Jacksonville, NC Outdoor Cooking: Smoker Rules (2026)
Key Facts
- Permit authority
- Fire chief or fire marshal
- Exempt device
- Barbecue pit or cook-out device
- Compliance condition
- State/federal air pollution rules
- Park fire rule
- Only in constructed fireplace/grill
- Penalty
- Class 3 misdemeanor, up to $500
Summary
In the City of Jacksonville, North Carolina, any fire kindled outside a building needs a permit from the fire chief or fire marshal, but the code carves out an exception for barbecue pits, exterior fireplaces, and other cook-out devices used safely.
Sec. 8-79. - Outdoor fires; permit required. A permit is required from the fire chief, the fire marshal, or his authorized representative for all fires conducted outside of a building. Permits will not be issued unless the burning operation complies with all state and federal air pollution authority rules. ... The following exceptions are hereby allowed: ... (2)Small fires kindled in or upon the ground, with provisions made to prevent the spread of fire, or in a barbecue pit, exterior fireplace, cook-out device or other similar out-of-doors eating or cooking device, when conducted in a safe and prudent manner;
Full Breakdown
City Code Sec. 8-79 requires a permit from the fire chief, the fire marshal, or an authorized representative for all fires conducted outside of a building, and conditions any permit on the burning operation complying with all state and federal air pollution authority rules. The section then lists exceptions that do not require a permit: fires kindled to train personnel in firefighting methods, small fires kindled on the ground with provisions to prevent spread or in a barbecue pit, exterior fireplace, cook-out device, or other similar outdoor eating or cooking device when conducted safely and prudently, and small fires kindled safely, preferably in a noncombustible enclosure, for warmth and comfort.
That means an ordinary backyard grill or smoker used in a barbecue pit or cook-out device is exempt from the permit requirement as long as it is operated safely and does not spread. This provision sits in Chapter 8, Fire Protection, and cross-references a parallel park-specific rule at Sec. 16-29, which separately bans kindling any fire in a city park except in a regularly constructed fireplace or grill and requires any fire to be fully extinguished before the person leaves it. Violating either the outdoor-fire permit requirement or the in-park fire rule is enforced the same way, and inspectors from the fire marshal's office administer compliance under Sec. 8-81, which allows notices of violation and civil citations for fire code violations generally.
Violations & Fines
A violation of the outdoor-fire permit requirement in Sec. 8-79 is a Class 3 misdemeanor punishable by a fine of not more than $500 at the court's discretion under G.S. § 14-4. Kindling an unauthorized fire in a city park, or leaving a park fire unattended or not fully extinguished under Sec. 16-29, carries the identical Class 3 misdemeanor and $500 maximum fine.
Frequently Asked Questions
Do I need a permit to use my backyard smoker or grill in Jacksonville?
What outdoor fires do require a permit?
Can I grill inside a city park?
Sources & Official References
Other rules in Jacksonville
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