Fire pit rules in Milpitas, CA — also called outdoor burning, recreational fire, or open flame ordinances — cover fuel types, clearances, and when burning is allowed.
Backyard fire pits and portable outdoor fireplaces are governed by the California Fire Code adopted by Milpitas (Section 307). Recreational fires must keep required clearances from structures and combustibles, be attended, and have extinguishing equipment ready. Use is banned on Spare the Air alert days.
Milpitas adopts the California Fire Code (Title V, Chapter 300 of the Milpitas Municipal Code), so fire pits and portable outdoor fireplaces follow California Fire Code Section 307 on recreational fires and portable outdoor fireplaces. Under that section, a recreational fire (an open fire burning wood or other solid fuel, not in a container) must generally be located at least 25 feet from any structure or combustible material, and conditions that could allow fire to spread must be cleared before lighting. Portable outdoor fireplaces and fire pits equipped with a spark-arresting device get reduced clearances: at least 3 feet from combustible construction at one- and two-family (Group R-3) dwellings, and at least 15 feet at other residential occupancies. The fire must be constantly attended by a responsible person until fully extinguished, and a means of extinguishing the fire (a hose, bucket of water, fire extinguisher, or shovel and dirt) must be available. Beyond the Fire Code, air-quality rules apply: the Bay Area Air Quality Management District (BAAQMD) prohibits the use of outdoor fire pits and other wood-burning devices on any day a Spare the Air Alert is in effect, which can occur year-round under BAAQMD Regulation 6, Rule 3. Cleaner-burning gas/propane fire features are generally the safer compliance choice and are not subject to the wood-smoke ban.
Operating a fire pit too close to structures, leaving it unattended, or burning during a Spare the Air Alert can trigger Fire Department enforcement under the adopted Fire Code. BAAQMD wood-burning violations carry a $100 fine for a first offense and $500 for a second.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
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