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Verify locally. This page reflects publicly available information as of May 2025. Always confirm requirements with your local building department.
25 ft
Open fire setback
Required
Masonry permits
Year-round
Curtailment season
BAAQMD
Air quality authority

Overview

San Jose falls within BAAQMD's Spare the Air wood-burning program — which is the most restrictive major air district program in the country because it operates year-round, not just in winter. On any Spare the Air alert day, all residential wood burning is prohibited throughout the nine-county Bay Area. San Jose also has its own municipal wood-burning ordinance that adds additional restrictions beyond BAAQMD's program.

Building Permits

City of San José Development Services — 408-535-3555, sanjoseca.gov/permits. Online permitting available. San José is a high-volume building department — budget 3–6 weeks for plan review on residential accessory structures. Gas work requires a licensed California contractor.

BAAQMD Year-Round Alerts

Check sparetheair.org or call 1-800-HELP-AIR. BAAQMD alerts can be called any day of the year, not just winter. The Spare the Air mobile app is the most convenient way to check before any wood-burning use. Violations can result in warning letters and fines on subsequent violations.

San José Municipal Wood-Burning Ordinance

San José has its own ordinance restricting the installation and use of wood-burning devices beyond BAAQMD's program. Verify current ordinance language with the City of San José Environmental Services department — rules have been updated periodically and are more restrictive than the BAAQMD baseline in some respects.

Department Contacts

DepartmentContactPurpose
San José Development Servicessanjoseca.gov/permits / 408-535-3555Building permits
BAAQMD Spare the Airsparetheair.org / 1-800-HELP-AIRYear-round wood-burning alerts
San José Environmental Servicessanjoseca.gov/envMunicipal wood-burning ordinance
Disclaimer: This page is for general informational purposes only. Always verify with local authorities before constructing or operating any fire feature.