Backyard ground-level recreational fires in Chapel Hill are regulated by the NC Fire Prevention Code Sec. 307.4.2 as adopted by Chapter 7 Article II of the Chapel Hill Code of Ordinances. A recreational fire is defined as a fire started for religious, ceremonial, cooking, or warmth purposes; the pile of materials shall not exceed 3 feet in diameter and 2 feet in height; the fire shall be located at least 25 feet from any structure or combustible material; conditions which could cause a fire to spread within 25 feet of a structure shall be eliminated prior to ignition; fires shall be constantly attended until extinguished; and approved fire extinguishing equipment (a 4-A portable extinguisher, garden hose, dirt or sand) shall be available for immediate use. A portable outdoor fireplace (manufactured fire pit, chiminea) at a 1- or 2-family dwelling must be at least 15 feet from a structure or combustible material under Sec. 307.4.3 and used only in accordance with the manufacturer's instructions. Only clean wood may be burned - yard waste, leaves, and trash are prohibited inside Chapel Hill town limits under Orange County / NC DEQ rules. No permit is required from the Chapel Hill Fire Department for a code-compliant recreational fire or portable outdoor fireplace.
Chapter 7 Article II (Fire Prevention Code) of the Chapel Hill Code of Ordinances adopts the NC Fire Prevention Code by reference (Sec. 7-15). The operative recreational-fire standard is NC Fire Code Sec. 307.4.2: a recreational fire is a fire for pleasure, religious, ceremonial, cooking, warmth or similar purposes, not more than 3 feet in diameter and 2 feet in height, fueled by clean wood or charcoal. The fire shall be located at least 25 feet from any structure or combustible material, conditions which could cause a fire to spread within 25 feet of a structure shall be eliminated prior to ignition, the fire shall be constantly attended until extinguished, and a minimum of one portable fire extinguisher with a minimum 4-A rating, or other approved on-site fire extinguishing equipment such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate use. NC Fire Code Sec. 307.4.3 (portable outdoor fireplaces) provides that portable outdoor fireplaces (manufactured terra cotta, metal or composite fireplaces and chimineas) shall be used in accordance with the manufacturer's instructions and shall not be operated within 15 feet of a structure or combustible material at one- and two-family dwellings, and shall not be operated within 15 feet of a structure or combustible material at other than one- and two-family dwellings. The Chapel Hill Fire Department Fire Marshal (Chris Wells, 919-968-2781) is the local enforcing authority. Only clean wood may be burned; yard waste, leaves, and trash are prohibited inside Chapel Hill town limits under Orange County's rule (illegal to burn yard debris or leaves within the Town limits of Chapel Hill/Carrboro/Hillsborough) and under 15A NCAC 02D .1900. Statewide or Orange County burn bans (issued by NCDA&CS or NC Forest Service under NCGS Chapter 113) suspend all backyard fires for the duration of the ban. On UNC-Chapel Hill property, open flame (including private grills) is prohibited without a permit from the UNC Fire Marshal regardless of NC Fire Code allowances.
NC Fire Code Sec. 307.4.2 and 307.4.3 violations are enforced by the Chapel Hill Fire Department Fire Marshal's Office (919-968-2781). Common violations: recreational fires larger than 3 ft x 2 ft, fires located within 25 ft of any structure or combustible material, portable outdoor fireplaces (chimineas, manufactured patio fire pits) used within 15 ft of a structure, fires not constantly attended, fires without on-site extinguishing equipment, burning of yard waste/leaves/trash/treated wood, or fires conducted during an active burn ban. Active illegal burning inside Chapel Hill town limits should be reported to 911. The Chapel Hill Fire Department may dispatch suppression units to extinguish unlawful or uncontrolled fires and the responsible party may be billed for response costs. Civil and criminal penalties under the NC Fire Prevention Code also apply.
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