Section 308 — OPEN FLAMES

Open flame, fire and burning on all premises shall be in accordance 0with Sections 308.1.1 through 308.4.1 and with other applicable sections of this code.

308.1.1 Where prohibited. A person shall not take or utilize an open flame or light in a structure, vessel, boat or other place where highly flammable, combustible or explosive material is utilized or stored. Lighting appliances shall be well-secured in a glass globe and wire mesh cage or a similar approved device.

[California Code of Regulations, Title 19, Division 1, §3.25(a) and (b)] Open Flame Devices.

(a) Open flame devices shall be prohibited in every Group A, E, I, R-2.1, R-3.1 and R-4 Occupancy.

Exceptions:

(1) Fuel burning elements of approved appliances shall not be considered as open flame devices.

(2) Upon approval of the enforcing agency, open flame devices may be used under the following conditions.

(A) When necessary for ceremonial or theatrical purposes under such restrictions as may be deemed necessary to avoid danger of ignition of combustible materials or injury to occupants.

(B) In approved and stable candle holders on individual tables of dining establishments.

(b) Under no circumstances shall hand held open flame devices such as exposed candles be permitted for any purpose in any occu- pancy within the scope of California Code of Regulations, Title 19, Division 1 regulations.

on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.

GENERAL REQUIREMENTS

308.1.2 Throwing or placing sources of ignition. A person shall not throw or place, or cause to be thrown or placed, a lighted match, cigar, cigarette, matches, or other flaming or glowing substance or object on any surface or article where it can cause an unwanted fire.

308.1.3 Torches for removing paint. A person utilizing a torch or other flame-producing device for removing paint from a structure shall provide not less than one portable fire extinguisher complying with Section 906 and with a minimum 4-A rating, two portable fire extinguishers, each with a minimum 2-A rating, or a water hose connected to the water supply on the premises where such burning is done. The person doing the burning shall remain on the premises 1 hour after the torch or flame-producing device is utilized.

308.1.4 Location near combustibles. Open flames such as from candles and lanterns shall not be located on or near decorative material or similar combustible materials.

308.1.5 Open-flame devices in wildfire risk areas. Torches and other devices, machines or processes liable to start or cause fire shall not be operated or used in or on wildfire risk areas, except by a permit in accordance with Section 105.5 secured from the fire code official.

Exception: Use within inhabited premises or designated campsites that are not less than 30 feet (9144 mm) from grass-, grain-, brush- or forest-covered areas.

308.1.5.1 Signals and markers. Flame-employing devices, such as lanterns or kerosene road flares, shall not be operated or used as a signal or marker in or on wildfire risk areas.

Exception: The proper use of fusees at the scenes of emergencies or as required by standard railroad operating procedures.

308.1.6 Portable fueled open-flame devices. Portable open-flame devices fueled by flammable or combustible gases or liquids shall be enclosed or installed in such a manner as to prevent the flame from contacting combustible material.

Exceptions:

1. LP-gas-fueled devices used for sweating pipe joints or removing paint in accordance with Chapter 61.
2. Cutting and welding operations in accordance with Chapter 35.
3. Torches or flame-producing devices in accordance with Section 308.4.
4. Candles and open-flame decorative devices in accordance with Section 308.3.

308.1.7 Sky lanterns. A person shall not release or cause to be released an untethered sky lantern.

308.1.8 Religious ceremonies. Where, in the opinion of the fire code official, adequate safeguards have been taken, participants in religious ceremonies are allowed to carry hand-held candles. Hand-held candles shall not be passed from one person to another while lighted.

308.1.9 Aisles and exits. Candles shall be prohibited in areas where occupants stand, or in an aisle or exit.

308.1.10 Flaming food and beverage preparation. The preparation of flaming foods or beverages in places of assembly and drinking or dining establishments shall be in accordance with Sections 308.1.10.1 through 308.1.10.5.

308.1.10.1 Dispensing. Flammable or combustible liquids used in the preparation of flaming foods or beverages shall be dispensed from one of the following:

1. A 1-ounce (29.6 ml) container.
2. A container not exceeding 1-quart (946.5 ml) capacity with a controlled pouring device that will limit the flow to a 1ounce (29.6 ml) serving.

