Wake County, NC Fire Regulations: Fire Pit Rules (2026)

Wake County does not codify its own residential fire-pit ordinance. Instead, fire pits and chimineas in unincorporated Wake County (and in the incorporated towns of Rolesville and Wendell, which contract with Wake County Fire Services) are regulated by two layers of state rules administered locally by the Wake County Fire Marshal's Office:

First, the NC State Fire Code (2018 edition, adopted statewide under 11 NCAC 08 .2300) applies. Section 307.4.2 ("Recreational Fires") provides that recreational fires must not be conducted within 25 feet of a structure or combustible material, and the conditions which could cause a fire to spread within 25 feet of a structure must be eliminated prior to ignition. Fuel pile size is limited to 3 feet (914 mm) in diameter and 2 feet (610 mm) in height. Section 307.4.3 ("Portable Outdoor Fireplaces") covers chimineas and manufactured fire pits — these may be used closer to a structure (within 15 feet) provided they are listed and used in accordance with manufacturer instructions. Section 307.5 requires the fire to be "constantly attended until the fire is extinguished" and a means of extinguishment such as "an approved water supply, fire extinguisher, dirt, or sand" must be ready for use.

Second, the NC Department of Environmental Quality open-burning rule (15A NCAC 02D .1903) applies. Subsection (b) of that rule lists fires that are exempt from the general open-burning prohibition, including (4) "fires used only for cooking food, for ceremonial occasions, and for warming outdoor workers." A recreational backyard fire that produces only the products of complete combustion of dry, seasoned firewood — and not the burning of household garbage, plastic, tires, or yard debris — qualifies for that exemption.

The Wake County Fire Marshal's Office (919-856-6340) is the local enforcement authority for the State Fire Code in unincorporated Wake County and in Rolesville and Wendell. Inside the City of Raleigh, Town of Cary, Town of Apex, Town of Garner, Town of Holly Springs, Town of Fuquay-Varina, Town of Knightdale, Town of Morrisville, Town of Wake Forest, and Town of Zebulon, the municipal fire department or fire marshal enforces the fire code locally. The Wake County Fire Marshal coordinates with the State Forester to issue local burn bans during high-fire-danger conditions, which restrict recreational fires countywide.