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County amends fire‑code language to clarify local burn‑ban authority within 100 feet of residences

July 06, 2026 | Rutherford County, North Carolina


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County amends fire‑code language to clarify local burn‑ban authority within 100 feet of residences
At a public hearing on a proposed fire‑code ordinance, Rutherford County Fire Marshal Frankie Hamrick told commissioners the county proposal would let the county fire marshal declare a burn ban that applies within 100 feet of a residence — an area that state authority alone had not explicitly covered.

"Basically, the state has a burn ban that covers all the property except for what the curtilage of the home, which is 100 feet from the house," said Frankie Hamrick. "What we're doing tonight ... is adding to that where we can issue that burn ban within a 100 foot of the house."

County attorney Richard Williams recommended a technical revision to the draft ordinance to remove redundant language in the definition of "open burning" that referenced "recreational fires," because "recreational fires" are already defined elsewhere in the ordinance. A commissioner moved to remove the final three words from the open‑burning definition; the motion was seconded and the board approved the amended resolution.

Chair closed the public hearing after asking three times for public comment; no one from the public asked to speak on that item.

The amended language was adopted by the board at the meeting; county staff will proceed with the ordinance language as amended. The change was described as a clarifying edit intended to ensure county code covers outdoor burning near homes and to provide the county fire marshal the authority to issue local bans consistent with state law.

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