Fairfax County, VA Fire Regulations: Fire Pits & Backyard Fires (2026)

Section 307.4.4, added to the Virginia Statewide Fire Prevention Code by County amendment, targets "outdoor fireplaces, fire pits, chimineas, and other similar portable devices designed for outdoor use." None of them may be operated or stored on a balcony or deck of any structure, or within 15 feet of combustible construction or a residential occupancy, unless the property is a detached one- or two-family dwelling or a townhouse, which the section exempts outright. A separate provision, Section 307.2, generally requires a permit from the fire official before kindling a bonfire or controlled burn, but its first listed exception carves out "recreational fires" entirely, so an ordinary backyard fire pit or chiminea does not need a burn permit; the setback rule in 307.4.4 still applies regardless.

Section 307.5.1 layers on a separate duty: no person may kindle, authorize, or maintain any permitted fire in a manner that endangers a neighboring property, independent of whether the fire itself was lawfully started. The Fire Marshal's Office, part of the Fairfax County Fire and Rescue Department, enforces these provisions and investigates complaints; the Fairfax County Board of Building and Fire Prevention Code Appeals hears challenges to fire official determinations under Section 112.1.1. Table 107.2 sets the general fee and duration schedule for fire prevention permits, running 365 days unless otherwise noted, but recreational fire pits fall outside that permit table entirely because of the 307.2 exception.