Do You Need a Permit for a Fire Pit or Outdoor Fireplace in Florida?

Whether you need a permit for a fire pit or outdoor fireplace in Florida comes down to one key question: is the structure permanent or portable? A store-bought fire pit bowl you can move around your yard almost never requires a building permit. A built-in masonry outdoor fireplace or permanently anchored gas fire feature is a different matter — those require a building permit in Florida, and sometimes additional mechanical and gas permits as well.

Do Portable Fire Pits Require a Permit in Florida?

No — portable fire pits do not require a building permit in most Florida counties. A standard metal fire pit bowl or chiminea that sits on your patio without being bolted or mortared to the ground falls outside the Florida Building Code's permitting requirements. Hillsborough County, Orange County, and Miami-Dade County all confirm that recreational fires in store-bought portable fire pits don't trigger a building permit.

That said, a separate open burn permit may be required — and this is issued by the local fire department, not the building department. Hillsborough County fire rescue rules apply to all recreational fires, even portable ones. The standard rules require the fire to be small (under 3 feet in diameter), contained in a non-flammable container, and located at least 25 feet from any structure. Always check with your county fire department before lighting up, particularly during burn ban periods that are common in Florida's dry season.

Do Permanent or Built-In Outdoor Fireplaces Require a Permit in Florida?

Yes. If you're building a permanent outdoor fireplace — whether masonry block, brick, stucco, or natural stone — you need a building permit in Florida. This rule applies across all 67 counties. A permanent outdoor fireplace is treated as a structure under the Florida Building Code and must meet the same plan review, inspection, and code-compliance requirements as any other residential construction project.

If your outdoor fireplace connects to a gas supply line, you'll also need a mechanical or gas permit in addition to the building permit. If it includes an ignition system, built-in lighting, or electrical outlets, an electrical permit is required as well. For a full look at how Florida permit costs add up across project types, see our Florida building permit costs guide.

What Are the Florida Building Code Requirements for Outdoor Fireplaces?

The Florida Building Code addresses masonry fireplaces primarily in Chapter 10 of the Residential Code. Key construction requirements for a permanent outdoor fireplace include:

• Footing and foundation: Masonry fireplaces require a concrete footing at least 12 inches thick, extending at least 6 inches beyond the face of the structure on all sides. In Florida, footings must be placed at least 12 inches below finished grade.
• Clearances from combustibles: Combustible materials — wood decking, fencing, or siding — must be at least 2 inches from the front and sides of the firebox and at least 4 inches from the back. Chimneys located entirely outside the building wall require a minimum 1-inch air space clearance to combustibles; chimneys within or adjacent to the interior require 2 inches.
• Chimney and flue sizing: If your outdoor fireplace includes a chimney, the flue area must be no smaller than the connector area from the firebox. Chimney height must clear the roofline and any adjacent structures per code minimums.
• Wind load compliance: All structures built in Florida must be engineered to withstand local wind speeds. Coastal counties and HVHZ zones (Miami-Dade and Broward) have the strictest wind-load requirements in the state, and your fireplace structure must meet them.

These aren't paperwork formalities — they're the same structural requirements that protect your home during a hurricane. Skipping the permit means no inspector ever verifies your fireplace meets them.

How Far Does a Fire Pit Need to Be From a Structure in Florida?

Most Florida counties follow a rule requiring recreational fires to be at least 25 feet from any structure, including your home, garage, shed, fence line, and overhead trees or power lines. In Miami-Dade County, recreational fires must stay under 3 feet in diameter and 2 feet in height, with that same 25-foot clearance maintained. Hillsborough County fire rescue rules are similar. Many incorporated cities have their own additional setback requirements beyond county rules.

For a built-in outdoor fireplace integrated into a patio or deck, your contractor will need to submit a site plan as part of the permit application. That plan must show the fireplace location relative to property lines, the home, and any easements — confirming it meets all setback requirements before the permit is issued.

How Much Does an Outdoor Fireplace Permit Cost in Florida?

Permit fees for a permanent outdoor fireplace in Florida typically run from $200 to $800, depending on the county and project scope:

• Building permit: $200–$600 (based on project construction value)
• Mechanical/gas permit: $75–$150 (if adding a gas supply line or connection)
• Electrical permit: $50–$100 (if adding ignition, lighting, or outlets)
• Plan review fee: Typically 50–65% of the base building permit fee

These costs are a fraction of what a built-in masonry outdoor fireplace actually costs to build — most projects run $3,000 to $10,000 installed. The permits protect that investment. If a contractor offers to skip them to lower your price, that's a warning sign about the quality of the work you're getting. For a county-by-county fee comparison across all project types, see our complete permit cost breakdown.

What Happens If You Build a Permanent Fireplace Without a Permit?

Building a permanent outdoor fireplace without a permit in Florida carries the same consequences as any unpermitted construction: stop-work orders, code enforcement fines, and the real possibility that you'll be required to demolish the structure or open it up for an inspection that's now far more expensive. If an unpermitted fireplace causes a fire that damages your home, your homeowner's insurance may deny the claim entirely — the structure was never inspected or approved.

When you go to sell your home, a buyer's inspector or four-point inspection will flag any permanent unpermitted structure. The deal can stall or fall apart while you scramble to resolve it. For the full picture of what's at stake, read our guide on what happens if you build without a permit in Florida. Most Florida counties do offer after-the-fact permits for unpermitted structures — typically at double the standard permit fee — so it's fixable, just more expensive.

Does Florida HB 803 Exempt Fire Pit Construction From Permits?

Florida HB 803, effective July 1, 2026, created a permit exemption for single-family residential work valued under $7,500 that doesn't involve structural, electrical, plumbing, mechanical, or gas systems. A built-in masonry outdoor fireplace almost always involves structural work and frequently a gas connection, so it generally does not qualify for this exemption. Portable fire pits already didn't require a building permit before HB 803, so the new law doesn't change the analysis there either. The exemption is most relevant to minor cosmetic repairs — not permanent fire structures.

If you're working on a broader outdoor living project — a patio, outdoor kitchen, or deck that incorporates a fire feature — the permit picture becomes more complex. Our guide on outdoor kitchen permits in Florida covers how multiple outdoor improvements are permitted together.

Not sure if your fire feature project needs a permit? Tell us about your project and we'll connect you with a licensed permit professional in your county who can confirm exactly what's required before you start.