Sunnyvale, 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 SMC Title 16. On apartment, condo, or townhome balconies, these units must be at least 10 feet from any combustible construction unless the building is fully sprinklered. Sunnyvale's predominant Single Family Home (SFH) districts (R-0, R-1, R-2) are R-3 occupancies and have no fire-code setback. Smoke nuisance complaints fall under SMC nuisance provisions and the Bay Area Air Quality Management District's Regulation 6 (Particulate Matter and Visible Emissions) and Reg. 6 Rule 3 (wood-burning devices in particular). BAAQMD Reg. 6 Rule 3 prohibits visible residential combustion emissions that create a nuisance (the 'public nuisance' standard). BAAQMD Spare the Air alerts (issued November 1 through February 28) impose mandatory restrictions on residential wood-burning for heating - cooking devices like smokers are typically exempt because they are not wood-burning heaters, but persistent smoke that drifts onto neighbors can still trigger Reg. 6 Rule 3 enforcement. Smokers must not be operated under combustible overhangs (CFC 308.1.6). Burning trash, treated lumber, or painted wood is illegal under BAAQMD Reg. 5 Rule 1 and California Health & Safety Code 41700. Sunnyvale's Department of Public Safety responds to complaints jointly with BAAQMD inspectors.