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Modesto, CA Fire Regulations: Fire Pits & Backyard Fires (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Fire pit rules in Modesto, CA, also called outdoor burning, recreational fire, or open flame ordinances, cover fuel types, clearances, and when burning is allowed.

Key Facts

Code Section
Modesto Municipal Code § 3-1.206 (amending CFC §§ 307.4.2, 307.4.3, 307.5; deleting § 307.4.1)
Wood fire pits
Prohibited
Chimineas (wood-burning)
Prohibited
Propane/gas patio heaters
Allowed subject to other city codes
Attendance required
Constant until fully extinguished
Extinguisher required
4A rating + water/dirt source

Summary

Modesto bans backyard recreational fires outright (wood fire pits, chimineas, bonfires). Portable outdoor fireplaces (gas/propane appliances) are not categorically banned but remain subject to other city codes, and any fire that is allowed must be constantly attended with an extinguisher on hand.

Attendance. Open burning or use of portable outdoor fire places as used at one- and two-family dwellings shall be constantly attended until the fire extinguished. Not fewer than one portable fire extinguisher complying with section 906 with a 4A minimum rating and a water hose, water truck or medium of dirt/sand shall be immediately available.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 71).

Full Breakdown

Three local amendments combine to ban almost all backyard fires in Modesto. Modesto Municipal Code § 3-1.206 (i) amends CFC § 307.4.2 to prohibit recreational fires (the category that covers backyard fire pits, chimineas, and similar wood-burning appliances), with a narrow exception only for permitted religious ceremonies; (ii) deletes CFC § 307.4.1 entirely (the bonfire allowance); and (iii) amends CFC § 307.4.3 so that portable outdoor fireplaces (typically propane/gas patio appliances) must still comply with any other applicable city codes. Section 307.5 (Attendance) is amended to require that any open burning or portable-outdoor-fireplace use at one- and two-family dwellings be constantly attended until the fire is extinguished, and that at least one 4A-rated portable fire extinguisher plus a water hose, water truck, or dirt/sand be immediately available. Smoke that escapes a property line and bothers neighbors can also be enforced as a public nuisance under separate Modesto Municipal Code provisions.

Violations & Fines

Administrative penalties under § 3-1.303(b): $500 first violation, $1,000 second violation within 12 months, $1,500 for subsequent violations within 12 months. The city may also recover full response costs (§ 3-1.305) and, where a private nuisance occurs, the resident may face civil abatement under Modesto's general nuisance provisions.

Frequently Asked Questions

Is a wood-burning chiminea legal in my Modesto backyard?
No. A chiminea used to burn wood is a 'recreational fire' under California Fire Code definitions, and Modesto Municipal Code § 3-1.206 amends CFC § 307.4.2 to prohibit recreational fires except for religious ceremonies.
What about a built-in gas fire pit?
Gas-fueled appliances fall under CFC § 307.4.3 (Portable Outdoor Fireplaces) and similar provisions. Modesto's amendment requires compliance with other city municipal codes and uses, but does not impose the categorical ban that applies to wood recreational fires. Manufacturer setback requirements, structure clearances, and supervision rules still apply.
What if my neighbor's smoke drifts into my yard?
Even where a fire is technically allowed (e.g., a permitted religious ceremony or a gas appliance), smoke that interferes with the comfortable enjoyment of neighboring property can be reported as a nuisance to Modesto Code Enforcement. The San Joaquin Valley Air District also accepts complaints at 800-281-7003.

Sources & Official References

Other rules in Modesto

All Modesto rules

How Modesto compares: Cities with the Strictest Fire Pit Rules·California rules heatmap·Compare Modesto to another location·View the California fire regulations overview

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