here in the land of entrapment, the hd says the smoker must be enclosed also. minimum is a screened in one. but you have to have a hood vent. and is the smoking chamber is larger than three feet long, you have to have fire suppression.
of course if non of this is to a persons liking, then wait a month or so and ask again. majority of questions will have different answers(especially if you get a different person).
now, what i have seen/heard some folks do is to go the state route. seems to be more consistent about what is required and heard rumor that they even work with ya on things. of course your mileage may vary. another thing about the state that is seemingly better is that if you are state certified, you should be able to cook/peddle your food anywhere in the state.