Fort Myers, FL Outdoor Cooking: Outdoor Kitchen Permits (2026)
Key Facts
- Approval required
- Fire marshal sign-off before install
- Governing section
- Sec. 40-33, Outdoor Fires article
- Structure setback
- 10 ft, grills at multi-family
- Site inspection
- Required before permit (Sec. 40-30)
Summary
Fort Myers requires prior fire marshal approval before any outdoor fireplace, permanent barbecue, or grill is built, installed, or maintained, under the city's outdoor fires ordinance.
Outdoor fireplaces, permanent barbecues, and grills shall not be built, installed, or maintained without prior approval of the fire marshal or designee. Any openings shall be provided with an approved spark arrester, screen, or door.(d)Welding torches, tar pots, decorative torches, and other devices, machines, or processes liable to start or cause fire shall not be operated or used in or upon any areas, except by permit from the fire marshal or designee. (Ord. No. 3640, § 9, 9-17-2012)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 60).
Full Breakdown
Before installing a permanent outdoor kitchen feature, Fort Myers property owners need fire marshal sign-off. Under Sec. 40-33, outdoor fireplaces, permanent barbecues, and grills cannot be built, installed, or maintained without the fire marshal's prior approval, and any openings must carry an approved spark arrester, screen, or door. Sec. 40-30 backs this up with a mandatory site visit by the fire marshal before any related permit is issued, and approval can be revoked or suspended for cause. Separately, Sec. 40-31(d) bars using a hibachi, grill, or similar cooking device within ten feet of any structure or on a balcony, outside one- and two-family homes.
Violations & Fines
Building, installing, or operating without fire marshal approval is unlawful under Sec. 40-34; the city enforces through the code enforcement board or county court, with citations issued per Sec. 1-14's general penalty schedule.
Frequently Asked Questions
Do I need a permit for an outdoor kitchen in Fort Myers?
How close can a grill be to my building?
Sources & Official References
Other rules in Fort Myers
Florida rules heatmap·Compare Fort Myers to another location·View the Florida outdoor cooking overview
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