Articles

Barbecues, Grilling, and your Community Association: Local Rules You Need to Know

Date: July 7, 2017

Summer is officially here and we just celebrated the Fourth of July. Along with pools and other activities, grilling and hosting barbecues are two of America's favorite summer pastimes. These activities present great opportunities for owners to get outside on their own properties or the common elements/areas, for the association to host social gatherings, and for residents to enjoy themselves. Community associations, their boards of directors, and their managers, however, need to be aware of the restrictions contained in state and local law, and their respective community association's governing documents relating to grilling. Most often, these restrictions relate to fire safety. To ensure compliance with legal obligations and to keep residents and their guests safe, board members and managers must understand and appreciate these restrictions. It is important for owners and residents to understand these restrictions, too.

Whiteford, Taylor & Preston, LLP serves community associations throughout Delaware, the District of Columbia, Maryland, and Virginia. Each of these jurisdictions has its own fire prevention code. Many of the localities within the jurisdiction either adopt the statewide code, or do so with certain revisions. With some exceptions, localities that adopt and revise a statewide code tend to have more restrictive or extensive fire prevention regulations than what is required by the state. To assist your community association with its grilling questions, we have compiled a list of the local laws or ordinances related to grilling in select local jurisdictions. 

DELAWARE

Statewide
Delaware has adopted the National Fire Protection Association Fire Code, NFPA 1 (2015). 707-7-1.0 DEL. ADMIN. CODE § 1.1 (2017) (“Delaware State Fire Prevention Regulations”).

  • Outdoor grilling: No hibachi, grill, or other similar devices used for cooking shall be used or kindled on any balcony, under any overhanging portion, or within 10ft of any structure. No hibachi, grill, or other similar devices used for cooking shall be stored on a balcony.
  • Storage of flammable fuels: Outside storage of combustible materials shall not be located within 10ft of a property line and shall not be stored beneath a building unless the building is specifically constructed for that purpose. Storage of cylinders within a residential building, including the basement or any storage area in a common basement of a multiple-family building and attached or detached garages, shall be limited to cylinders each with a maximum water capacity of 2.7 lb. and shall not exceed 5.4 lb. aggregate water capacity per each living space unit.
  • Exceptions: Provisions do not apply to one and two family dwellings. Equipment permanently installed in accordance with its listing, applicable codes, and manufacturer's instructions shall be permitted.

Kent
This jurisdiction follows the Delaware State Fire Prevention Regulations.

*The city of Dover has adopted some different regulations.

  • Outdoor grilling: Recreational barbecuing shall be prohibited on any balcony or under any overhanging portion or within 15 feet of any structure, except that the use of electrical ranges or electrical grills shall be permitted. Dover, DE Mun. Code § 46.5(e)(1).
  • Storage of flammable fuels: In apartment buildings, condominiums, or any other multifamily residential dwelling of three or more units by any other name, the storage of propane tanks inside units or on balconies is prohibited. Dover, DE Mun. Code § 46.5(e)(1).

New Castle
This jurisdiction follows the Delaware State Fire Prevention Regulations.

Sussex
This jurisdiction follows the Delaware State Fire Prevention Regulations.

DISTRICT OF COLUMBIA

DC
D.C. has adopted the International Fire Code (2006) with certain revisions. D.C. CODE  MUN. REGS. tit. 12H § F-101H et seq. (2008) (“D.C. Fire Prevention Code”).

  • Outdoor Grilling: Charcoal grills on balconies of any. Grills with gas burners or tanks are not allowed on rooftop terraces or on combustible balconies. Grills with gas burners or tanks are not allowed within 10 feet of combustible construction.
  • Storage of flammable fuels: LP-gas burners with tanks shall not be located on rooftop terraces, combustible balconies or within 10 feet (3048 mm) of combustible construction. Storage of cylinders within a residential building, including the basement or any storage area in a common basement of a multiple-family building and attached or detached garages, shall be limited to cylinders each with a maximum water capacity of 2.7 lb. and shall not exceed 5.4 lb. aggregate water capacity per each living space unit.
  • Exceptions:
    • Single family homes
    • Where buildings, balconies and decks are protected by an automatic sprinkler system.
    • Natural gas grills approved and installed in accordance with the Construction Codes, provided that such grills are installed on a non-combustible surface and located 10 feet (3048 mm) or more from any combustible construction.

