Open Burning, Fire Pit, Fireworks, and Fire Alarm Ordinance

The City of Fort Smith does not allow the burning of brush or rubbish.

Sec. 10-3. - Prohibited burning; permitted burning.

(a)No person shall kindle or maintain any bonfire or rubbish fire, burning of leaves or any other residential debris, construction debris or demolition debris within the city limits. (b)Burning permits may be issued by the fire official of the city for the following purposes: Cleaning of large tracts of land for subdivisions or roadways, controlled fires for the purpose of forest and wildlife management, firefighting training purposes, other educational or ceremonial purposes. Burning permits must be signed by a responsible party and the party must agree to all conditions of the permit before beginning any burning. (c)Nothing in this section should be interpreted as restricting outdoor cooking on approved appliances or devices designed for cooking purposes.

(Code 1992, § 10-3; Ord. No. 22-97, §§ 1—3, 5-6-1997)

Fire Pits

The City of Fort Smith does allow the use of Fire Pits; please review the guidelines below to ensure compliance.

Fort Smith Fire Department Requirements for Outdoor Recreational Fire Devices

General open burning is prohibited by ordinance within the City of Fort Smith. However, the use of outdoor fireplaces, fire pits, chimineas or other fire structures used for recreational purposes is allowed under the following provisions. The use of any fire pit should always be respectful to your neighbors. A fire extinguisher or garden hose should be readily accessible while burning. Fire devices are not to be used between the hours of 1:00 a.m. and 12 Noon.

Any complaints or violations that may occur may be submitted to the Fire Marshal’s office or the Police Department, where it will be addressed accordingly. If smoke disturbs neighbors, causes property damage or becomes a nuisance, the fire will immediately be extinguished. Those using outdoor fireplaces, fire pits, chimineas or other fire structures may be financially responsible and liable for any damage that is directly or indirectly caused by the use of these devices. Outdoor burning shall be prohibited after a county released burn ban* has been issued or when wind speeds become greater than 15 miles per hour.

Outdoor fireplaces, fire pits, chimineas or other fire structures used for recreational purposes should be:

• Professionally constructed of steel, brick or masonry
• Placed on a non-combustible surface
• No closer than 25 feet of any structure, overhang, trees/ vegetation, decking, porch, sheds, fences or adjacent property
• No larger than 3 feet in diameter or 2 feet in height
• Incorporate the use of seasoned wood only (no other flammable materials shall be used)
• Attended/ supervised by the adult property owner or responsible party, at all times
• Protected by a spark screen, at all times, to protect against flying ash, sparks or embers
• Covered at all times, when not in use

*Sebastian County Ordinance No. 88-13 banning outdoor burning issued by the county judge when conditions are extremely dry. Open burning at this time is considered extremely dangerous to people, buildings, trees and grasslands. For the health, safety and welfare of the citizens of the County, all outdoor burning is banned until such time as relief from the hazardous dry weather situation is provided.

Outdoor Recreational Fire Device – outdoor fireplace, fire pit, fire bowls, fire tables, table top fire features or other fire structure device.

Fireworks

The City of Fort Smith does not allow the sale or use of Fireworks inside the city limits.

Except as hereinafter provided, no person shall offer for sale, expose for sale, sell at retail, keep with intent to sell at retail, or use or explode any fireworks. The city administrator may adopt reasonable rules and regulations for the granting of permits for supervised displays of fireworks by municipalities, fair associations, amusement parks and other organizations or groups of individuals. Such permits may be granted upon application to the city administrator and after approval of the local and state fire marshals. After such privilege shall have been granted, sales, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.

(Code 1976, § 12-56; Code 1992, § 10-92)