# Which government entities are concerned with me building a fire in my back yard? **URL:** \ **Category:** Factual Questions\ **Created:** [July 10, 2009, 6:23am UTC](https://boards.straightdope.com/t/which-government-entities-are-concerned-with-me-building-a-fire-in-my-back-yard/502535 "2009-07-10T06:23:50Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![runcible\_spoon](https://avatars.discourse-cdn.com/v4/letter/r/9fc29f/32.png) [@runcible\_spoon](https://boards.straightdope.com/u/runcible_spoon)\ **Post date:** [July 10, 2009, 6:23am UTC](https://boards.straightdope.com/t/which-government-entities-are-concerned-with-me-building-a-fire-in-my-back-yard/502535/1 "2009-07-10T06:23:50Z")
Supposing I wanted to, say, spit-roast an ox in my back yard. Obviously, this is a little more involved than a simple barbecue, so perhaps checking with the authorities would be a good idea. Now, I live in San Francisco, which is both a city and a county, so that simplifies things - one assumes the Fire Department has something to say in the matter. But I’m wondering - since I’m fairly clueless about more-than-office and less-than-congressional politics - who else would have jurisdiction here? Are there other city/county agencies that are involved (I’m also curious about places where the two aren’t identical). I would think that the state of California, in some capacity, would get a say, but which agencies? There probably isn’t a Department of Spit-Roasting (DSR) for me to apply to, so who do I need to call up to see if it’s kosher? ---
**Author:** ![VunderBob](https://avatars.discourse-cdn.com/v4/letter/v/839c29/32.png) [@VunderBob](https://boards.straightdope.com/u/VunderBob)\ **Post date:** [July 10, 2009, 12:01pm UTC](https://boards.straightdope.com/t/which-government-entities-are-concerned-with-me-building-a-fire-in-my-back-yard/502535/2 "2009-07-10T12:01:15Z")
> [@runcible\_spoon](#): > > Supposing I wanted to, say, spit-roast an ox in my back yard. Obviously, this is a little more involved than a simple barbecue, so perhaps checking with the authorities would be a good idea. > > Now, I live in San Francisco, which is both a city and a county, so that simplifies things - one assumes the Fire Department has something to say in the matter. But I’m wondering - since I’m fairly clueless about more-than-office and less-than-congressional politics - who else would have jurisdiction here? Are there other city/county agencies that are involved (I’m also curious about places where the two aren’t identical). I would think that the state of California, in some capacity, would get a say, but which agencies? There probably isn’t a Department of Spit-Roasting (DSR) for me to apply to, so who do I need to call up to see if it’s kosher? I’d start with the Fire Marshal’s office, because they’d be the first to enforce an action involving a fire. Probably the Code Enforcement people would come second. North Carolina has some rather harsh laws against open burning, but there is always an exception for fires purpose-built for cooking. In The People’s Republic of San Francisco, YMWillV. ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [July 10, 2009, 12:56pm UTC](https://boards.straightdope.com/t/which-government-entities-are-concerned-with-me-building-a-fire-in-my-back-yard/502535/3 "2009-07-10T12:56:46Z")
> [@runcible\_spoon](#): > > Supposing I wanted to, say, spit-roast an ox in my back yard. Obviously, this is a little more involved than a simple barbecue, so perhaps checking with the authorities would be a good idea. > > Now, I live in San Francisco, which is both a city and a county, so that simplifies things - one assumes the Fire Department has something to say in the matter. But I’m wondering - since I’m fairly clueless about more-than-office and less-than-congressional politics - who else would have jurisdiction here? Are there other city/county agencies that are involved (I’m also curious about places where the two aren’t identical). I would think that the state of California, in some capacity, would get a say, but which agencies? There probably isn’t a Department of Spit-Roasting (DSR) for me to apply to, so who do I need to call up to see if it’s kosher? Never lived in California, but in all of the places I’ve lived, outside city limits is no problem. Inside city limits have always required a “burn permit” from the city fire department, and the issuance of it depends on the type of fire and the proximity of your neighbors. If you have a 2 acre parcel of land with neighbors a distance away, then no problem. If you live on a postage stamp lot, in the middle of a drought, with dead and dry foliage nearby, you might have trouble getting it issued. ---