MARYLAND

Statewide
Maryland has adopted the National Fire Protection Association Fire Code, NFPA 1 (2015). Md. Code Regs. 29.06.01.01 et seq. (2017) (“State Fire Prevention Code”). See also MD. CODE ANN., PUB. SAFETY § 9-1001 (2017).

  • Outdoor grilling: No hibachi, grill, or other similar devices used for cooking shall be used or kindled on any balcony, under any overhanging portion, or within 10ft of any structure. No hibachi, grill, or other similar devices used for cooking shall be stored on a balcony.
  • Storage of flammable fuels: Outside storage of combustible materials shall not be located within 15ft of a property line and shall not be stored beneath a building unless the building is specifically constructed for that purpose. Storage of cylinders within a residential building, including the basement or any storage area in a common basement of a multiple-family building and attached or detached garages, shall be limited to cylinders each with a maximum water capacity of 2.7 lb. and shall not exceed 5.4 lb. aggregate water capacity per each living space unit.
  • Exceptions: Provisions do not apply to one and two family dwellings. Equipment permanently installed in accordance with its listing, applicable codes, and manufacturer's instructions shall be permitted.

Allegany County
This jurisdiction follows the State Fire Prevention Code.

Anne Arundel County

  • Outdoor grilling: This jurisdiction has adopted the State Fire Prevention Code with respect to outdoor grilling, but explicitly permits electric grills or similar appliances where no open flame is produced. Anne Arundel Cnty. Mun. Code. § 10.11.7.
  • Storage of flammable fuels: This jurisdiction has adopted the State Fire Prevention Code with respect to storage of flammable fuels, except that flame producing cooking devices are prohibited within 15 feet of any structure. Anne Arundel Cnty. Mun. Code. § 10.11.7.

Baltimore City

  • Outdoor grilling: Charcoal burners and other open-flame cooking devices may not be operated on combustible balconies or within 10 ft. of any combustible construction or property line. Baltimore City Mun. Code § 308.1.4.
  • Storage of flammable fuels: Storage or use of LP gas containers of any size in assembly building or in any assembly are of a building is prohibited. Baltimore City Mun. Code § 308.3.

Baltimore County

  • Outdoor grilling: Except for 1 and 2 family dwellings, no hibachi, gas fired grill, charcoal grill, electric grill, deep fryer, fuel fired heating or cooking device, or other similar devices used for cooking, heating, or any other purpose, can be used, stored, or kindled on any balcony or on any patio, under any overhanging portion of the structure, or within 15 ft. of any multi-family occupancy. Baltimore Cnty. Fire Prevention Code, ch. 10.
  • Storage of flammable fuels: This jurisdiction has adopted the State Fire Prevention Code with respect to storage of flammable fuels.

Calvert County
This jurisdiction follows the State Fire Prevention Code.

Caroline County
This jurisdiction follows the State Fire Prevention Code.

Carroll County
This jurisdiction follows the State Fire Prevention Code.

Cecil County
This jurisdiction follows the State Fire Prevention Code.

Charles County
This jurisdiction follows the State Fire Prevention Code.

Dorchester County
This jurisdiction follows the State Fire Prevention Code.

Frederick County
This jurisdiction follows the State Fire Prevention Code.

Garrett County
This jurisdiction follows the State Fire Prevention Code.

Hartford
This jurisdiction follows the State Fire Prevention Code.

Kent County
This jurisdiction follows the State Fire Prevention Code.

