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Hayward, CA Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Hayward, 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

Permit required for
non-cooking outdoor rubbish fires
Issuing authority
Fire Chief, City of Hayward
Permit duration
one year from date of issue
Allowed burning hours
7:00 a.m. to 12:00 noon only
Bonfire setback
20 ft from building, 5 ft from line
Type 3 incinerator setback
10 ft from building, 5 ft from line

Summary

Hayward bans igniting or maintaining any outdoor fire for burning rubbish, other than for cooking, without first getting a permit from the Fire Chief under Municipal Code Section 3-1.20. Permits come in three types under Section 3-1.22, run for one year, and are subject to strict burning hours, material bans and setback distances the Fire Chief can revoke at will.

It shall be unlawful for any person to ignite or maintain a fire, for other than cooking purposes, outside a building for the purpose of burning rubbish without first having obtained a permit therefor as herein provided.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 28 Update 1 | Charter: Supplement 1).

Full Breakdown

21, listing the applicant's name and address, the burn location, and any other information the Fire Chief requires. 26, though a bonfire permittee must still call in and get the Fire Chief's approval for each specific day and fire. 24 bars burning garbage, rubber, oil or oil-soaked rubbish, or anything else that produces offensive odor or sooty smoke. and noon each day, except Type 1 incinerators fitted with a fully effective smoke and fly-ash arrester. 29 sets location setbacks: bonfires must stay at least 20 feet from any building and 5 feet from any property line, Type 2 incinerators need 5 feet from buildings and property lines, and Type 3 incinerators, which include outdoor barbecue pits used for non-cooking burning, need 10 feet from buildings and 5 feet from property lines.

Fire Zone One permits only enclosed Type 1 and yard-maintained Type 2 incinerators; Fire Zone Two adds Type 3 incinerators tied to a single residential unit. 23 whenever the burning endangers life or property.

Violations & Fines

Burning rubbish outdoors without the Section 3-1.20 permit, or outside the hours and setbacks fixed in Sections 3-1.28 and 3-1.29, is a Municipal Code violation. Absent a burning-specific penalty clause, it falls under the general Section 1-3.00 scheme: a first offense is an infraction with a fine capped at the Government Code Section 36900 limit, and the Fire Chief can also revoke or modify any existing permit under Section 3-1.23 whenever a fire endangers life or property.

Frequently Asked Questions

Do I need a permit to burn rubbish outside in Hayward?
Yes, unless the fire is for cooking. Section 3-1.20 makes it unlawful to ignite or maintain any outdoor fire for burning rubbish, other than for cooking purposes, without first obtaining a permit from the Fire Chief. The Fire Chief issues Bonfire, Incinerator or Special permits under Section 3-1.22, each valid for one year, and can revoke any of them on notice if the burning threatens life or property.
What hours can I burn in Hayward?
Section 3-1.28 limits all permitted burning to between 7:00 a.m. and 12:00 noon; no fire may burn between noon and 7:00 a.m. the following day. The only exception is a Type 1 incinerator equipped with a fully effective smoke and fly-ash arrester, which the Fire Chief can exempt from the time limit.
How far from my house does a fire pit or incinerator have to be?
It depends on the fire type under Section 3-1.29. A bonfire needs 20 feet of clearance from any building and 5 feet from any property line. A Type 2 incinerator needs 5 feet from both a building and a property line, and a Type 3 incinerator, which covers an outdoor barbecue pit used for non-cooking burning, needs 10 feet from a building and 5 feet from a property line.

Sources & Official References

Other rules in Hayward

All Hayward rules

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

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