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New Orleans, LA Fire Regulations: Fire Pits & Backyard Fires (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Fire pit rules in New Orleans, LA, also called outdoor burning, recreational fire, or open flame ordinances, cover fuel types, clearances, and when burning is allowed.

Key Facts

Minimum clearance from structures
10 feet
Fuel allowed
Solid fuel: wood or charcoal
Supervision required
Adult must attend at all times
Equipment standard
Must be UL-listed with spark arrester
Permit needed for compliant use
No
Max fine for a code violation
$500 / 6 months, per day

Summary

New Orleans allows recreational fires in portable chimineas and outdoor fireplaces without a burn permit, but only if an adult supervises, embers are contained by a spark arrester, the appliance is UL-listed, and it sits at least ten feet from any structure or combustible material.

307.4.3 Portable Chimneys (Chimineas) and Outdoor Fireplaces. The outdoor burning of solid fuel (e.g., wood, charcoal) in portable chimneys and outdoor fireplaces used solely for recreational purposes is allowed, provided that the following conditions are met: 1.Fire is supervised at all times by an adult and the smoke does not become a nuisance for adjacent property owners/occupants.2.Embers are contained within appliance by use of a spark arrester or similar device that prevents the embers from escaping.3.Appliance is Underwriters Laboratory (U.L.) listed.4.Appliance is used on a non-combustible surface and is a minimum of ten (10) feet away from all structures and combustible materials.

Source: Louisiana State Fire MarshalView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 116 Update 1).

Full Breakdown

3 carves recreational solid-fuel burning out from the city's general open-burning prohibition: burning wood or charcoal in a portable chiminea or outdoor fireplace used solely for recreational purposes is allowed, provided four conditions are met. An adult must supervise the fire at all times and keep smoke from becoming a nuisance to neighbors; the appliance must contain embers with a spark arrester or similar device; the appliance itself must be Underwriters Laboratory listed; and it must sit on a non-combustible surface at least ten feet from all structures and combustible materials.

3 applies specifically to chimineas and outdoor fireplaces, not to open ground fires or burn piles. 32 permit, no separate fire department permit is needed for backyard use, but the fire is still subject to enforcement as a public nuisance or a fire-code violation if it is left unattended or produces a nuisance for neighbors.

Violations & Fines

A chiminea or outdoor fireplace that lacks a spark arrester, isn't UL-listed, sits within ten feet of a structure or combustible material, or is left unsupervised or allowed to create a smoke nuisance falls outside the Section 307.4.3 allowance and is treated as prohibited open burning. General Fire Prevention Code violations under Section 109.4 carry a fine of up to $500 or up to six months imprisonment, with each day a violation continues after notice counted as a separate offense.

Frequently Asked Questions

Do I need a permit for a chiminea in New Orleans?
No. Section 307.4.3 allows recreational burning of wood or charcoal in a portable chiminea or outdoor fireplace without a separate open-burning permit, as long as it is supervised, spark-contained, UL-listed, and kept ten feet from structures.
How far from my house does a fire pit need to be?
Section 307.4.3 requires portable chimineas and outdoor fireplaces to sit at least ten feet from all structures and combustible materials, and on a non-combustible surface, with embers contained by a spark arrester.
Can my neighbor complain about smoke from my chiminea?
Yes. Section 307.4.3 conditions the allowance on the smoke not becoming a nuisance for adjacent property owners or occupants, so a fire that repeatedly smokes out neighbors can be cited even if the setback and equipment requirements are met.
What happens if my fire pit doesn't meet the rules?
A fire that isn't supervised, lacks a spark arrester, uses a non-UL-listed appliance, or sits closer than ten feet to a structure loses the Section 307.4.3 exemption and can be enforced as a Fire Prevention Code violation carrying up to a $500 fine or six months imprisonment under Section 109.4.

Sources & Official References

Other rules in New Orleans

All New Orleans rules

How New Orleans compares: Cities with the Strictest Fire Pit Rules·Compare New Orleans to another location·View the Louisiana fire regulations overview

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