Montgomery County

  • Outdoor grilling: The use of charcoal burning, other fuel burning or electric cooking equipment outside of any multi-family dwelling shall be prohibited unless such cooking equipment is at least twenty (20) feet from every part of the building. Montgomery Cnty. Mun. Code, ch. 22 § 22-81.
  • Storage of flammable fuels: Generally, the storage and handling of flammable and combustible liquids shall be in accordance with State Fire Prevention Code. The storage in excess of five (5) gallons of class I flammable liquids shall be prohibited in all dwellings, dwelling units, apartment houses, hotels and other residential occupancies. Montgomery Cnty. Mun. Code, ch. 22 § 22-44.
  • Exceptions: *Exceptions for outdoor grilling only*
    • townhouses, row houses, or other multi-family dwellings where all dwelling units are side by side and non are superimposed above another.

Ocean City
This jurisdiction follows the State Fire Prevention Code.

Prince George's County

  • Outdoor grilling: Charcoal burning and electric grills are prohibited on the balconies of apartments and condominiums. Charcoal burning and electric grills may not be used within 30 ft. from buildings. Prince George's Cnty. Fire Safety § 11-269.
  • Storage of flammable fuels: This jurisdiction has adopted the State Fire Prevention Code with respect to storage of flammable fuels.

Queen Anne's County
This jurisdiction follows the State Fire Prevention Code. 

Saint Mary's County
This jurisdiction follows the State Fire Prevention Code. 

Somerset County
This jurisdiction follows the State Fire Prevention Code. 

Talbot County
This jurisdiction follows the State Fire Prevention Code. 

Washington County
This jurisdiction follows the State Fire Prevention Code. 

Wicomico County

  • Outdoor grilling: A person may not use a barbecue grill on a balcony of a residential dwelling or within 20 feet of any part, including a balcony, of a residential dwelling. MD. CODE ANN., PUB. SAFETY § 9-1001 (2017).
  • Storage of flammable fuels: Storage of flammable or combustible liquids above ground is prohibited within fire zone limits as established in the county. Wicomico Code § 144-6 § 144-6.

Worcester County
This jurisdiction follows the State Fire Prevention Code. 

VIRGINIA

Statewide
Virginia has adopted the International Fire Code – 2012 Edition.  13 Va. Admin. Code. § 5-51-11 et seq. (2017) (“Statewide Fire Protection Code”).

  • Outdoor grilling: Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet of combustible construction.
  • Storage of flammable fuels: With a gas grill, the grill may be stored on a balcony after its tank is disconnected, however the tank cannot be stored on the balcony, within 10 feet of combustible construction, or inside any enclosed structure such as the dwelling unit.
  • Exceptions: *Exceptions for outdoor grilling only*
    • 1 and 2 family dwellings.
    • where buildings, balconies, or decks are protected by an automatic sprinkler system.
    • LP gas cooking devices having a water capacity not greater than 2.5lb.
    • Electric grills allowed.

Alexandria
This jurisdiction follows the Statewide Fire Prevention Code.

Arlington County

  • Outdoor grilling: Cooking devices cannot be operated or stored on any balcony, rooftop, or deck of any building, or within 15 feet of combustible construction or a residential building, hotel, or motel. Arlington Cnty. Mun. Code, ch. 2, § 8.1-22 (2009).
  • Storage of flammable fuels: This jurisdiction follows the Statewide Fire Prevention Code with respect to storage of flammable fuels.
  • Exceptions: *Exceptions for outdoor grilling only*
    • 1 and 2 family dwellings
    • Buildings, balconies and decks with an automatic sprinkler system, or
    • Non-combustible balconies, decks, and rooftop patios with cooking devices using an approved and permanently installed natural gas system as its only means of heating fuel, and is
      • Listed by a nationally recognized testing authority
      • Securely mounted to prevent overturning
      • Properly installed in accordance with the manufacturer's installation instructions,
      • and approved, permitted, and inspected by the Arlington County Building Code Official.

