Milpitas, CA Fire Regulations: Backyard Fires (2026)

Backyard recreational fires in Milpitas are governed by the California Fire Code, which the city adopts in Title V, Chapter 300 of the Municipal Code. Under Fire Code Section 307, a 'recreational fire' is a small outdoor fire for cooking, warmth, or similar use, not a means of disposing of waste. Such fires must be kept the required distance from anything that can burn: an open recreational fire must generally be at least 25 feet from structures and combustible materials, while a manufactured fire pit or portable outdoor fireplace fitted with a spark arrester can be placed closer (as little as 3 feet from combustible construction at a single-family home). The fire must be constantly attended by a capable person until it is completely out, and a fire-extinguishing method such as a garden hose, a bucket of water, dirt and a shovel, or a portable extinguisher must be immediately available. Only clean, dry firewood or approved solid fuel should be burned; burning leaves, brush, garbage, or construction debris is prohibited open burning under BAAQMD rules. Air-quality rules also apply: on any day the Bay Area Air Quality Management District declares a Spare the Air Alert, the use of wood-burning backyard fires and fire pits is banned under Regulation 6, Rule 3, with fines of $100 for a first violation and $500 for a second. Gas and propane fire features are a compliant alternative because they are not subject to the wood-smoke ban.