San Jose, CA Fire Regulations: Outdoor Burning (2026)
Outdoor burning rules in San Jose, 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
- Core ban
- SJMC § 9.10.820: no open burning
- Backyard trash fires
- Banned citywide, no exceptions
- Bonfire permits
- Issued only by fire prevention chief
- Street/public fires
- Fire department personnel only
- Enforcement
- Criminal, civil, or administrative action
Summary
San Jose Municipal Code § 9.10.820 bans burning any solid waste anywhere in the city, including backyard trash and yard-waste fires. Street and public-property fires are off-limits too, except for fire department personnel or a chief-issued bonfire permit.
No person shall burn any solid waste within the limits of the city except in accordance with and subject to the following limitations and conditions: ... D. No person shall burn any solid waste within or upon any premises except for the burning of fuel in woodburning appliances which is not prohibited under Section 9.11.310 of this Code. E. Notwithstanding any other provision of this section, the chief of the bureau of fire prevention of the fire department may issue a permit for the burning of a bonfire, or other fire in an outdoor location pursuant to Chapter 17.12 of this Code.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5 Update 3).
Full Breakdown
Municipal Code § 9.10.820 makes it unlawful to burn any solid waste anywhere in San Jose. Garbage and commercial or medical rubbish may only be burned under the fire prevention chief's authority per the Fire Code. No fire may be kindled in a street, alley, or other public place except by fire department personnel. Backyard trash burning is banned outright, though EPA-certified or pellet woodburning appliances remain legal fuel sources under separate rules (§ 9.11.310). The fire prevention chief may issue a permit for a bonfire or other outdoor fire under Chapter 17.12, the city's adopted Fire Code: without one, any open burn is illegal.
Violations & Fines
Violations of Chapter 9.10, including illegal burning, may be prosecuted criminally, civilly, or administratively at the city's sole discretion, per § 9.10.3040: the code does not cap enforcement to one remedy.
Frequently Asked Questions
Can I burn trash or yard waste in my San Jose backyard?
Can I get a permit for a bonfire in San Jose?
Can I still use my fireplace or wood stove at home?
Sources & Official References
Other rules in San Jose
How San Jose compares: Cities with the Strictest Outdoor Burning Rules·California rules heatmap·Compare San Jose to another location·View the California fire regulations overview
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Outdoor Burning in Nearby Cities
How other cities in Santa Clara County handle outdoor burning.