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

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

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

Key Facts

Gas fire pit clearance, single-family
3 feet from combustibles
Gas fire pit clearance, other R occupancies
10 feet from combustibles
Wood/solid-fuel setback
25 feet unless permanent fireplace
Portable wood fire ring, single-family
3 feet with spark arrester
Portable wood fire ring, other R occupancies
15 feet with spark arrester
Cooking devices
Grills/barbeques exempt from section

Summary

In the City of Tustin, gas-fired fire pits and outdoor fireplaces need Building Department approval and a three-foot clearance from combustible construction at single-family homes, ten feet at other residential occupancies. Wood-burning devices carry a 25-foot combustible-structure setback unless built as a permanent fireplace with a spark arrester.

307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. ... Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R occupancies shall comply with this section. ... 307.6.1 Gas-fueled devices. ... Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet. ... Exceptions: 1.Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3' from combustible construction at R-3 occupancies,2.Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies.

Full Breakdown

Tustin City Code § 8104 locally amends the 2025 California Fire Code with a dedicated section covering fire pits, fire rings and outdoor fireplaces at Group R (residential) occupancies. Gas-fueled units burning only natural gas or liquefied-petroleum gas are allowed once the Building Department approves the installation and confirms the device cannot burn wood or other solid fuel; the vertical atmospheric column above the unit must stay three feet clear of combustible construction and vegetation at single-family (R-3) properties, and ten feet clear at other residential occupancies such as apartments and condos, unless a Building Department-approved hood and vent lets construction encroach between the hood bottom and the vent opening.

Wood- or solid-fuel-burning devices face tighter rules: a permanent fireplace must be built to California Building Code clearances with a firebox, attached chimney and a working spark arrester, and no wood or solid-fuel fire may burn within 25 feet of a combustible structure unless it is inside such a permanent fireplace. Portable wood-burning fire rings and pits equipped with a spark arrester get a narrower carve-out: at least 3 feet from combustible construction at single-family homes, and at least 15 feet at other R occupancies.

Barbeques, grills and other devices intended solely for cooking are excluded from this section entirely. Every wood-burning fire, portable or permanent, is also banned outright whenever the fire code official posts a hazard notice, and any outdoor fire is barred when sustained winds exceed 20 mph regardless of fuel type.

Violations & Fines

Enforcement runs through the Orange County Fire Authority as OCFA holds the fire code official role under the Tustin amendment. A code violation, including an unpermitted gas fire pit or an undersized clearance, is assessed under the OCFA Prevention Field Services adopted fee schedule, and each day a violation continues after notice counts as a separate offense. Operating or maintaining a fire hazard on a property you control is an infraction; failing to abate it after an order is a misdemeanor.

Frequently Asked Questions

Do I need a permit for a gas fire pit in Tustin?
Yes. Tustin City Code § 8104 requires Building Department approval before a natural gas or propane fire pit is installed, and the device must be built to burn only gas, never wood or other solid fuel, to qualify under that approval.
How far must a wood-burning fire pit sit from my house in Tustin?
A portable wood-burning fire ring or pit fitted with a spark arrester must sit at least 3 feet from combustible construction at a single-family home, or 15 feet at other residential occupancies; an unenclosed wood fire generally cannot burn within 25 feet of any combustible structure unless it is a permanent fireplace.
Are barbecues and grills covered by Tustin's fire pit rules?
No. Tustin City Code § 8104 expressly excepts barbeques, grills and other portable devices intended solely for cooking from the outdoor fireplace and fire pit section, so those clearance and approval rules do not apply to cooking equipment.

Sources & Official References

Other rules in Tustin

All Tustin rules

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

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