Barbecue Grills and Open Flames on Balconies and Patios

Every summer, barbecue grills reappear on the balconies and patios of multi-family dwellings for another season of outdoor cooking. The use and storage of solid fuel or propane cooking equipment on patios has resulted, however, in a number of fires in the state of Minnesota.

Many questions arise regarding the use of barbeques on decks, balconies and patios of multifamily homes. Woodbury Code of ordinance regulates the use as follows:

Section 8-3   Burning Regulations

(a)   There are hereby adopted by the city Minnesota Pollution Control Agency (MPCA) rules 7005.0070--7005.0820, Air Pollution Control and Regulations standards as adopted July 7, 1969, by the MPCA pursuant to Minnesota Statute 116.07, subd. 4, and as amended, of which not less than one copy is on file in the office of fire marshal. Amendments to such rules shall be adopted herein without further action.

(b)   Recreation fires shall be permitted with the approval of the fire marshal. Such fires shall have a maximum size of three feet in diameter at the base of the fire.

(c)   The use of any igniting fluids is prohibited to kindle or maintain any open flame in barbecues on any balcony or patio which is attached to, or within 15 feet of, any townhouse, condominium or apartment building in which there are two or more separate living units on more than one level unless the separate living units each have their own private means of ingress and egress or unless the entire building and patio or balcony is constructed of noncombustible material such as concrete or masonry.

(d)   The fire marshal and police department shall be responsible for enforcing the provisions of this section.

(e)   No open burning shall be permitted other than pursuant to a written permit duly issued by the fire marshal. A person desiring a permit as required by this section shall submit as a fee as determined by resolution. (Ord. No. 1558, 1558.02, 9-26-90)

If you have any questions relating to the adoption of this or any other fire code issue, please contact the Woodbury Fire Marshal's Office at (651) 714-3543.