Newport News, VA Outdoor Cooking: Smoker Rules (2026)

Newport News enforces the Virginia Statewide Fire Prevention Code through the Newport News Fire Marshal's Office. IFC Section 308.1.4 covers all open-flame and solid-fuel cooking devices, including offset smokers, pellet smokers, kamado cookers, and traditional charcoal smokers. On multi-family residential buildings (Group R-2), smokers may not be operated on combustible balconies, porches, or within 10 feet of any combustible wall, deck, fence, or overhang. Three exceptions apply: one- and two-family dwellings; buildings or balconies protected by an automatic sprinkler system; and listed equipment installed per its listing. Newport News homeowners may use smokers in single-family yards on noncombustible surfaces such as concrete patios or pavers with appropriate clearance. No residential burn permit is required for cooking, but the Virginia Department of Forestry's 4 PM Burning Law (Virginia Code section 10.1-1142) prohibits open burning before 4 PM within 300 feet of woods or dry grass from February 15 through April 30. This law is enforceable across Newport News, including the Newport News Park area and other wooded sections along Lee Hall. Commercial caterers operating smokers at events should coordinate with the Newport News Fire Marshal's Office.