Berkeley, CA Outdoor Cooking: Smoker Rules (2026)

Wood smokers, pellet smokers, charcoal smokers, ceramic kamados, and offset smokers are all 'open-flame cooking devices' subject to CFC 308.1.4 as adopted under BMC 19.48. On apartment, condo, or townhome balconies, these units must be at least 10 feet from any combustible construction unless the building is fully sprinklered. Single-family lots have no fire-code setback in most of Berkeley, BUT properties in the Fire Hazard Severity Zone (mapped in the Berkeley Wildfire Safety Plan under California Gov. Code 51178) face additional restrictions: during Red Flag Warnings, the Berkeley Fire Marshal may prohibit all wood and charcoal smoking devices in the hillside zone, typically allowing only propane and electric. Smoke nuisance complaints fall under BMC 1.20 (Public Nuisance) and the Bay Area Air Quality Management District's Regulation 5, Rule 5 (wood-burning particulate matter), which prohibits visible emissions from residential combustion that create a nuisance. BAAQMD Spare the Air days can also impose voluntary or mandatory restrictions on wood-burning - smokers are typically exempt because they are cooking devices, not heating devices, but persistent smoke complaints can trigger enforcement. Smokers must not be operated under combustible overhangs (CFC 308.1.6). Burning trash, treated lumber, or painted wood is illegal under BAAQMD Reg. 5 Rule 1 and California H&S Code 41700.