In 2007, the California Building Standards Commission adopted many of the rules from the International Fire Code that provide restrictions on the usage and storage of most barbecues at apartment communities. The new regulation does not apply to single-family homes and duplexes.
The regulations prohibit most barbecues used by renters at apartment communities. Local fire officials report that they do not plan to conduct proactive inspections of apartment communities, but will respond to complaints from neighbors and may issue citations to non-compliant residents. Therefore, owners and property managers should ensure that their policies and procedures address the new rules.
The actual wording of the regulation, California Fire Code, Section 308.3.1, states that charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet of combustible construction.
The following buildings and items are exempt under the rule:
1. Single family homes and duplexes.
2. Buildings, balconies and decks that are protected by an automatic sprinkler system.
3. Liquefied-petroleum LP (which includes propane) gas fueled cooking devices having LP gas container with a water capacity not greater than 2.5 pounds (1 pound LP-gas capacity).
• CAA Issue Insight: Open Flame Cooking Devices
• CAA Form 35.0 – Grilling Addendum
This information is believed to be accurate and complete. However, it is not intended to be a substitute for any legal, accounting or other professional advice. Any questions regarding specific factual circumstances should be addressed to legal, accounting or other professionals. The Rental Housing Association of Sacramento Valley is not responsible for any errors or omissions, nor any misinterpretation or misapplication by others.