Residential Burns, Bonfires, Recreational Fires, and Portable Outdoor Fireplaces
Residential Burns, Bonfires, Recreational Fires, and Portable Outdoor Fireplaces
Permit Required (CFC 105.5.34):
Residential Burning
The open burning of waste vegetation, tree, and yard trimmings or similar for disposal on residential privately-owned property.
Bonfire
An outdoor fire utilized for ceremonial purposes that is larger than 3 feet in diameter and 2 feet in height. Bonfires shall be kept greater than 50 feet away from structure(s).
See https://www.sanmiguelfire.gov/burn-permits for more information on obtaining a permit and general requirements.
Permit not required (General requirements below apply):
Recreational Fires (ex. campfire, fire ring, etc.)
An outdoor open fire burning clean materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, barbecue grill or barbecue pit, and has a total fuel area equal to or less than 3 feet in width, length or diameter and 2 feet in height.
- A recreational fire shall not be conducted within 25 feet of a structure or combustible material. Conditionals that could cause a fire to spread within 25 of a structure shall be eliminated prior to ignition. (CFC 307.4.2)
Portable Outdoor Fireplace (ex. fire pits or chimineas)
A portable, outdoor, solid-fuel-burning fireplace made of noncombustible materials. Generally speaking, fire pits and chimineas purchased from stores are acceptable.
- In single family dwellings, portable outdoor fireplaces shall have a spark arrestor (min. ½ inch noncombustible screen mesh) installed and be used in accordance with the manufacturer's instructions. Operation not within 10 feet of a structure or combustible material is recommended.
- In all other occupancies, portable outdoor fireplace usage shall be used in accordance with manufacturer’s instructions and shall not be operated within 15 feet of a structure or combustible material. (CFC 307.4.3)
General Requirements for Recreational Fires and Portable Fireplace
Note: Individuals can be held civilly and/or criminally liable for allowing a fire to escape their control and/or burn onto neighboring property.
Fuels
Only clean, dry fuels are to be used (ex. dry wood, fire logs purchased from box stores, charcoal or peat briquettes). Paper products, construction debris and/or trash are not allowed. The fuel must be set in such a manner as not to create flying embers or create a nuisance.
Attendance
Open burning, bonfires, recreational fires, and the use of portable outdoor fireplaces shall be constantly attended by an adult until the fire is extinguished.
Fire-extinguishing Equipment
No fewer than one portable fire extinguisher with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.
Smoke
Smoke shall not create a nuisance for other neighborhood residents.
Discontinuance
The fire department is authorized to order a fire to be immediately discontinued if it is determined to constitute a hazardous condition or a permit has not been obtained. (CFC 307.3)