308.1.10.2 Containers not in use. Containers shall be secured to prevent spillage when not in use.

308.1.10.3 Serving of flaming food. The serving of flaming foods or beverages shall be done in a safe manner and shall not create high flames. The pouring, ladling or spooning of liquids is restricted to a maximum height of 8 inches (203 mm) above the receiving receptacle.

308.1.10.4 Location. Flaming foods or beverages shall be prepared only in the immediate vicinity of the table being serviced. They shall not be transported or carried while burning.

308.1.10.5 Fire protection. The person preparing the flaming foods or beverages shall have a wet cloth towel immediately available for use in smothering the flames in the event of an emergency.

Permits shall be obtained from the fire code official in accordance with Section 105.5 prior to engaging in the following activities involving open flame, fire and burning:

1. Use of a torch or flame-producing device to remove paint from a structure.
2. Use of open flame, fire or burning in connection with Group A or E occupancies.
3. Use or operation of torches and other devices, machines or processes liable to start or cause fire in or on wildfire risk areas.

Exceptions:

1. Open-flame devices are allowed to be used in the following situations, provided that approved precautions are taken to prevent ignition of a combustible material or injury to occupants: 1.1. Where necessary for ceremonial or religious purposes in accordance with Section 308.1.8.

3-8 2025 CALIFORNIA FIRE CODE

on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.

GENERAL REQUIREMENTS

1.2. On stages and platforms as a necessary part of a performance in accordance with Section 308.3.2. 1.3. Where candles on tables are securely supported on substantial noncombustible bases and the candle flames are protected. 2. Heat-producing equipment complying with Chapter 6 and the California Mechanical Code . 3. Gas lights are allowed to be used provided that adequate precautions satisfactory to the fire code official are taken to prevent ignition of combustible materials.

308.3.1 Open-flame decorative devices. Open-flame decorative devices shall comply with all of the following restrictions:

1. Class I and Class II liquids and LP-gas shall not be used.
2. Liquid- or solid-fueled lighting devices containing more than 8 ounces (237 ml) of fuel must self-extinguish and not leak fuel at a rate of more than 0.25 teaspoon per minute (1.26 ml per minute) if tipped over.
3. The device or holder shall be constructed to prevent the spillage of liquid fuel or wax at the rate of more than 0.25 teaspoon per minute (1.26 ml per minute) when the device or holder is not in an upright position.
4. The device or holder shall be designed so that it will return to the upright position after being tilted to an angle of 45 degrees (0.79 rad) from vertical.

Exception: Devices that self-extinguish if tipped over and do not spill fuel or wax at the rate of more than 0.25 teaspoon per minute (1.26 ml per minute) if tipped over. 5. The flame shall be enclosed except where openings on the side are not more than 0.375-inch (9.5 mm) diameter or where openings are on the top and the distance to the top is such that a piece of tissue paper placed on the top will not ignite in 10 seconds.

6. Chimneys shall be made of noncombustible materials and securely attached to the open-flame device.

Exception: A chimney is not required to be attached to any open-flame device that will self-extinguish if the device is tipped over. 7. Fuel canisters shall be safely sealed for storage. 8. Storage and handling of combustible liquids shall be in accordance with Chapter 57. 9. Shades, where used, shall be made of noncombustible materials and securely attached to the open-flame device holder or chimney. 10. Candelabras with flame-lighted candles shall be securely fastened in place to prevent overturning, and shall be located away from occupants using the area and away from possible contact with drapes, curtains or other combustibles.

be in accordance with Chapter 57. 9. Shades, where used, shall be made of noncombustible materials and securely attached to the open-flame device holder or chimney. 10. Candelabras with flame-lighted candles shall be securely fastened in place to prevent overturning, and shall be located away from occupants using the area and away from possible contact with drapes, curtains or other combustibles.

308.3.2 Theatrical performances. Where approved, open-flame devices used in conjunction with theatrical performances are allowed to be used where adequate safety precautions have been taken in accordance with NFPA 160.

Open flame, fire and burning in Group R occupancies shall comply with the requirements of Sections 308.1 through 308.1.7 and Section 308.4.1.

308.4.1 Group R-2 dormitories. Candles, incense and similar open-flame-producing items shall not be allowed in sleeping units in Group R-2 dormitory occupancies.

A person shall not utilize or allow to be utilized, an open flame in Group I, R-2.1, R-3.1, R-4 occupancies or any Licensed Care Facilities.