307.1 General. A person shall not kindle or maintain or authorize

to be kindled or maintained any open burning unless conducted

and approved in accordance with this section.


307.1.1 Prohibited open burning. Open burning that is

offensive or objectionable because of smoke emissions or

when atmospheric conditions or local circumstances make

such fires hazardous shall be prohibited.


307.2 Permit required. A permit shall be obtained from the

fire code official in accordance with Section 105.6 prior to

kindling a fire for recognized silvicultural or range or wildlife

management practices, prevention or control of disease or

pests, or a bonfire. Application for such approval shall only be

presented by and permits issued to the owner of the land upon

which the fire is to be kindled. [Permits are limited in Mecklenburg

County to Agriculture and Diseased Trees that have been certified

by the N.C. Department of Forestry due to Air Quality restrictions.]


307.2.1 Authorization. Where required by state or local

law or regulations, open burning shall only be permitted

with prior approval from the state or local air and water

quality management authority, provided that all conditions

specified in the authorization are followed.


307.3 Extinguishment authority. The fire code official is

authorized to order the extinguishment by the permit holder,

another person responsible or the fire department of open burning

that creates or adds to a hazardous or objectionable situation.


307.4 Location. The location for open burning shall not be less

than 50 feet (15 240 mm) from any structure, and provisions

shall be made to prevent the fire from spreading to within 50

feet (15 240 mm) of any structure.



1. Fires in approved containers that are not less than 15

feet (4572 mm) from a structure.

2. The minimum required distance from a structure shall

be 25 feet (7620 mm) where the pile size is 3 feet (914

mm) or less in diameter and 2 feet (610 mm) or less in



307.4.2 Recreational fires. Recreational fires shall not be

conducted within 25 feet (7620 mm) of a structure or combustible

material. Conditions which could cause a fire to

spread within 25 feet (7620 mm) of a structure shall be eliminated

prior to ignition.


307.4.3 Portable outdoor fireplaces. Portable outdoor

fireplaces shall be used in accordance with the manufacturer’s

 instructions and shall not be operated within 15 feet

(3048 mm) of a structure or combustible material.


Exception: Portable outdoor fireplaces used at one- and

two-family dwellings.


307.5 Attendance. Open burning, bonfires, recreational fires

and use of portable outdoor fireplaces shall be constantly

attended until the fire is extinguished. A minimum of one portable

fire extinguisher complying with Section 906 with a minimum

4-A rating or other approved on-site fire-extinguishing

equipment, such as dirt, sand, water barrel, garden hose or

water truck, shall be available for immediate utilization.


Michael J. Petleski CFI

Asst. Fire Marshal / Fire Investigator


Mecklenburg County Fire Marshal's Office

700 N. Tryon Street

Charlotte, NC 28202


(704) 336-3762

(704) 336-3846 (fax)