San Jose, CA Fire Regulations: Backyard Fires (2026)

Open burning of leaves, brush, and yard debris is prohibited within San Jose city limits year-round; clippings and trimmings must be placed in the city's green-waste bin. BAAQMD Regulation 6 Rule 3 bans wood burning (including fireplaces, fire pits, and chimineas) on declared Spare the Air days, which run November through February and are called when PM2.5 is forecast to exceed standards. Violating a Spare the Air alert carries a $100 first-offense fine, escalating to $500 for repeat violations. Outside Spare the Air periods, recreational fires are allowed using dry, seasoned wood or manufactured logs in portable fire pits or permanent masonry features, kept at least 25 feet from structures and overhanging vegetation. Fire pits in wildfire-zone hillside neighborhoods (Alum Rock, Silver Creek, Almaden) face additional San Jose Fire restrictions during red-flag warnings and may be banned outright in the highest hazard areas. Natural gas and propane fire pits are exempt from Spare the Air rules and permitted year-round, making them the preferred option for regular backyard use. Fireworks, including Safe and Sane, are illegal within San Jose city limits; possession or discharge carries fines up to $1,000.