Backyard smokers using wood, charcoal, pellets, or propane are allowed in unincorporated San Diego County as cooking devices exempt from open-burning rules, provided clean fuel is used and no smoke nuisance is created. Smokers must be kept clear of structures and dry vegetation, and may be restricted during high fire danger.
Backyard smokers and wood/pellet grills are treated as cooking devices in unincorporated San Diego County, not as regulated open burning. APCD Rule 101(c)(1)(ii) exempts recreational, ceremonial, and cooking fires from open-burning rules, provided only clean dry fuel (wood or charcoal), natural gas, propane, or cooking fuel is used and the fire is set in a manner that does not create a nuisance as defined in APCD Rule 51 (the public nuisance/objectionable-odor rule). That means a smoker producing excessive or persistent smoke that disturbs neighbors could still be cited as an air-quality nuisance under Rule 51 even though cooking is otherwise exempt. The County Consolidated Fire Code's open-flame and attendance provisions apply to the safe operation of any solid-fuel cooking device: it should be attended while in use and kept away from combustible structures and defensible-space vegetation. Because most of the unincorporated County is a Very High Fire Hazard Severity Zone, the local fire district or CAL FIRE may restrict solid-fuel cooking (wood and charcoal) during Red Flag warnings and peak fire season, while propane and gas appliances may remain allowed. Commercial smokers used by food vendors are additionally subject to County health-department and fire-permit requirements.
A smoker that creates excessive or objectionable smoke can be cited as a public nuisance under APCD Rule 51. Operating a solid-fuel cooking device during a posted fire restriction, or so close to combustibles that it creates a hazard, can violate the Fire Code (misdemeanor under Sec. 109.3). Negligently causing a fire can trigger cost recovery under Health & Safety Code section 13000 et seq.
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