Durham, NC Fire Regulations: Fire Pits & Backyard Fires (2026)

Section 46-84(a) adopts the Fire Prevention Code of the North Carolina State Building Code, with local amendments, as controlling within Durham's city limits, substituting the corresponding city official wherever the code names a responsible official. Section 46-84(b)(1) then amends that adopted code to prohibit burning leaves, brush, trash, or any other refuse within the jurisdiction of the City of Durham: a blanket rule that covers the ordinary backyard practice of burning raked leaves or yard brush, with no separate allowance based on lot size or distance from structures.

, is for commercial contractors clearing large open areas, and only if the burn is properly permitted by the City of Durham Fire Prevention Division and conducted in accordance with local air-quality burning regulations. The Bureau of Fire Prevention, operating within the fire department under the fire chief's supervision, enforces the fire prevention code and details fire department members as inspectors as needed (Sec. 46-83). Violations of the fire prevention code, including this open-burning prohibition, are misdemeanors under Sec. 46-88(a), with each ten days a prohibited condition continues counted as a separate offense.

As an alternative, Sec. 46-88(e) authorizes the city manager, on the fire chief's recommendation, to assess a civil penalty of up to $250 per day (capped at $5,000 cumulative) for an ordinary violation, or up to $500 per day (capped at $10,000) for a willful one, appealable to the city council within ten days.