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Waco, TX 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 Waco, TX, also called outdoor burning, recreational fire, or open flame ordinances, cover fuel types, clearances, and when burning is allowed.

Key Facts

Stove/oven/barbecue pit setback
10+ feet from adjoining building
Open ground cooking fire setback
50+ feet from nearest structure
Attendance
constantly watched until extinguished
Extinguishing equipment
garden hose or extinguisher required on-site
Permit needed
no, for a compliant cooking fire

Summary

A backyard stove, oven or barbecue pit used outdoors in Waco must sit at least 10 feet from any adjoining building; an open cooking fire not built in a pit needs 50 feet from the nearest structure and constant attendance with a hose or extinguisher on hand.

(a)No person shall operate a stove, oven, or barbecue pit upon any lot or premises outside of a building or enclosure when such stove, oven, or barbecue pit is located less than ten feet from any adjoining building. ... (b)Fires used to cook food for human consumption that are not within a stove, oven, or barbecue pit, shall be located at least 50 feet from the nearest structure and shall be constantly attended by a competent person until such fire is extinguished. A garden hose connected to a water supply or other fire extinguishing equipment shall be readily available for use.

View 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 88).

Full Breakdown

, Code of Ordinances § 10-45(a) governs any stove, oven or barbecue pit operated outside a building or enclosure on a lot or premises: it may not sit less than 10 feet from any adjoining building. Section 10-45(b) covers a different situation, a cooking fire built directly on the ground rather than inside a stove, oven or barbecue pit, and sets a stricter 50-foot minimum distance from the nearest structure; that kind of fire must be constantly attended by a competent person until it is fully extinguished, and a garden hose connected to a water supply, or other fire-extinguishing equipment, must be kept readily available while it burns.

Neither provision requires a permit for a compliant cooking fire, which is distinct from § 10-45(c)'s separate permit requirement for burning grass, weeds, brush or other vegetation. A stove, oven or barbecue pit used inside a building, structure or enclosure instead falls under § 10-44, which requires a vented smoke pipe extending at least three feet above the roofline with an approved spark arrestor. The fire marshal's office and fire department personnel enforce these outdoor-fire standards under § 10-2(a), and because chapter 10 imposes strict liability under § 10-2(b), a resident does not need to have intended to violate the setback to be cited for it.

Violations & Fines

Operating a stove, oven or barbecue pit closer than 10 feet to an adjoining building, or an open cooking fire closer than 50 feet to a structure or left unattended without extinguishing equipment on hand, is a strict-liability offense under § 10-2(b); no culpable mental state is required. The fire marshal's office and fire department personnel enforce the setback and attendance requirements under § 10-2(a).

Frequently Asked Questions

How far must my backyard fire pit be from my house?
If it's a stove, oven or barbecue pit, at least 10 feet from any adjoining building under § 10-45(a). If it's an open ground fire not built inside a pit, the distance jumps to at least 50 feet from the nearest structure under § 10-45(b).
Do I need a permit for a backyard fire pit in Waco?
No permit is required for a compliant cooking fire that meets the setback, attendance and extinguishing-equipment rules in § 10-45(a)-(b). A permit from the fire marshal is only required separately for burning yard debris like grass, weeds or brush under § 10-45(c).
Do I have to stay by the fire the whole time it burns?
Yes, if it's an open cooking fire under § 10-45(b): it must be constantly attended by a competent person until fully extinguished, with a connected garden hose or other extinguishing equipment kept readily available the entire time.

Sources & Official References

Other rules in Waco

All Waco rules

How Waco compares: Cities with the Strictest Fire Pit Rules·Texas rules heatmap·Compare Waco to another location·View the Texas fire regulations overview

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