Skip to main content
CityRuleLookup

Oakland, CA Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Oakland, 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 provision
CFC § 307.4.4, locally added
Trigger
Red-flag or Fire Code Official-declared high-risk day
Covers
Open burning, recreational fires, portable fireplaces
Who decides
Fire Code Official (Fire Prevention Bureau)
Setback compliance
Does not excuse the ban

Summary

Oakland's Fire Code amendments bar all open burning, including recreational fires and portable outdoor fireplaces, on red-flag days or any other day the Fire Code Official determines poses a high fire risk. The ban applies citywide and overrides the normal setback rules for that day.

Add: 307.4.4 "Red-flag" and other high fire risk conditions. Open burning, including recreational fires and fires within portable outdoor fireplaces, shall not be permitted on "red-flag" or other days which pose a high fire risk as determined by the Fire Code Official.

Source: BAAQMD Regulation 5 — Open BurningView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 102 | Planning Code: Supplement 59).

Full Breakdown

4, titled '"Red-flag" and other high fire risk conditions,' to the Oakland Fire Code. It states that open burning, including recreational fires and fires within portable outdoor fireplaces, is not permitted on 'red-flag' or other days that pose a high fire risk, as determined by the Fire Code Official. 4, this is a categorical, day-specific ban: it doesn't matter whether a fire is 15 feet from a structure or otherwise compliant, if the Fire Code Official has flagged the day as high-risk, no open burning of any kind covered by this section is allowed.

020 and the Bureau's administrative authority over Title 15's fire-safety chapters. Red-flag warnings in Oakland typically track the National Weather Service's fire-weather alerts for the East Bay hills, but the ordinance gives the Fire Code Official independent authority to declare 'other days which pose a high fire risk' even absent a formal NWS red-flag warning, meaning the City can restrict burning during dry, wind-driven conditions the Weather Service hasn't specifically flagged. Because the section sits inside the broader 2025 California Fire Code adoption (Ordinance No. 12 violations.

Violations & Fines

Lighting or maintaining any open burn, recreational fire, or portable outdoor fireplace on a day the Fire Code Official has designated red-flag or high fire risk violates § 307.4.4 regardless of location or setback compliance, and is enforceable through the Oakland Fire Code's nuisance-abatement and civil-penalty process under OMC Chapter 1.08, which reaches Chapter 15.12 violations.

Frequently Asked Questions

Can I still have a fire pit going on a red-flag warning day in Oakland?
No. OMC § 15.12.030, adding CFC § 307.4.4, prohibits open burning, recreational fires, and portable outdoor fireplaces outright on red-flag days or any other day the Fire Code Official designates as high fire risk, regardless of setback.
Who decides when a burn ban is in effect in Oakland?
The Fire Code Official, a role the City Administrator delegates to the head of the Fire Prevention Bureau within the Oakland Fire Department, determines red-flag and other high-fire-risk days under § 15.12.020 and § 307.4.4.
Does this ban apply beyond official National Weather Service red-flag warnings?
Yes. The ordinance text covers 'red-flag or other days which pose a high fire risk as determined by the Fire Code Official,' giving Oakland's Fire Prevention Bureau authority to restrict burning even when the Weather Service hasn't issued a formal red-flag warning.

Sources & Official References

Other rules in Oakland

All Oakland rules

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

Get notified when Outdoor Burning in Oakland, CA changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

Outdoor Burning in Nearby Cities

How other cities in Alameda County handle outdoor burning.

Hayward, CA
Some Restrictions
Berkeley, CA
Significant Restrictions
Livermore, CA
Heavy Restrictions