Outdoor smokers in unincorporated Mendocino County are treated as open-flame cooking devices under the California Fire Code. They may not be operated on combustible balconies or within 10 feet of combustible construction in multifamily buildings, and the wood-smoke they produce is for cooking - not waste disposal - so MCAQMD open-burning permits do not apply.
Mendocino County has no smoker-specific ordinance; barbecue smokers are regulated as open-flame cooking devices under the adopted California Fire Code. CFC Section 308.1.4 prohibits charcoal burners and other open-flame cooking devices from being operated on combustible balconies or within 10 feet of combustible construction, which mainly affects apartments and condominiums of three or more units; one- and two-family dwellings and fully sprinklered buildings are excepted, and small LP-gas devices with a container of 2.5 pounds water capacity or less are also allowed near combustible construction. Wood- and charcoal-fired smokers used to cook food are cooking devices, not open burning, so the Mendocino County Air Quality Management District (MCAQMD) burn-permit and permissive-burn-day rules - which govern disposal of vegetation and waste - do not apply to legitimate food smoking. However, MCAQMD nuisance provisions still discourage smoke that unreasonably affects neighbors. Because most of unincorporated Mendocino County is high or very high fire hazard State Responsibility Area, smokers should be kept on noncombustible surfaces, away from dry grass and structures, with embers and ash fully extinguished and cool before disposal. During Red Flag Warnings or CAL FIRE restrictions, outdoor solid-fuel cooking may be further limited.
Operating a charcoal or wood smoker on a combustible balcony or within 10 feet of combustible construction in a multifamily building violates California Fire Code 308.1.4 and can draw a correction order or citation. Smoke that creates a public nuisance can trigger MCAQMD nuisance enforcement, and careless ash disposal that ignites a wildfire can create civil liability.
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