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Berkeley, CA Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Berkeley, CA, also called the burn ban, open burning, or fire restriction ordinance, set when you can burn yard waste, debris, or run a recreational fire.

Key Facts

Default rule
no outdoor fire without written permit
Trash burning
prohibited even with a fire-pit permit
Burn-ban triggers
red flag conditions, high wind, public announcement
Ash disposal
fire pit hearth or covered container only
Geographic scope
mapped WUI hillside zones only

Summary

Berkeley bars any outdoor fire in its mapped Wildland-Urban Interface areas, the hillside fire hazard zones above the flatlands, unless the person burning holds a written permit from the Fire Chief. Burning rubbish, trash, or combustible waste in a barbecue, fireplace, incinerator, or fire pit is prohibited outright, permit or no permit.

A104.7.1 General. Persons shall not build, ignite or maintain any outdoor fire of any kind for any purpose in or on any wildland-urban interface area, except by the authority of a written permit from the code official. A104.7.3 Restrictions. Persons shall not use a permanent barbecue, portable barbecue, outdoor fireplace, incinerator, fire pit or grill for the disposal of rubbish, trash or combustible waste material.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 8031-NS, passed July 28, 2026).

Full Breakdown

040): no person may build, ignite, or maintain an outdoor fire of any kind there without a written permit from the code official, the Fire Chief acting as fire code official. 3 separately bars using a permanent barbecue, portable barbecue, outdoor fireplace, incinerator, fire pit, or grill for the disposal of rubbish, trash, or combustible waste material, regardless of permit status. 2). 2 voids permission to burn during NOAA red flag conditions, high winds, unattended fires, or after a City announcement that open burning is prohibited. 9. These rules apply only inside Berkeley's mapped WUI hillside zones; they do not reach the flatland districts outside those boundaries.

Violations & Fines

Burning without a permit, or burning rubbish in violation of Section A104.7.3, is a misdemeanor under Fire Code § 113.4, chargeable as an infraction at the enforcing officer's discretion, with each day of continued violation a separate offense. The City may issue an administrative citation under BMC Chapter 1.28, declare the violation a public nuisance under Chapter 1.26, or abate it under Chapter 1.24. Orders of the fire code official may be appealed to the City Council within 10 calendar days under Section 112.1, subject to payment of the appeal fee and an advance deposit of any fine.

Frequently Asked Questions

Is open burning banned everywhere in Berkeley?
The permit requirement in Section A104.7.1 applies inside the mapped Wildland-Urban Interface hillside fire zones described at BMC § 19.49.040, Section 302.3. Outside those mapped zones this chapter does not apply.
Can I burn yard debris or trash in my backyard fire pit?
No. Section A104.7.3 prohibits using a barbecue, fireplace, incinerator, or fire pit for disposing of rubbish, trash, or combustible waste material, even if the appliance otherwise qualifies for the permit-free exception.
Who can order a burn ban in Berkeley's fire zones?
The Fire Chief, acting as fire code official under BMC § 2.65.030, can make a public announcement prohibiting open burning under Section A104.7.2, which immediately voids any outdoor fire, permitted or not, until the announcement is lifted.

Sources & Official References

Other rules in Berkeley

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How Berkeley compares: Cities with the Strictest Outdoor Burning Rules·California rules heatmap·Compare Berkeley to another location·View the California fire regulations overview

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Outdoor Burning in Nearby Cities

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