Fremont Backyard Fire Regulations Rules (2026): What You Need to Know

The City of Fremont regulates outdoor fires through its adoption of the California Fire Code with local amendments codified in the Fremont Municipal Code. Recreational fires — defined as outdoor fires used for cooking, warmth, or enjoyment — are permitted on private residential property when contained in a commercially manufactured portable fire pit, chiminea, or similar approved device. The fire must not exceed three feet in diameter and two feet in height, and must be positioned at least fifteen feet from any structure, fence, property line, or combustible vegetation. A competent adult must supervise the fire at all times, and a garden hose connected to a water supply or a portable fire extinguisher rated at least 4-A must be readily available for immediate use.

Open burning of vegetation, yard waste, trash, lumber, construction debris, and any other solid materials is prohibited within Fremont city limits at all times. This prohibition is enforced jointly by the Fremont Fire Department and the Bay Area Air Quality Management District (BAAQMD) under Regulation 5. Unlike many Southern California cities that fall under the South Coast AQMD, Fremont is within the BAAQMD jurisdiction, which covers the nine-county San Francisco Bay Area. BAAQMD issues mandatory Winter Spare the Air alerts when meteorological conditions are expected to trap fine particulate matter at ground level. On declared Spare the Air days, all wood-burning — including fireplaces, wood stoves, outdoor fire pits burning wood, and pellet stoves that are not EPA-certified — is prohibited. Natural gas and propane fire pits and fireplaces remain exempt from Spare the Air restrictions.

Fremont's geographic position along the eastern shore of San Francisco Bay, combined with the Diablo Range foothills to the east, creates conditions where cold-air drainage and temperature inversions can trap smoke and particulate matter in the Niles Canyon and Mission San Jose hillside neighborhoods. The Fremont Fire Department may impose additional fire restrictions during Red Flag Warning events declared by the National Weather Service, particularly affecting the Niles Canyon and hillside Wildland-Urban Interface areas east of Mission Boulevard. During such events, all outdoor fires including recreational fire pits may be temporarily prohibited. Residents can check current Spare the Air status at sparetheair.org or by calling 1-877-4-NO-BURN (1-877-466-2876).