Texas Fire Pit Codes, Permits and Clearances
Last verified . Texas sets no statewide fire pit clearance for private homes. Your city or county sets it, and the two examples below show how.
At a Glance
Texas fire pit rules at a glance, each with its source and the date we checked it.
Permit required
- What the code says
- Not set statewide. State air rules authorize recreational, ceremonial, cooking and warmth fires without a TCEQ authorization; local ordinances may prohibit them.
- Checked
Minimum clearance to structure
- What the code says
- Not set statewide. County fire codes reach only commercial, public and 4-plus-unit multifamily buildings; the State Fire Marshal's NFPA 1 adoption covers only its own inspections.
- Checked
Minimum clearance to property line
- What the code says
- Not set statewide
- Checked
Open-burning restriction
- What the code says
- Recreational, cooking and warmth fires are authorized by the state outdoor burning rule. A county may prohibit or restrict outdoor burning in its unincorporated area for up to 90 days per order, on a drought determination or a public-safety finding.
- Checked
Gas appliance requirement
- What the code says
- No statewide fuel gas code for natural gas appliances at homes. Cities over 5,000 must regulate gas piping by ordinance and require a permit before plumbing work. LP-gas activities follow NFPA 54 (2018) and NFPA 58 (2017) as adopted by the Railroad Commission.
- Checked
Statewide Rules
Texas has no statewide fire code that governs a backyard fire pit at a private home. Fire codes are adopted city by city. The state does adopt some codes and rules, and none of them reaches a single-family yard.
What a County Can Adopt
A county with a population over 250,000, or one adjacent to such a county, may adopt a fire code (Local Government Code section 233.061). The code it adopts is narrow.
A county fire code applies only to commercial establishments, public buildings, and multifamily dwellings of four or more units, constructed in the unincorporated area. It must conform to the International Fire Code as it existed on May 1, 2005, or a later edition.
Where a county has no fire code, its fire marshal still has some reach.
A county fire marshal "may conduct an inspection using any nationally recognized code or standard adopted by the state."
State Fire Marshal
The State Fire Marshal's Office has adopted a fire code, but only for the inspections it performs itself.
Adopts NFPA 1-2021 (Fire Code) and NFPA 101-2021 for inspections performed under Government Code §417.008, effective September 1, 2023.
TCEQ Outdoor Burning Rule
The state's outdoor burning rule is permissive toward backyard fires.
Outdoor burning shall be authorized for fires used solely for recreational or ceremonial purposes, or in the noncommercial preparation of food, or used exclusively for the purpose of supplying warmth during cold weather.
The Texas Commission on Environmental Quality (TCEQ) explains how that works in practice. Campfires, bonfires and cooking fires are allowed under the exception. They may not contain treated lumber, plastics, rubber and similar materials, and they must not cause a nuisance or a traffic hazard.
Of campfires inside city limits, the guide says "local ordinance may prohibit this kind of burning."
County Burn Bans
A county can ban outdoor burning for up to 90 days at a time, and the order is the rule you follow.
The commissioners court "by order may prohibit or restrict outdoor burning in general or outdoor burning of a particular substance in all or part of the unincorporated area of the county," on a drought determination or a finding of a public safety hazard. An order may not run past the 90th day after adoption, and a new order can take effect when the old one expires. Violating an order is a Class C misdemeanor.
The statute's own exemptions cover TCEQ-authorized firefighter training, utility, pipeline, mining and crop operations, and certified prescribed burn managers (section 352.081(f)). Backyard recreational fires are not on that list, so whether a particular ban covers your fire pit depends on the wording of your county's order.
Gas Piping and LP-Gas
Texas law counts gas piping as plumbing, and it puts the regulation of that work with cities.
Plumbing includes piping used to supply gas. A municipality with more than 5,000 inhabitants "shall regulate by ordinance or bylaw" the pipes and fixtures through which water, gas or sewage is used or carried, and it must require a permit before a person performs plumbing, minor repairs excepted.
Propane is regulated at the state level by the Railroad Commission.
Section 9.301 adopts NFPA 54, 2018 edition, and §9.401 adopts NFPA 58, 2017 edition, both effective September 1, 2020, for LP-gas activities.
City and County Examples
City of Austin
Austin adopts the 2024 International Fire Code, with Appendices B and F, and amends it.
Section 25-12-171 adopts the 2024 International Fire Code with Appendices B and F, as amended by §25-12-173. Subsection (C) lists the IFC provisions Austin amends, including 307.2 and 307.4, and states that "a subsection contained within an amended section or subsection is not amended" unless listed.
Section 307.4.2 is not on the list, so the 2024 IFC rule stands: 25 ft from a structure or combustible material. Austin does change how permits work.
Section 105.5.36 requires an operational permit for open burning, with "Exception: Recreational fires." Amended 307.2 requires a permit from the fire department before kindling a warming fire, rubbish fire or bonfire, with this exception: "A permit is not required for legitimate cooking fires or legitimate warming fires as defined in this chapter."