Caroline County
Jurisdictions in Caroline County follow the Statewide Fire Prevention Code.

Chesapeake
This jurisdiction has adopted the Statewide Fire Prevention Code.

Fairfax County

  • Outdoor grilling: Cooking devices cannot be operated or stored on a balcony or deck, or within 15 feet of combustible construction or residential occupancy. Fueled equipment such as portable cooking equipment cannot be stored, operated, or repaired within a building. Fairfax Cnty. Mun. Code. § 62-2-8.
  • Storage of flammable fuels: This jurisdiction follows the Statewide Fire Prevention Code with respect to storage of flammable fuels.
  • Exceptions: *Exceptions for outdoor grilling only*
    • Cooking devices using electricity as a heating source and listed by a recognized testing authority.
    • Detached two one- and two-family dwellings and townhouses.

Fauquier County
This jurisdiction has adopted the Statewide Fire Prevention Code.

Fredericksburg
This jurisdiction has adopted the Statewide Fire Prevention Code.

Hampton
This jurisdiction has adopted the Statewide Fire Prevention Code.

Loudoun County

  • Outdoor grilling: Open flame cooking grills, including gas or charcoal grills, hibachis, or similar cooking devices cannot be operated on balconies or within 15 feet of any combustible construction. Loudoun Cnty. Mun. Ord. 11-02 § 1602.11.
  • Storage of flammable fuels: This jurisdiction follows the Statewide Fire Prevention Code with respect to storage of flammable fuels.
  • Exceptions: *Exception for outdoor  grilling only*
    • one and two family dwellings.

Newport News
This jurisdiction has adopted the Statewide Fire Prevention Code.

Norfolk
This jurisdiction has adopted the Statewide Fire Prevention Code.

Orange County
This jurisdiction has adopted the Statewide Fire Prevention Code.

Prince William County

  • Outdoor grilling: This jurisdiction has adopted the Statewide Fire Prevention Code with respect to outdoor grilling and also provides that no charcoal cooker smoker grill or any flammable liquid or liquefied petroleum gas fired stove or similar devices shall be ignited or used on balconies or spaces under balconies of multifamily dwellings unless approved by the Fire Marshall. These devices may be used at ground level if greater than 15 feet from any structure. Prince William Cnty. Mun. Code. ch. 9, § 9.1-45.
  • Storage of flammable fuels: This jurisdiction follows the statewide fire prevention code with respect to storage of flammable fuels.

Portsmouth
This jurisdiction has adopted the Statewide Fire Prevention Code.

Spotsylvania County
This jurisdiction has adopted the Statewide Fire Prevention Code.

Stafford County
This jurisdiction has adopted the Statewide Fire Prevention Code.

Suffolk
This jurisdiction has adopted the Statewide Fire Prevention Code.

Virginia Beach

  • Outdoor grilling: This jurisdiction follows the Statewide Fire Prevention Code with respect to outdoor grilling.
  • Storage of flammable fuels: The storage of combustible or flammable materials shall be confined to approved storage areas. Combustible or flammable materials shall not be stored under interior or exterior stairwells unless the area under the stairwell is protected by an approved fire suppression sprinkler system. Va. Beach. Mun. Code. ch. 12, § 12-43.4.

Williamsburg
This jurisdiction has adopted the Statewide Fire Prevention Code.

As stated above, many community associations also have grilling rules or restrictions within their own governing documents or condominium instruments. Board members and managers should review these provisions carefully. Legal counsel and the local fire marshal's office are also good resources with regard to these issues. If your association would like legal counsel to assist with a grilling issue in your community, please do not hesitate to contact counsel at Whiteford, Taylor & Preston, LLP.

Many thanks to WTP summer interns, Whitney Greer and Abigail Kuhn, for their research efforts for this article. 

Resources