**Author:** ![Quercus](https://avatars.discourse-cdn.com/v4/letter/q/7ab992/32.png) [@Quercus](https://boards.straightdope.com/u/Quercus)\ **Post date:** [July 10, 2009, 1:22pm UTC](https://boards.straightdope.com/t/which-government-entities-are-concerned-with-me-building-a-fire-in-my-back-yard/502535/4 "2009-07-10T13:22:24Z")
Since this sounded more like an theoretical inquiry, I’ll add for completeness: I don’t know about California specifically, but it’s quite possible there are state air pollution laws & regulations about burning (enforced by whatever CA calls its environmental department). As **VunderBob** said, it’s quite possible that there are exceptions for cooking fires, as these laws are really aimed at trash or brush burning. In some cases, these state regulations may also be federally enforceable (by the U.S. EPA). I don’t think the EPA will take formal action over a single backyard barbeque (even if it’s a full-ox sized barbeque) of course, but just so you know. ---
**Author:** ![Keeve](https://avatars.discourse-cdn.com/v4/letter/k/f07891/32.png) [@Keeve](https://boards.straightdope.com/u/Keeve)\ **Post date:** [July 10, 2009, 1:57pm UTC](https://boards.straightdope.com/t/which-government-entities-are-concerned-with-me-building-a-fire-in-my-back-yard/502535/5 "2009-07-10T13:57:40Z")
You might also check with the health department. I don’t know where your ox is coming from, but I’ve heard some places have laws against eating roadkill. I don’t know what other animals might fall in that category. Is there a deer hunter in the house? ---
**Author:** ![VunderBob](https://avatars.discourse-cdn.com/v4/letter/v/839c29/32.png) [@VunderBob](https://boards.straightdope.com/u/VunderBob)\ **Post date:** [July 10, 2009, 2:07pm UTC](https://boards.straightdope.com/t/which-government-entities-are-concerned-with-me-building-a-fire-in-my-back-yard/502535/6 "2009-07-10T14:07:45Z")
> [@Keeve](#): > > You might also check with the health department. I don’t know where your ox is coming from, but I’ve heard some places have laws against eating roadkill. I don’t know what other animals might fall in that category. > > Is there a deer hunter in the house? Who said anything about roadkill? I can get dressed and ready to roast whole beef or whole pigs at any specialty butcher/meat packer. I can think of six within 50 miles of home, and I live in the middle of nowhere. SF area should have a lot more than Tidewater VA/NC. ---
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [July 10, 2009, 2:32pm UTC](https://boards.straightdope.com/t/which-government-entities-are-concerned-with-me-building-a-fire-in-my-back-yard/502535/7 "2009-07-10T14:32:19Z")
You’re confusing open burning laws with cooking. As long as you have a marshmallow on the end of the stick, it’s a cooking fire. ---
**Author:** ![AskNott](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asknott/32/5790_2.png) [@AskNott](https://boards.straightdope.com/u/AskNott)\ **Post date:** [July 10, 2009, 2:37pm UTC](https://boards.straightdope.com/t/which-government-entities-are-concerned-with-me-building-a-fire-in-my-back-yard/502535/8 "2009-07-10T14:37:59Z")
> [@Magiver](#): > > You’re confusing open burning laws with cooking. As long as you have a marshmallow on the end of the stick, it’s a cooking fire. I agree, but I’d still check with the local authorities. You never know. ---
**Author:** ![VunderBob](https://avatars.discourse-cdn.com/v4/letter/v/839c29/32.png) [@VunderBob](https://boards.straightdope.com/u/VunderBob)\ **Post date:** [July 10, 2009, 2:41pm UTC](https://boards.straightdope.com/t/which-government-entities-are-concerned-with-me-building-a-fire-in-my-back-yard/502535/9 "2009-07-10T14:41:58Z")
> [@Magiver](#): > > You’re confusing open burning laws with cooking. As long as you have a marshmallow on the end of the stick, it’s a cooking fire. As weird as SF/California is, I would not be surprised if they don’t make the distinction. ---
