Santa Clara County Backyard Fire Regulations Rules (2026) — What You Need to Know
Heavy RestrictionsKey Facts
- Open Burning
- Generally illegal under BAAQMD rules
- Fireworks
- All types illegal countywide (except Gilroy)
- BBQ/Open Flame Setback
- 10 feet from combustible construction
- BBQ Exception
- One- and two-family dwellings
- Fire Code
- 2022 California Fire Code with county amendments
- Burn Day Status
- Check BAAQMD daily designation
The Short Version
Santa Clara County enforces strict outdoor burning regulations. Most open burning is illegal in the Bay Area under Bay Area Air Quality Management District (BAAQMD) rules. The county adopts amendments to the California Fire Code, and all fireworks — including those labeled "safe and sane" — are illegal throughout Santa Clara County except in Gilroy. Charcoal burners and open-flame cooking devices are prohibited on combustible balconies or within 10 feet of combustible construction for multi-unit buildings.
Full Breakdown
Santa Clara County falls within the jurisdiction of the Bay Area Air Quality Management District (BAAQMD), which regulates open burning due to its impact on air quality. Most open burning is illegal in the nine-county Bay Area, including all of Santa Clara County. Limited exceptions exist for agricultural burning and natural resource management, and even those are only permitted during designated BURN days when weather conditions favor smoke dispersal.
The county adopts the California Fire Code with local amendments. Under the fire code (Section 308.1.4), charcoal burners and other open-flame cooking devices are prohibited from being operated on combustible balconies or within 10 feet of combustible construction. An exception applies for one- and two-family dwellings, which may use open-flame cooking devices closer to the structure.
All fireworks — including those labeled "safe and sane" — are illegal to use, own, or sell anywhere in Santa Clara County, with the sole exception of the City of Gilroy, which permits safe and sane fireworks in designated areas from 9 AM on July 1 through 10 PM on July 4. CalFire periodically issues burn bans covering all of Santa Clara County during elevated fire risk conditions, which restrict all outdoor burning in State Responsibility Areas.
Propane and natural gas fire pits are generally permitted for residential use at one- and two-family dwellings, provided they are installed and operated in compliance with the fire code and maintain adequate clearance from combustible materials.
What Happens If You Violate This?
Illegal fireworks possession, use, or sale can result in fines of $500 to $50,000 and possible imprisonment. Illegal open burning violations can result in citations from BAAQMD and local fire authorities, with fines varying by severity. Fire code violations related to open-flame device placement can lead to fire department citations and orders to abate the hazard. During declared fire emergencies, violations carry enhanced penalties.
Frequently Asked Questions
Can I have a backyard fire pit in unincorporated Santa Clara County?
Are any fireworks legal in Santa Clara County?
Can I use a charcoal grill on my apartment balcony?
Sources & Official References
How does Santa Clara County compare?
See how Santa Clara County's backyard fire regulations rules stack up against other locations.