Fire Regulations in San Jose, CA (2026)
6 verified fire regulations for San Jose, California, sourced directly from the municipal code and official government pages.
Verified from official government sources
Fire Pits & Backyard Fires
San Jose bars burning solid waste and open fires citywide, but the fire prevention bureau chief may permit a bonfire or other outdoor fire under Municipal Code Section 9.10.820(E), via the Chapter 17.12 fire code process.
San Jose Outdoor Fire Permit Rule
Significant RestrictionsSan Jose Municipal Code § 9.10.820(E)
Notwithstanding any other provision of this section, the chief of the bureau of fire prevention of the fire department may issue a permit for the burning of a bonfire, or other fire in an outdoor location pursuant to Chapter 17.12 of this Code.
Fireworks
San Jose bans possessing, selling, storing, or using any fireworks citywide, including 'Safe and Sane' fireworks state law lets many California cities sell: social hosts face strict liability for gatherings where fireworks are used illegally.
San Jose Fireworks Ban Includes Safe and Sane
Heavy RestrictionsSan Jose Municipal Code § 17.12.972 (amending Cal. Fire Code § 5601.1.3)
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of fireworks, including those fireworks classified as Safe and Sane by the California State Fire Marshal, are prohibited. Exceptions: The use of fireworks for firework displays (pyrotechnics) before a proximate audience, and pyrotechnic special effects in motion pictures, television, theatrical, or group entert...
Brush Clearance
San Jose enforces defensible space requirements under California Public Resources Code §4291 in the East Foothills, Alum Rock, Almaden Valley, and Silver Creek WUI zones. Property owners must maintain 100 feet of defensible space around structures, with annual inspections by San Jose Fire Department and Cal Fire in mapped hazard areas.
Brush Clearance Rules in San Jose
Some RestrictionsCalifornia Public Resources Code § 4291
(1) (A) Maintain defensible space of 100 feet from each side and from the front and rear of the structure, but not beyond the property line, except as provided in subparagraph (B). The amount of fuel modification necessary shall consider the flammability of the structure as affected by building material, building standards, location, and type of vegetation. Fuels shall be maintained and spaced ...
Outdoor Burning
San Jose Municipal Code § 9.10.820 bans burning any solid waste anywhere in the city, including backyard trash and yard-waste fires. Street and public-property fires are off-limits too, except for fire department personnel or a chief-issued bonfire permit.
San Jose Open Burning Ban
Significant RestrictionsSan Jose Municipal Code § 9.10.820
No person shall burn any solid waste within the limits of the city except in accordance with and subject to the following limitations and conditions: ... D. No person shall burn any solid waste within or upon any premises except for the burning of fuel in woodburning appliances which is not prohibited under Section 9.11.310 of this Code. E. Notwithstanding any other provision of this section, t...
Wildfire Zones
Cal Fire maps significant portions of eastern and southern San Jose as Very High Fire Hazard Severity Zones, including Alum Rock, East Foothills, Evergreen, Silver Creek, and Almaden Valley rims. Homes in these zones face stricter building codes, defensible space inspections, insurance scrutiny, and AB 38 disclosure requirements on sale.
Wildfire Zones in San Jose
Some RestrictionsCAL FIRE Fire Hazard Severity Zones (PRC §§ 4201-4204; 14 CCR § 1280; Gov. Code §§ 51175-89)
The State Fire Marshal is mandated to classify lands within State Responsibility Areas into Fire Hazard Severity Zones (FHSZ). Fire Hazard Severity Zones fall into one of the following classifications: Moderate High Very High The California laws that require Fire Hazard Severity Zones include California Public Resources Code 4201-4204, California Code of Regulations Title 14, Section 1280 and C...
Smoke Detectors
San Jose enforces California Building Code and Health & Safety Code smoke alarm requirements, mandating working alarms in every bedroom, outside each sleeping area, and on each level of a home. Carbon monoxide alarms are also required. Hardwired interconnected alarms are standard in new construction and major remodels.
Smoke Detector Rules in San Jose
Some RestrictionsCalifornia Health & Safety Code § 13113.7
(a) (1) Except as otherwise provided in this section, smoke alarms, approved and listed by the State Fire Marshal pursuant to Section 13114 at the time of installation, shall be installed, in accordance with the manufacturer's instructions in each dwelling intended for human occupancy. (2) For all dwelling units intended for human occupancy for which a building permit is issued on or after Janu...
Looking for Santa Clara County county-wide rules?
County ordinances apply to unincorporated areas and may supplement San Jose city rules.
Fire Regulations in Santa Clara County →