Austin defines a legitimate cooking fire as one kindled in an appliance or structure built for cooking meals. Incidental cooking over an open recreational fire does not count. Read the chapter's definitions, or ask Austin Fire, before you assume your fire pit falls on the exempt side.
City of San Antonio
San Antonio also adopts the 2024 International Fire Code.
The 2024 edition of the International Fire Code, including Appendices B, C, D, F, I, L and M.
Its local amendments leave the recreational fire distance alone and add rules for portable gas-fired patio heaters.
The amendments change Section 307 only by adding 307.1.2 (carrying burning materials in streets) and 307.2.2 (a permit to burn trash, brush and other combustible matter unless in an approved incinerator or container). Section 307.4.2 is unamended, so recreational fires stay 25 ft from a structure or combustible material. Section 105.5.36, the open-burning permit with its exception for recreational fires, is not among the repealed permit sections.
Adds an operational permit "for the operation and maintenance of a portable outdoor gas-fired heating appliance." Under the new Section 324, operating one without the permit is unlawful, the appliance must comply with Section 605.5, and one 2A:10BC extinguisher is required per 3,000 sq ft where such appliances are used.
The amendment text has no residential exception. We have not confirmed how the San Antonio Fire Department applies it at private homes, so confirm with them before you buy a portable patio heater for a San Antonio yard.
Getting a Permit
What is required varies by city and county, and the local fire marshal decides. This is what the sources above support.
- Wood recreational fire inside Austin or San Antonio. No operational permit, because both keep the IFC 105.5.36 exception. Austin requires a permit for warming fires, rubbish fires and bonfires, subject to its exception for legitimate cooking and warming fires.
- County burn ban. Check whether your county commissioners court has an order in effect under section 352.081 and read its terms. Bans apply to the unincorporated area.
- Gas line to a fire feature in a city of more than 5,000 people. A plumbing permit before the work (Occupations Code §1301.551(c)), issued by the city.
- Propane fire feature. LP-gas activities are regulated by the Railroad Commission under NFPA 54 and NFPA 58 as adopted (16 TAC §§9.301, 9.401).
- Portable patio heater in San Antonio. Read §11-40 (105.5.60 and Section 324) and confirm with the fire department.
What This Means for Your Build
Your city decides the distance. Texas leaves it to the city, so find your city's adopted fire code and read its amendments to Section 307. In Austin and San Antonio the 2024 International Fire Code's 25 ft stands for a recreational fire. Outside city limits, a county fire code reaches only commercial, public and multifamily buildings, so it will not set a distance for a single-family home. A county burn ban can still apply, depending on how the order is worded.
Gas. Start with the installation manual for your unit. Texas has no statewide fuel gas code for natural gas appliances at homes, so ask your city's building department which fuel gas code it enforces and what the permit covers. In a city of more than 5,000 people the gas line needs a plumbing permit, and a licensed installer is the way to get it done. Run your feature type through the clearance checker for the published manufacturer minimums, and use the gas line sizing calculator to see whether your existing line can feed the burner before you call anyone.
Propane. Texas adopts NFPA 54 (2018) and NFPA 58 (2017) for LP-gas activities through the Railroad Commission. We did not pull a rule specific to a homeowner's cylinder, so ask your propane supplier or installer how it applies.
This page covers Austin and San Antonio. Your city may have changed the model code in ways these two did not, and your fire marshal's reading governs.
Frequently Asked Questions
Does Texas have a statewide fire pit distance?
No. Texas has no statewide fire code for private homes. County fire codes cover only commercial, public and 4-plus-unit multifamily buildings in unincorporated areas (Local Government Code section 233.062). Your city's adopted fire code sets the distance. Austin and San Antonio use the 2024 International Fire Code's 25 ft rule for recreational fires.
Is a backyard fire legal under Texas air rules?
Yes. 30 TAC section 111.207 authorizes fires used solely for recreation, ceremony, noncommercial cooking or warmth. TCEQ notes that a city ordinance may still prohibit them.
Can I use my fire pit during a county burn ban?
It depends on the order. A county may prohibit or restrict outdoor burning in general in its unincorporated area for up to 90 days per order (Local Government Code section 352.081). The statute's exemptions do not include backyard fires, so read your county's order or call the county fire marshal.
Do I need a permit to run a gas line to a fire pit in Texas?
In a Texas city of more than 5,000 people, yes. The city must require a permit before plumbing work, and Texas law counts gas piping as plumbing (Occupations Code sections 1301.002 and 1301.551).
Do I need a permit for a backyard fire in Austin?
Not for a recreational fire, because Austin keeps the International Fire Code's open-burning permit exception (section 105.5.36). Austin does require a permit for warming fires, rubbish fires and bonfires, with an exception for legitimate cooking and warming fires as its code defines them.
This page is reference, not a permit. Your local authority having jurisdiction makes the final call, and their interpretation governs. Confirm before you build or buy.
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