Charcoal, wood, and pellet smokers are treated as open-flame cooking devices under the 2018 NC Fire Prevention Code. IFC Section 308.1.4 prohibits their use and storage on or within 10 feet of combustible balconies, decks, or exterior walls of multifamily buildings containing more than two dwelling units, unless the building is fully sprinklered. Single-family residences are exempt from the balcony restriction and may operate smokers at a safe distance from structures. Durham has no separate municipal smoker ordinance.
Smokers that use charcoal, wood chunks, wood pellets, or live fire fall within the IFC's definition of an open-flame cooking device. Under IFC Section 308.1.4 of the 2018 NC Fire Prevention Code, such devices may not be used or stored on or within 10 feet of combustible balconies, decks, or exterior walls of apartment buildings, condominiums, townhouses sharing walls with another unit, or any structure with more than two dwelling units. The exception allows operation where the structure is protected by an automatic sprinkler system. NCGS 160D-915 requires multifamily owners to provide written notice of the restriction to tenants. Single-family homes and duplexes are exempt and may use smokers in yards, patios, and driveways. NC Fire Code general provisions require any open-flame device to be located at a safe distance from combustible materials and not be left unattended. The Durham city code does not include a separate smoker ordinance. The Durham Fire Marshal's Office enforces inside city limits; Durham County Fire Marshal enforces in the unincorporated area. Smokehouses larger than 12 square feet, or those producing significant smoke into adjacent properties, may also be reviewed under nuisance provisions in city code Chapter 26.
Operating a smoker in violation of IFC 308.1.4 is a misdemeanor under NCGS 143-139. The Durham Fire Marshal's Office may issue a Notice of Violation, require removal, and refer continuing violations for civil or criminal penalties. Persistent smoke nuisances affecting neighboring properties may be referred to Neighborhood Improvement Services. Confirm enforcement specifics with Durham Fire Marshal at 919-560-4242.
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