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Waco, TX Outdoor Cooking: Smoker Rules (2026)

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

Key Facts

Covered equipment
stoves, ovens, barbecue pits used inside enclosures
Vent height
3+ feet above the roof/enclosure top
Vent must have
an approved spark arrestor
Enclosures covered
garages, carports, porches, buildings
Fully outdoor use
follows § 10-45 setbacks instead

Summary

Run a smoker, stove or barbecue pit inside a building, garage, carport or other enclosure in Waco and it needs a smoke pipe or vent reaching at least three feet above the roofline, fitted with an approved spark arrestor. Fully outdoor cooking equipment follows a separate setback rule instead.

No person shall operate a stove, oven or barbecue pit, whether portable, temporary or permanent, within any building, structure or other type of enclosure unless such a stove, oven or barbecue pit is equipped with a smoke pipe or a vent extending not less than three feet in open air above the outside roof or top of such building, structure or enclosure which is equipped with an approved spark arrestor.

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 88).

Full Breakdown

" That reaches a smoker run inside a garage, carport, screened porch, workshop or similar enclosed space, not just an indoor kitchen. The equipment must be equipped with a smoke pipe or vent extending at least three feet into open air above the outside roof or top of that building, structure or enclosure, and the vent itself must carry an approved spark arrestor to keep embers from escaping into the surrounding area. The rule exists to keep smoke and sparks from an enclosed cooking fire from building up inside a structure or drifting onto a roof.

It's a separate track from § 10-45, which governs stoves, ovens, barbecue pits and open cooking fires used outside a building or enclosure and instead sets distance requirements from adjoining buildings, 10 feet for a pit and 50 feet for an unenclosed ground fire, rather than a vent requirement; once a smoker is moved fully into the open air on a lot, § 10-44's vent rule no longer applies and § 10-45's setback rules take over. Enforcement of both sections falls to the fire marshal's office and fire department personnel under § 10-2(a), and because chapter 10 imposes strict liability under § 10-2(b), running an unvented smoker inside a garage or carport is citable regardless of intent.

Violations & Fines

Operating a stove, oven, barbecue pit or smoker inside a building, structure or enclosure without the required smoke pipe or vent (at least three feet above the roofline) and approved spark arrestor is unlawful under § 10-44 and a strict-liability offense under § 10-2(b); intent is not an element. The fire marshal's office and fire department personnel enforce the vent requirement under § 10-2(a).

Frequently Asked Questions

Can I run my smoker inside my garage in Waco?
Only if it's vented under § 10-44: the smoker needs a smoke pipe or vent extending at least three feet above the garage roofline, fitted with an approved spark arrestor, since the garage counts as an enclosure under this section.
Does the vent rule apply to a screened-in porch?
Yes. Section 10-44 covers any stove, oven or barbecue pit operated within a building, structure or other type of enclosure, and a screened porch qualifies as an enclosure, so the same three-foot vent and spark-arrestor requirement applies there too.
What if I just cook outdoors in the open air instead?
Then § 10-44's vent rule doesn't apply; § 10-45's outdoor setback rules take over instead, requiring at least 10 feet from an adjoining building for a stove or barbecue pit, or 50 feet for an open ground cooking fire, plus constant attendance.

Sources & Official References

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