Backyard smokers in unincorporated Modoc County are treated as open-flame cooking devices under the adopted 2022 California Fire Code. There is no separate county smoker ordinance, but the same 10-foot clearance rule applies (with a one- and two-family home exemption), and high fire risk means smokers must be kept clear of dry vegetation.
Modoc County has no smoker-specific ordinance; charcoal, wood, pellet, and propane smokers are regulated as 'open-flame cooking devices' under the 2022 California Fire Code, adopted through Modoc County Code Chapter 15.01 (Ordinance No. 221-J, July 2024). California Fire Code Section 308.1.4 provides that charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet of combustible construction, and that LP-gas burners with a container water capacity greater than 2.5 pounds are likewise restricted; one- and two-family dwellings and sprinklered buildings are exempt. Because most smoking is done at single-family rural homes in unincorporated Modoc County, residents there can generally use a smoker on their own property, but multi-family residents must observe the clearance rule. The bigger concern in Modoc is wildfire: the county is high-desert sagebrush and forested Warner Mountain land at serious fire risk. A wood or charcoal smoker produces embers, so it should be operated on a non-combustible surface, kept well away from dry grass, sagebrush, fences, and structures, never left unattended, and shut down during red-flag warnings or local fire restrictions. CAL FIRE (Lassen-Modoc Unit) and the Modoc National Forest can impose seasonal fire restrictions that limit charcoal and wood-fired devices, especially on public land, so check current conditions during fire season. Anyone whose cooking fire escapes can be held criminally and civilly responsible for the resulting wildfire.
Using a charcoal, wood, or large propane smoker within 10 feet of combustible construction at a multi-family building violates the adopted California Fire Code Section 308.1.4. Operating one in violation of CAL FIRE or Modoc National Forest fire restrictions, or causing an escaped fire, can bring citations, fines, and liability.
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