Do you need a permit for an outdoor fireplace? (Atlanta: city hall, HOA)

[RadiatorSprings]

I have noticed a lot of outdoor fireplaces when driving around.
Does anyone happen to know if you have to actually get a permit to construct one of these? Does the permit come from the city or the county? Thanks.

[atlantagreg30127]

In the past I wasn't aware of any, however due to the drought we've experienced since last year, these may now fall under the "outdoor burning" bans.

Each city/town will have their own restrictions that may match the county they're in, or be more strict. If you're in a town check with City Hall. Otherwise check with the county if you're in an unincorporated area.

[spacelord75]

Yeah - I would think the outdoor burning restriction would come into play (but if you're using it at night, when you most likely would, no one would probably notice...I think the ban is more for burning trash or leaves). In terms of permitting the construction of one, I THINK it does not, but this is totally on a county/city basis. As long as it was not too big or built in a building set-back zone of the yard (since it would be a permanent structure) I would think it would be fine. I really wanted to get one when we added our new stone patio, but they are so expensive. We ended up getting one of those chimenea fire pits instead.

[RadiatorSprings]

I wonder about these structures though. Sometimes I see them right against their neighbor's houses and I can't believe this was allowed, and that is why I wonder if they had to have a permit.

How does a neighbor deal with a large structure that has been placed next to their house and blows smoke? Does the neighbor have any rights if a fireplace has been placed within the 10 foot setback line, but is smack on top of them?

[spacelord75]

I've actually wondered this too, whenever my wife and I have gone to newer communities which typically have smaller lots, but insist on installing outdoor fireplaces b/c it is so en vogue. To be honest, I don't think there is any official recourse as long as the neighborhood hoa allows it (which they probably do if the fireplaces came with the homes). Typically city or county rules are not as extreme as neighborhood specific rules.

[dixietwister]

In the City of Atlanta you absolutley must get a permit. They treat the structureas any other type of disturbing the land and require full sets of plans, drawings and a survey of the property. I went down to City Hall to pull the permit. THe process took about three hours. If you go on a Friday they only see homeowners. No need to pay an expediter hundreds of $$$'s for such a simple process. It will take you longer to get the drawings and plans than to acutally get your permit.

Originally Posted by RadiatorSprings

I have noticed a lot of outdoor fireplaces when driving around.
Does anyone happen to know if you have to actually get a permit to construct one of these? Does the permit come from the city or the county? Thanks.