Apex, NC Fire Regulations: Fire Pit Rules (2026)

Apex Code of Ordinances Chapter 9 (Fire Prevention), Sec. 9-47 (Patio wood-burning units) provides that no person shall install, use, or maintain a patio wood-burning unit in the town except that such units are permitted provided they are located on a noncombustible surface and located a minimum distance of 20 feet from the residence or any raised structure. The Apex Fire Department clarifies that outdoor masonry fireplaces constructed in the same manner as indoor residential fireplaces are also allowed, and that only clean wood may be burned in these appliances - yard waste is not to be burned but rather placed curbside for pickup. Any other type of open burning or outdoor fire is strictly prohibited inside Apex without Apex Fire Department approval or permit (the related campfire rule at Sec. 9-48 imposes stricter setbacks). Enforcement of the North Carolina Fire Prevention Code is administered by the Town of Apex Fire Department (Fire Marshal line 919-367-4055; non-emergency 919-362-4001). North Carolina is currently operating under the 2018 NC State Building Code (which includes the 2018 NC Fire Code based on the 2015 IFC); the 2024 NC State Building Code was further delayed by S.L. 2025-2 with the earliest possible effective date of July 31, 2026. Apex sits within Wake County; burn permits for sites outside the town limits are issued by the NC Forest Service (Wake County office 919-841-4046), not by the Apex Fire Department.