Hayward, 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 HMC Chapter 9. On apartment, condo, or townhome balconies these units must be at least 10 feet from any combustible construction unless the building is fully fire-sprinklered. Single-family lots in flatland Hayward (west of Mission Boulevard) have no fire-code setback for backyard smokers. Properties in Fairview, the Hayward Hills, and the East Bay foothills above Mission Boulevard fall within Local Responsibility Area Fire Hazard Severity Zones (Moderate, High, and Very High) mapped by CAL FIRE under California Government Code 51178, and during Red Flag Warnings the Hayward Fire Marshal may prohibit all wood and charcoal smoking devices in those hillside zones. Smoke-nuisance complaints fall under HMC Chapter 4 Article 1 (Public Nuisances) for sustained smoke, and under Bay Area Air Quality Management District (BAAQMD) Regulation 6, Rule 3 (Wood-Burning Devices), which prohibits residential combustion that creates a public nuisance on Spare the Air days. Smokers used as cooking devices are generally exempt from BAAQMD Spare the Air wood-burning bans - but persistent smoke creating a verifiable nuisance can trigger enforcement. Burning trash, treated lumber, or painted wood is illegal under BAAQMD Reg. 6 Rule 1 and California Health & Safety Code 41700.