Surface Requirement | Noncombustible surface required | - |
| Fuel Allowed | Clean wood only (no yard waste/trash) | - |
| Fire Marshal Contact | Apex Fire 919-367-4055 / 919-362-4001 | - |
| Recreational Fire Setback | - | 25 feet from structures |
| Portable Fireplace (residential) | - | No 15-foot setback required |
| Permit Required | - | No — for portable fireplaces |
| Attendance | - | Must be attended at all times |
Highlighted rows indicate differences between cities.
Apex FAQ
Can I have a backyard fire pit in Apex, NC?
Yes. Apex Code of Ordinances Sec. 9-47 permits patio wood-burning units (manufactured fire pits, chimineas) provided they sit on a noncombustible surface and are at least 20 feet from the residence or any raised structure. Outdoor masonry fireplaces built like indoor residential fireplaces are also allowed. Only clean wood may be burned - yard waste must go curbside. Campfires (open ground fires not in an appliance) are subject to the stricter Sec. 9-48 rule.
Do I need a permit for a fire pit in Apex?
No permit is required for a code-compliant patio wood-burning unit under Sec. 9-47 (20 ft from any structure, noncombustible surface, clean wood only). Any other open burning or outdoor fire inside Apex town limits requires Apex Fire Department approval or a permit. The NC Forest Service issues burn permits for areas outside the town limits (Wake County NCFS office 919-841-4046).
What fire code does Apex NC enforce?
The Apex Fire Department enforces the North Carolina Fire Prevention Code under Chapter 9 of the Apex Code of Ordinances (919-367-4055). North Carolina is currently on the 2018 NC State Building Code, which includes the 2018 NC Fire Code based on the 2015 IFC. The 2024 NC State Building Code is delayed; per S.L. 2025-2 the earliest effective date is July 31, 2026.
Cary FAQ
Can I have a fire pit in my backyard in Cary, NC?
Yes. Portable outdoor fireplaces don't need a permit at residences. Recreational fires must be 25 feet from structures with a means of extinguishment nearby.
How far must a fire pit be from my house in Cary?
Recreational fires must be at least 25 feet from any structure or combustible material. Portable fireplaces at residential homes are exempt from the commercial 15-foot rule.
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