**Author:** ![Tastes\_of\_Chocolate](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tastes_of_chocolate/32/3232_2.png) [@Tastes\_of\_Chocolate](https://boards.straightdope.com/u/Tastes_of_Chocolate)\ **Post date:** [July 10, 2009, 2:58pm UTC](https://boards.straightdope.com/t/which-government-entities-are-concerned-with-me-building-a-fire-in-my-back-yard/502535/10 "2009-07-10T14:58:02Z")
Every time I’ve checked in Minnesota, it’s been the city that sets the rules for open flames in your yard. My current city has all the info posted on their website, so I’d start there. ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [July 10, 2009, 3:04pm UTC](https://boards.straightdope.com/t/which-government-entities-are-concerned-with-me-building-a-fire-in-my-back-yard/502535/11 "2009-07-10T15:04:20Z")
> [@jtgain](#): > > If you have a 2 acre parcel of land with neighbors a distance away, then no problem. If you live on a postage stamp lot, in the middle of a drought, with dead and dry foliage nearby, you might have trouble getting it issued. In San Francisco, it’s more likely to be the postage-stamp size lot with very close neighbors (less than 30 feet?). Aside from the fire marshal, the neighbors may object to the smells from the roasting meat. ---
**Author:** ![runcible\_spoon](https://avatars.discourse-cdn.com/v4/letter/r/9fc29f/32.png) [@runcible\_spoon](https://boards.straightdope.com/u/runcible_spoon)\ **Post date:** [July 10, 2009, 3:08pm UTC](https://boards.straightdope.com/t/which-government-entities-are-concerned-with-me-building-a-fire-in-my-back-yard/502535/12 "2009-07-10T15:08:39Z")
> [@Quercus](#): > > Since this sounded more like an theoretical inquiry, I’ll add for completeness: > I don’t know about California specifically, but it’s quite possible there are state air pollution laws & regulations about burning (enforced by whatever CA calls its environmental department). As **VunderBob** said, it’s quite possible that there are exceptions for cooking fires, as these laws are really aimed at trash or brush burning. In some cases, these state regulations may also be federally enforceable (by the U.S. EPA). > I don’t think the EPA will take formal action over a single backyard barbeque (even if it’s a full-ox sized barbeque) of course, but just so you know. Well, it’s sort of half-theoretical - I _would_ like to do some spit-roasting, but I’m also curious about how places (any places, not just SF) work these things out. Because a fire can (especially in dry areas) have impacts waaaaaay outside whatever town you reside in, I’d think there’d be some kind of state-level agency that would like me not to set California on fire, m’kay? If I ever do get my hands on a full ox, I’ll give the Fire Department a call, but in the meantime, feel free to give me less local details. ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [July 10, 2009, 3:15pm UTC](https://boards.straightdope.com/t/which-government-entities-are-concerned-with-me-building-a-fire-in-my-back-yard/502535/13 "2009-07-10T15:15:35Z")
I would think you’d need a large rotisserie for a whole ox. Or could you cook one without needing to turn it repeatedly? ---
**Author:** ![Twoflower](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/twoflower/32/22_2.png) [@Twoflower](https://boards.straightdope.com/u/Twoflower)\ **Post date:** [July 10, 2009, 3:17pm UTC](https://boards.straightdope.com/t/which-government-entities-are-concerned-with-me-building-a-fire-in-my-back-yard/502535/14 "2009-07-10T15:17:01Z")
I can’t find whether ox roasting is a permitted type of open burning, but the agency you want is the [Bay Area Air Quality Management District .](http://www.baaqmd.gov/Divisions/Compliance-and-Enforcement/Open-Burning.aspx) ---
