Fire pit rules in San Jose, CA — also called outdoor burning, recreational fire, or open flame ordinances — cover fuel types, clearances, and when burning is allowed.
Fire pits and portable outdoor fireplaces are allowed in San Jose with clearance requirements under the 2022 Fire Code. Recreational fires need 25-foot setback from structures.
Under the San Jose Fire Code 2022, recreational fires (including fire pits) must maintain at least 25 feet of clearance from structures and combustible materials. Portable outdoor fireplaces must be used per manufacturer instructions and kept 15 feet from structures, with an exception for one- and two-family dwellings. All fires must be constantly attended. Combustible conditions within the clearance zone must be eliminated before ignition. BAAQMD spare-the-air restrictions may prohibit wood burning on certain days.
Illegal burning: $100 to $1,000. Causing fire: criminal charges possible. CA PRC §4423: up to $1,000 + 6 months.
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Side-by-side rule comparisons with other cities in Santa Clara County.
See how other cities in Santa Clara County handle fire pit rules.
See how San Jose's fire pit rules rules stack up against other locations.
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