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Tustin, CA Outdoor Cooking: Smoker Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Wind/humidity shutoff
>8 mph wind and <25% humidity
Absolute wind cutoff, any fuel
Sustained winds over 20 mph
Cooking devices
Grills/smokers exempt from fire pit setbacks
Rubbish burning
Approved incinerator only, § 305.7

Summary

Barbeques, grills and other devices used solely for cooking are exempt from the City of Tustin's fire pit and outdoor fireplace rules, but a wood or charcoal smoker still counts as an outdoor fire burning solid fuel and is banned outright when sustained winds top 8 mph with humidity under 25%, a red flag is declared, or winds exceed 20 mph.

305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions applies: 1.When predicted sustained winds exceed 8 MPH and relative humidity is less than 25%, or a red flag condition has been declared.2.When an official sign was caused to be posted by the fire code official, or a public announcement is made No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the fire code official. ... 307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. ... Outdoor fireplaces, fire pits, fire rings, or similar ... exterior devices used at Group R occupancies shall comply with this section. Exception: Barbeques, grills, and other portable devices intended solely for cooking.

Full Breakdown

Tustin City Code § 8104 locally amends the 2025 California Fire Code's hazardous-conditions and outdoor-fireplace sections. Section 305.6 bars any outdoor fire burning wood or other solid fuel whenever predicted sustained winds exceed 8 mph and relative humidity drops below 25%, whenever a red flag condition has been declared, or whenever the fire code official posts an official sign or makes a public announcement restricting burning; no outdoor fire of any fuel type, gas or solid, is allowed once predicted sustained winds exceed 20 mph or when the fire code official otherwise determines the fire is a hazard.

A charcoal or wood-pellet smoker in a backyard is a solid-fuel outdoor fire for purposes of this rule and is subject to the same wind and humidity shutoff. Separately, Section 307.6 of the amendment, which sets clearance and approval standards for fire pits and outdoor fireplaces at residential occupancies, expressly carves cooking equipment out of that section: barbeques, grills and other portable devices intended solely for cooking are not required to meet the fire pit's Building Department approval, gas-only-flame, or setback conditions. That means a smoker or grill used for cooking does not need the setback clearances or approval that apply to a decorative gas or wood fire pit, but the operator still must comply with the general open-burning and hazardous-conditions restrictions in Section 305 that OCFA enforces on any red-flag or high-wind day, and rubbish or waste material may only be burned in an approved incinerator per Section 305.7.

Violations & Fines

OCFA, acting as fire code official under this Tustin amendment, enforces violations under the OCFA Prevention Field Services adopted fee schedule, with each day a violation continues after notice treated as a separate offense. Maintaining a fire hazard, such as running a solid-fuel smoker during a posted red-flag restriction, is an infraction; refusing to extinguish or abate it once ordered to do so is a misdemeanor.

Frequently Asked Questions

Can I use a charcoal smoker in my backyard in Tustin?
Yes, ordinarily. Tustin City Code § 8104 exempts devices used solely for cooking from the fire pit setback and approval rules, but the smoker still burns solid fuel outdoors, so it must shut down when sustained winds exceed 8 mph with humidity under 25%, when a red flag is declared, or whenever winds exceed 20 mph.
Does a gas grill face the same restrictions as a wood smoker?
No. Only outdoor fires burning wood or other solid fuel trigger the Section 305.6 wind and humidity shutoff; a gas grill burning only a gas flame is not covered by that hazardous-conditions rule, though OCFA can still restrict any fire it determines is a hazard.
Who enforces Tustin's outdoor cooking fire rules?
The Orange County Fire Authority acts as the fire code official under Tustin City Code § 8104 and assesses penalties from its adopted Prevention Field Services fee schedule, with continuing violations counted separately for each day they persist.

Sources & Official References

Other rules in Tustin

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