**Author:** ![VunderBob](https://avatars.discourse-cdn.com/v4/letter/v/839c29/32.png) [@VunderBob](https://boards.straightdope.com/u/VunderBob)\ **Post date:** [July 10, 2009, 3:18pm UTC](https://boards.straightdope.com/t/which-government-entities-are-concerned-with-me-building-a-fire-in-my-back-yard/502535/15 "2009-07-10T15:18:43Z")
> [@runcible\_spoon](#): > > Well, it’s sort of half-theoretical - I _would_ like to do some spit-roasting, but I’m also curious about how places (any places, not just SF) work these things out. Because a fire can (especially in dry areas) have impacts waaaaaay outside whatever town you reside in, I’d think there’d be some kind of state-level agency that would like me not to set California on fire, m’kay? If I ever do get my hands on a full ox, I’ll give the Fire Department a call, but in the meantime, feel free to give me less local details. Then, as mentioned previously, check with the Fire Marshal (part of the Fire Department) first. ---
**Author:** ![Baby\_Driver](https://avatars.discourse-cdn.com/v4/letter/b/258eb7/32.png) [@Baby\_Driver](https://boards.straightdope.com/u/Baby_Driver)\ **Post date:** [July 10, 2009, 3:20pm UTC](https://boards.straightdope.com/t/which-government-entities-are-concerned-with-me-building-a-fire-in-my-back-yard/502535/16 "2009-07-10T15:20:01Z")
> [@runcible\_spoon](#): > > Now, I live in San Francisco I thought you’re no longer allowed to burn wood in the Bay Area on account of air pollution rules??? My parents live in Oakland and when I was back in break last December, that’s what they told me. I googled “San Fran wood burning legal” just now and came up with this: [http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/11/26/BA3914CO00.DTL](http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/11/26/BA3914CO00.DTL) Maybe my info’s dated though. ---
**Author:** ![Twoflower](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/twoflower/32/22_2.png) [@Twoflower](https://boards.straightdope.com/u/Twoflower)\ **Post date:** [July 10, 2009, 3:24pm UTC](https://boards.straightdope.com/t/which-government-entities-are-concerned-with-me-building-a-fire-in-my-back-yard/502535/17 "2009-07-10T15:24:32Z")
missed the edit window … “Fires set only for cooking of food for human beings, or fires set for recreational purposes using only clean dry wood or charcoal, and a small amount of fire starter” are indeed exempt from air quality regulations, according to Regulation 5. ---
**Author:** ![Shot\_From\_Guns](https://avatars.discourse-cdn.com/v4/letter/s/ccd318/32.png) [@Shot\_From\_Guns](https://boards.straightdope.com/u/Shot_From_Guns)\ **Post date:** [July 10, 2009, 4:03pm UTC](https://boards.straightdope.com/t/which-government-entities-are-concerned-with-me-building-a-fire-in-my-back-yard/502535/18 "2009-07-10T16:03:23Z")
> [@runcible\_spoon](#): > > There probably isn’t a Department of Spit-Roasting (DSR) for me to apply to, so who do I need to call up to see if it’s kosher? The [Orthodox Union](http://en.wikipedia.org/wiki/Orthodox_Union) can probably help you out there. ---
**Author:** ![runcible\_spoon](https://avatars.discourse-cdn.com/v4/letter/r/9fc29f/32.png) [@runcible\_spoon](https://boards.straightdope.com/u/runcible_spoon)\ **Post date:** [July 10, 2009, 5:02pm UTC](https://boards.straightdope.com/t/which-government-entities-are-concerned-with-me-building-a-fire-in-my-back-yard/502535/19 "2009-07-10T17:02:49Z")
> [@Dewey\_Finn](#): > > I would think you’d need a large rotisserie for a whole ox. Or could you cook one without needing to turn it repeatedly? Yeah, a large spit is definitely in order. Technical and culinary considerations to be discussed [in a new thread in Cafe Society.](http://boards.straightdope.com/sdmb/showthread.php?t=524054) ---
**Author:** ![janeslogin](https://avatars.discourse-cdn.com/v4/letter/j/df788c/32.png) [@janeslogin](https://boards.straightdope.com/u/janeslogin)\ **Post date:** [July 10, 2009, 6:35pm UTC](https://boards.straightdope.com/t/which-government-entities-are-concerned-with-me-building-a-fire-in-my-back-yard/502535/20 "2009-07-10T18:35:38Z")
The most egregious limitations in our city are the CC&R (Covenants, Conditions and Restrictions). These are thing that the community comes up with and the city gives them a legal nod. Finding CC&Rs can sometimes be a bit of hassle. [Next page](https://boards.straightdope.com/t/which-government-entities-are-concerned-with-me-building-a-fire-in-my-back-yard/502535.md?page=2)