Backyard wood fires in unincorporated Santa Clara County must meet California Fire Code distance and attendance rules, but are routinely prohibited during CAL FIRE burn bans and Bay Area Spare the Air alerts. Propane and gas fire features stay legal when wood fires are banned.
Backyard fires in unincorporated Santa Clara County face overlapping restrictions because the area is a high-wildfire-risk State Responsibility Area. Recreational wood fires must comply with California Fire Code Section 307: located at least 25 feet from any structure or combustible material (15 feet for a portable outdoor fireplace), constantly attended until extinguished, with on-site extinguishing equipment available (Section 307.5). Beyond the Fire Code, two seasonal layers commonly shut backyard fires down. First, CAL FIRE (Santa Clara Unit) and the county routinely declare burn bans during fire season; the State has banned all outdoor burning in Santa Clara County in past summers, with 'no open fires, campfires or charcoal fires permitted,' while lanterns, portable gas/propane stoves, and propane or gas fire pits remain allowed. Second, the Bay Area Air District's wood-burning rule (Regulation 6, Rule 3) bans burning wood and solid fuel - indoors and outdoors, including fire pits and chimineas - whenever a Spare the Air alert is called, most often in the November-February winter season. The practical result is that clean propane or natural-gas fire features are the most reliably legal option for backyard warmth, while open wood fires are permitted only when no burn ban and no Spare the Air alert are in effect and Fire Code distances are met.
Open wood fires during a CAL FIRE/county burn ban are prohibited and enforced by the fire marshal. Burning wood outdoors during a Spare the Air alert violates BAAQMD Regulation 6, Rule 3 (first violation: a wood-smoke course or $100; second: $500). Unattended or too-close fires violate the Fire Code.
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