Fire pit rules in Fort Smith, AR β also called outdoor burning, recreational fire, or open flame ordinances β cover fuel types, clearances, and when burning is allowed.
Fort Smith (Sebastian County, population approximately 89,000) regulates residential fire pits and outdoor recreational fires through the city's open-burning ordinance and the Arkansas Fire Prevention Code (2021 edition, based on the 2021 International Fire Code). Recreational fire devices must be at least 25 feet from any structure, no larger than 3 feet in diameter or 2 feet high, burn only seasoned wood, be continuously attended, and use a spark screen.
Fort Smith bans general open burning by local ordinance, but the Fire Department permits outdoor fireplaces, fire pits, chimineas, and other recreational fire devices under specific conditions published by the Fort Smith Fire Department (479-783-4052) and consistent with Arkansas Fire Prevention Code 2021 Section 307 (Open Burning, Recreational Fires and Portable Outdoor Fireplaces). The local recreational-fire rules require: (1) the fire device must be at least 25 feet from any structure, overhang, tree, vegetation, decking, porch, shed, fence, or adjacent property; (2) the fire size must not exceed 3 feet in diameter or 2 feet in height; (3) only seasoned natural wood may be burned - no other combustible materials such as leaves, brush, treated wood, plastic, or household debris are allowed; (4) the fire must be continuously attended by the adult property owner or other responsible party; and (5) the fire must be protected by a spark screen to contain flying ash, sparks, or embers. Outdoor recreational burning is prohibited whenever wind speeds exceed 15 mph and when Sebastian County has issued a burn ban. Listed gas-fired patio fire bowls and barbecue grills are not subject to the 25-foot recreational-fire setback, but must follow manufacturer clearances and Arkansas Fire Prevention Code Chapter 61 (Liquefied Petroleum Gases). The Arkansas Fire Prevention Code is published by the Arkansas State Police - State Fire Marshal's Office under A.C.A. Section 12-13-101 et seq. and adopts the 2021 International Fire Code with Arkansas amendments.
Recreational fires that exceed the 25-foot setback, the 3-foot by 2-foot size limit, or that burn during a burn ban or with winds over 15 mph violate the local open-burning ordinance and the Arkansas Fire Prevention Code. Violations are enforced by the Fort Smith Fire Department and Code Enforcement under the General Penalty (Fort Smith Code Section 1-9), typically fines up to $500 per offense and up to 30 days in jail, with each day a continuing violation chargeable as a separate offense. Recklessly causing a fire that damages property may also trigger criminal arson liability under A.C.A. Section 5-38-301.
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