Fire Pit Permits: Wood-Burning vs Gas, Setbacks, and Burn Rules

Short answer: a portable fire pit on a patio often needs no building permit, but the fire code still sets distances, commonly 25 feet from structures for a recreational fire and 15 feet for a portable outdoor fireplace under IFC 307. Built-in pits and gas-fed pits often need permits, and burn bans apply to every fire.

Most fire pit questions start the same way.

You bought a steel bowl at the hardware store, or you’re pricing a stone pit for the new patio, and someone in the neighborhood group says you need a permit. Sometimes they’re right. Fire pit permits depend on three things people tend to lump together: what kind of fire it is (wood or gas, portable or built in), how far it sits from the house and the property line, and whether burning is banned that day.

This guide works through each one using rules from named cities, so you know what to ask your own building and fire departments before you build or light anything.

PermitCove is an independent homeowner guide, not a government agency. The numbers below come from the jurisdictions named next to them. Confirm everything with your local Authority Having Jurisdiction (AHJ). See our disclaimer.

Recreational Fire, Portable Fireplace, or Open Burning?

Most local fire codes use the language in Section 307 of the International Fire Code (IFC), and each category comes with its own rules.

• Recreational fire. Salt Lake City Fire uses the IFC wording: an outdoor fire, not burning rubbish, with a fuel area of 3 feet or less in diameter and 2 feet or less in height, for pleasure, cooking, warmth, or similar purposes. The city notes no permit is required for it.
• Portable outdoor fireplace. Tulsa Fire Department defines it as a portable, solid-fuel-burning fireplace made of steel, concrete, clay, or other noncombustible material. That describes most store-bought fire bowls and chimineas.
• Open burning. Piles of yard waste or trash are different. Salt Lake City doesn’t allow open burning at all, and the Puget Sound Clean Air Agency says burning trash or using a burn barrel is always illegal there.

A portable steel wood-burning pit on pavers, the most common backyard setup. Photo: William J Sisti, CC BY-SA 2.0, via Wikimedia Commons.

Do You Need a Permit for a Fire Pit?

Many places don’t require a building permit for a portable pit set on a patio. The fire code still controls where and how you burn. Built-in pits are a different story, and some towns permit every fire pit:

• Wheeling, Illinois requires a building permit to install a fire pit, with a plat of survey showing its size, its distances to structures and property lines, and a gas line diagram if there is one.
• Flower Mound, Texas has a fire pit and outdoor appliance permit that lists a $600 fee and requires a measured site plan.
• Irvine, California asks for a dimensioned site plan, construction plans, and the location of underground gas piping and conduit.

If the pit is part of a bigger hardscape job, read our concrete and paver patio permit guide. If it will sit near a covered structure, see the gazebo permit guide.

Fire Pit Setback Distances: Real Examples

There’s no national fire pit setback. Here is what some jurisdictions actually require:

• Seattle, Salt Lake City, and Tulsa (IFC 307.4.2 as adopted): no recreational fire within 25 feet of a structure or combustible material.
• Portable outdoor fireplaces (IFC 307.4.3): 15 feet from a structure or combustible material. Seattle’s and Tulsa’s codes exempt one- and two-family dwellings. Fairfax County, Virginia, has the same exception but still strongly encourages 15 feet from the house and any attached deck.
• Wheeling, Illinois: portable pits at least 15 feet from all structures, including decks and fences. Permanent pits can be at most 3 feet across and 2 feet high, and they must be 25 feet from any structure or combustible material. Zoning adds 6-foot side and rear setbacks.
• Flower Mound, Texas: 10 feet from property lines, 15 feet from a residence, and 10 feet from other combustibles, with a 3-foot maximum diameter unless the fire code official approves a larger one.

Measure from the edge of the fire. Fences, sheds, and wood decks count as combustibles under many of these rules.

A built-in pit with open space on every side. Setbacks are measured to structures, fences, and property lines. Photo: DanielPenfield, CC BY-SA 4.0, via Wikimedia Commons.

Need a building permit in Salt Lake City for more than the fire pit? See our Salt Lake City building permits guide.

Fire pit setbacks compared

Sources: Seattle Fire Code Chapter 3, Salt Lake City Fire, Village of Wheeling, Town of Flower Mound.

Gas Fire Pits and Fire Tables: When a Gas Line Needs a Permit

A fire table that runs off a propane tank in its base has no fixed piping. A fire feature fed by a new natural gas line from the meter is gas piping work, and it gets reviewed like any other gas job.

