Marin County, CA Fire Regulations: Fire Pits & Backyard Fires (2026)
Fire pit rules in Marin County, CA, also called outdoor burning, recreational fire, or open flame ordinances, cover fuel types, clearances, and when burning is allowed.
Key Facts
- Code Section
- Marin Co. Code Ch. 16.16; CFC § 307.4.2 (recreational fires), § 307.4.3 (portable outdoor fireplaces)
- Recreational fire size
- ≤ 3 ft diameter, ≤ 2 ft height; 25 ft from structures
- Portable fireplaces
- 15 ft from structures (residential)
- Spark arrestor
- Required on chimineas and similar
- Red Flag Warning
- All outdoor fire pits and BBQs banned
- Attendance
- Adult required at all times with extinguishment means
Summary
Residential fire pits and chimineas are generally allowed in unincorporated Marin under the California Fire Code as adopted in Chapter 16.16 MCC, but spark arrestors are required, recreational fires must follow CFC § 307 size and clearance rules, and all outdoor open flames are banned countywide during Red Flag Warnings.
During Red Flag Warnings, residents must avoid these activities: No barbecues or fire-pits outdoors. No open flames including cooking, power tools, or mowers. No smoking outdoors.
Full Breakdown
Marin County adopts the California Fire Code (CFC) with local amendments under Chapter 16.16 of the Marin County Code (Ordinance 3775, 2022). CFC § 307 governs 'open burning, recreational fires, and portable outdoor fireplaces.' Under CFC § 307.4.2, a recreational fire is limited to a total fuel area of three feet in diameter and two feet in height, must be at least 25 feet from any structure or combustible material, and must be constantly attended by a competent person with a means of extinguishment. Portable outdoor fireplaces (chimineas, manufactured fire pits) under CFC § 307.4.3 must be used in accordance with the manufacturer's instructions and may not be operated within 15 feet of a structure or combustible material in residential occupancies.
Marin's local guidance further requires that clay fireplaces (chimineas) have 'a spark arrester on the flue and a spark screen to cover the opening' and that they not be operated 'in unsafe windy conditions where sparks or embers may leave the assembly.' Critically, during any National Weather Service Red Flag Warning, Fire Safe Marin and the County direct residents that 'no barbecues or fire-pits outdoors' and 'no open flames' are permitted countywide. Gas-fueled and propane patio fire features are generally safer and not subject to the same recreational-fire size limits, but remain prohibited during Red Flag Warnings.
Violations & Fines
Operating a non-compliant fire pit or recreational fire is a violation of the Marin County Fire Code (Ch. 16.16 MCC) and California Fire Code § 307. Citations are typically issued as infractions; if a fire escapes, the responsible party is liable for suppression costs under Cal. Health & Safety Code § 13009 and may face criminal charges under Penal Code § 452 (reckless burning).
Frequently Asked Questions
Are wood-burning fire pits legal in my Marin backyard?
What about a propane or natural-gas fire feature?
Do I need a permit for a backyard fire pit?
Can I burn pine cones, scrap lumber, or trash in a fire pit?
Sources & Official References
Other rules in Marin County
How Marin County compares: Cities with the Strictest Fire Pit Rules·California rules heatmap·Compare Marin County to another location·View the California fire regulations overview
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