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Gwinnett County, GA Outdoor Cooking: Smoker Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Sec. 42-46(c)(3)
Balcony/structure setback
10 feet (grills)
1-2 family home exception
Setback does not apply
Open cooking fire setback
50 feet from structures
Scope
Unincorporated county

Summary

Charcoal, wood, and gas grills in unincorporated Gwinnett must stay off combustible balconies and 10 feet from combustible construction, except at one- and two-family homes.

These county ordinances apply to unincorporated areas of Gwinnett County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Fires for the purpose of cooking food for human consumption. a. Charcoal, wood, and gas grills and other open flame cooking devices shall not be operated on combustible balconies or within ten feet of combustible construction. Exception: One- and two-family dwellings. b. LP gas grills and burners having an LP gas container with a water capacity greater than 2.5 pounds (one pound LP gas capacity) shall not be located on combustible balconies or within ten feet of combustible construction.

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 9).

Full Breakdown

Sec. 42-46(c)(3) covers fires for cooking food for human consumption. Charcoal, wood, and gas grills and other open-flame cooking devices may not sit on combustible balconies or within 10 feet of combustible construction, and LP-gas grills with a container over 2.5 pounds water capacity face the same limit; one- and two-family dwellings are exempted from both. Open cooking fires not using a grill must stay 50 feet from any structure (25 feet for small piles) and be kept a controllable size.

Violations & Fines

The fire marshal's office may summarily abate a noncompliant fire under Sec. 42-46(e); article violations carry a minimum $250 fine for a first offense, up to $1,000 per day, and/or up to 60 days in jail under Sec. 42-22.

Frequently Asked Questions

Can I grill on my apartment balcony in unincorporated Gwinnett?
Only if it's not a combustible balcony and the grill stays 10 feet from combustible construction; the 10-foot rule doesn't apply to one- and two-family homes, per Sec. 42-46(c)(3).
How far must a backyard cooking fire (not a grill) be from my house?
At least 50 feet from any structure, or 25 feet if the pile is under three feet in diameter and two feet high, per Sec. 42-46(c)(3)c.

Sources & Official References

Other rules in Gwinnett County

All Gwinnett County rules

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