Flower Mound asks for a gas line diagram from the meter to the pit that shows meter pressure, line length, size, material, the BTU rating of each appliance, and the total load. It also requires a plumbing rough inspection before the line is covered and a pressure test with a diaphragm gauge (3 psi for low-pressure systems, 5 psi for medium-pressure). Wheeling lists an underground gas piping inspection. Irvine adds that gas fire pits may not go under combustible construction, such as a wooden trellis or patio cover.

Before hiring anyone, read our guides to plumbing and gas line permits for homeowners and outdoor kitchen and BBQ gas permits. A pit on the same line usually follows the same process.

A built-in gas fire feature. Once a fixed gas line feeds it, expect a gas-piping review and a pressure test. Photo: vcmxnajg1, CC BY 2.0, via Wikimedia Commons.

Decks, Patios, and What’s Under the Fire

Pavers, concrete, and gravel are popular for a reason: wood and composite decks burn. Wheeling counts decks as structures under its 15-foot rule. Fairfax County bans storing fire pits on a balcony or deck except at detached one- and two-family homes and townhouses. If you’re planning a new deck with a fire area, see our deck permit guide and follow the pit maker’s instructions for what surface it can sit on.

Burn Bans and Air-Quality Days

• Puget Sound region, Washington: recreational fires are always prohibited during air-quality burn bans and some fire-safety burn bans. Fines typically start at $1,000.
• San Francisco Bay Area: during a Spare the Air Alert for fine particulate pollution, wood-burning devices are prohibited indoors and outdoors, any time of year.
• Salt Lake City: a recreational fire can be treated as a nuisance once someone reports it, for example when smoke drifts into a neighbor’s window, and crews can make you put it out.

Check for a burn ban before every fire, not just once a season. Photo: Larry D. Moore, CC BY 4.0, via Wikimedia Commons.

HOA Rules and Leases

A city permit doesn’t override private rules. Flower Mound tells applicants to check deed restrictions and HOA rules first, because the town can’t enforce them. Irvine requires condo owners to include their HOA’s design approval. If you rent, the Puget Sound agency requires the landowner’s permission before a recreational fire. Our HOA approval vs. city permit guide explains how to handle both reviews.

What to Ask Before You Build

• Is my pit a recreational fire, a portable outdoor fireplace, or something that needs a building permit here?
• What setback applies from the house, decks, fences, and property lines?
• For gas: who can pull the permit, and which inspections are required?
• Bring a site sketch with measured distances, the pit’s size, and any gas line route.
• Where do I check burn bans for my address?

Quick FAQ

Is 10 feet from the house enough?

Only if your code says so. Wheeling’s zoning uses 10 feet from the house, but its fire rules require 15 or 25 feet depending on the type of pit.

Do I need a permit for a gas fire pit?

If a fixed gas line feeds it, expect gas piping review. Flower Mound requires a gas line diagram, a plumbing rough inspection, and a pressure test; a fire table running off its own propane tank has no fixed piping (Flower Mound).

Can I use a fire pit on a wood deck?

Check first. Wheeling counts decks as structures under its 15-foot rule, and Fairfax County bans fire pits on balconies or decks except at detached one- and two-family homes and townhouses (Fairfax County).

Can I have a fire during a burn ban?

No, not in the Puget Sound region: recreational fires are always prohibited during air-quality burn bans, and fines typically start at $1,000 (Puget Sound Clean Air Agency).

Can I put a gas fire pit under a pergola?

Not in Irvine, California, if the cover is combustible: the city says gas fire pits may not go under combustible construction such as a wooden trellis or patio cover (City of Irvine).

Last checked: November 1, 2026.

Official Sources

• Salt Lake City Fire: Recreational Fires and Barbecues
• Seattle Fire Code, Chapter 3 (Section 307)
• Tulsa Fire Department: Open Burning and Recreational Fires
• Fairfax County Fire Marshal: Portable Fireplaces
• Village of Wheeling, IL: Fire Pit Requirements
• Town of Flower Mound, TX: Fireplace/Fire Pit/Outdoor Appliance Packet
• City of Irvine, CA: Adding or Replacing a Firepit
• Puget Sound Clean Air Agency: Outdoor Burning
• Bay Area Air District: Spare the Air FAQs

Edited by Ahmed Khalifa, founder of PermitCove. Sources are linked inline; see our Editorial Policy.