Berkeley, CA Fire Regulations: Fire Pits & Backyard Fires (2026)
Fire pit rules in Berkeley, CA, also called outdoor burning, recreational fire, or open flame ordinances, cover fuel types, clearances, and when burning is allowed.
Key Facts
- Exempt-fire setback
- 30 feet from combustibles/vegetation
- Attendant required
- person 17 or older watching at all times
- Burn-ban trigger
- red flag conditions or public announcement
- Applies in
- mapped WUI hillside fire zones only
- Appeal window
- 10 calendar days to City Council
Summary
In Berkeley's Wildland-Urban Interface areas, covering the High and Very High Fire Hazard Severity Zones plus the Panoramic and Grizzly Peak Mitigation Areas, a fire pit, portable barbecue, or outdoor fireplace can run without a permit only if it stays on an inhabited property and sits at least 30 feet from combustible material or nonfire-smart vegetation. Any other outdoor fire needs a written permit from the Fire Chief.
A104.7.1 General. Persons shall not build, ignite or maintain any outdoor fire of any kind for any purpose in or on any wildland-urban interface area, except by the authority of a written permit from the code official. Exception: Outdoor fires within inhabited premises or designated campsites where such fires are in a permanent barbecue, portable barbecue, outdoor fireplace, incinerator, fire pits or grill and are not less than 30 feet (9144 mm) from any combustible material or nonfire-smart vegetation.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 8031-NS, passed July 28, 2026).
Full Breakdown
030. 1 carves out one exception: a permanent barbecue, portable barbecue, outdoor fireplace, incinerator, fire pit, or grill on an inhabited property or designated campsite, kept at least 30 feet from combustible material or nonfire-smart vegetation, needs no separate permit. 2 whenever red flag conditions are declared by NOAA, when high winds are blowing, when no one 17 years or older is present to watch the fire, or when the City makes a public announcement that open burning is prohibited; solid- or liquid-fueled fire pits and barbecues are barred outright during any public burn-ban announcement.
9 lets the code official order a stop to any fire activity determined to be reckless. 3; a fire pit in the Berkeley flatlands outside those mapped zones is not reached by this chapter.
Violations & Fines
Violating the WUI fire-pit rules is a misdemeanor under Fire Code § 113.4 (adopted at BMC § 19.48.020), chargeable as an infraction at the enforcing officer's or City Attorney's discretion, with each day of a continuing violation a separate offense. The City may also issue an administrative citation under BMC Chapter 1.28 or pursue nuisance abatement under BMC Chapter 1.24. An owner may appeal a Fire Code official's order to the City Council within 10 calendar days under Section 112.1, after paying the appeal fee and depositing the fine or obtaining a hardship waiver.
Frequently Asked Questions
Do I need a permit for a fire pit in the Berkeley hills?
Can I still use my fire pit during a red flag warning?
What is a Wildland-Urban Interface area in Berkeley?
Sources & Official References
Other rules in Berkeley
How Berkeley compares: Cities with the Strictest Fire Pit Rules·California rules heatmap·Compare Berkeley to another location·View the California fire regulations overview
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Fire Pits & Backyard Fires in Nearby Cities
How other cities in Alameda County handle fire pits & backyard fires.