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

San Jose Municipal Code Section 9.10.820 prohibits burning solid waste in the city and, under subsection C, bars any fire on public streets, alleys, or property except one set by the fire department. Subsection D bans burning solid waste on private premises too, aside from fuel burned in an approved woodburning appliance. Subsection E then carves out the exception for recreational and ceremonial fires: notwithstanding the rest of the section, the chief of the bureau of fire prevention may issue a permit for a bonfire or other outdoor fire, following the process set out in Chapter 17.12 of the code (San Jose's adopted California Fire Code). There is no automatic, permit-free backyard fire pit allowance written into the municipal code, every outdoor fire runs through the fire chief's permit process rather than a self-certifying size or setback exemption.