Downey, CA Fire Regulations: Outdoor Burning (2026)
Outdoor burning rules in Downey, 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
- Governing section
- Downey Municipal Code § 3306
- Adopted
- Ord. 26-1538, effective Jan. 27, 2026
- Enforcing agency
- Bureau of Fire Prevention, Downey Fire Department
- Private-property condition
- Adjoining owners must be notified first
- Cross-referenced
- Must also comply with § 307 (§ 3311)
Summary
Downey Municipal Code Section 3306 amends California Fire Code 105.5.36 to require an operational permit before kindling any open burning or recreational fire on public or private ground, and bars issuing a private-property permit unless the applicant first notifies adjoining owners.
§ 3306. RECREATIONAL FIRE PERMITS. Section 105.5.36 ("Required Operational Permits: Open Burning") of Chapter 1, Division II of the 2025 Edition of the California Fire Code is hereby amended to read as follows: 105.5.36 Open burning and Recreational Fire. An operational permit is required for any kindling or maintaining of an open burning or recreational fire on any public sidewalk, street, alley, road, or other public or private ground. Open burnings and recreational fires shall be conducted in compliance with the requirements of Section 307, as well as any other instructions, stipulations, and conditions of the permit. No permit shall be issued for an open burning or recreational fire on private property without proof that the applicant has provided notification to the owners of the properties adjoining where the open burning or recreational fire will be kindled or maintained.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4807734; v5 updated 2026-01-27).
Full Breakdown
36 of the 2025 California Fire Code, adopted locally as Downey's fire code, to require an operational permit for any kindling or maintaining of an open burning or recreational fire on any public sidewalk, street, alley, road, or other public or private ground. The permit requirement is enforced through the Bureau of Fire Prevention, which Section 3302 establishes within the Downey Fire Department under the Fire Chief's supervision, with the Fire Marshal running the Bureau day to day. Once issued, a burn permit does not stand alone: Section 3306 requires that open burnings and recreational fires be conducted in compliance with the requirements of Section 307, the companion section that Downey separately amended in Section 3311 to add specific time windows and fuel-load limits, plus any other instructions, stipulations, and conditions written into the permit itself.
Section 3306 also builds a neighbor-notice gate into private-property burns: no permit may be issued for an open burning or recreational fire on private property without proof that the applicant has notified the owners of properties adjoining the burn site. Permit applications and fees run through Section 3304, which routes them to the fire code official and ties them to fees the City Council sets by resolution, including a separate permit investigation fee if work or burning starts before a permit issues. Because the definition of 'recreational fire' in Section 3310 covers cooking, ceremonial, and warmth-purpose fires whose fuel is not contained in an approved barbecue grill, the permit requirement in Section 3306 reaches far beyond bonfires to cover most uncontained outdoor fire pits and portable fireplaces as well.
Violations & Fines
Kindling or maintaining an open burning or recreational fire without the required operational permit, or on private property without the required adjoining-owner notification, violates Section 3306 and is enforced by the Bureau of Fire Prevention within the Downey Fire Department, which can issue citations and order the fire extinguished; permit fees and any investigation fee for unpermitted burning are set by City Council resolution under Section 3304.
Frequently Asked Questions
Do I need a permit for an open fire in my Downey backyard?
Can Downey deny a burn permit because a neighbor objects?
Who enforces Downey's open burning permit rule?
Sources & Official References
Other rules in Downey
How Downey compares: Cities with the Strictest Outdoor Burning Rules·California rules heatmap·Compare Downey to another location·View the California fire regulations overview
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