Hayward, CA Outdoor Cooking: Smoker Rules (2026)

A backyard smoker or barbecue used strictly to cook food sits outside the Fire Code's permit system: Section 3-1.20 only requires an outside-fire permit for fires "for other than cooking purposes." The moment a barbecue pit or outdoor fireplace is fired up for something other than cooking, such as burning yard waste or trash, Section 3-1.26 pulls it into the incinerator scheme: "Whenever an outdoor barbecue pit or outdoor fire place is used for other than cooking purposes, such use shall be subject to regulations provided herein for Type 3 incinerators." Section 3-1.00 defines a Type 3 Incinerator as a metal or masonry incinerator, barbecue pit, or similar structure for burning rubbish that is entirely enclosed, fitted with a removable cover, and limited to openings no larger than one-half inch in diameter.

Once a barbecue pit is treated as a Type 3 incinerator, it needs a one-year Incinerator Fire Permit from the Fire Chief under Sections 3-1.22 and 3-1.26, must sit at least 10 feet from any building and 5 feet from any property line under Section 3-1.29, and in Fire Zone Two may only be used where it serves a single residential dwelling unit and yard space is maintained under Section 3-1.31. Fire Zone One bars Type 3 incinerators outright, permitting only enclosed Type 1 units and yard-maintained Type 2 incinerators.

Materials that give off offensive odor or sooty smoke, including garbage, rubber, or oil-soaked rubbish, cannot be burned in any incinerator or barbecue pit under Section 3-1.24.