Fourth of July Rules for Barbeques in Belmont

What better time to fire up the grill than on the Fourth of July when friends and family gather together and celebrate our nation’s independence.

But did you know you could be breaking the law when grilling those tasty burgers?

In 2007, the California Fire Code was amended to provide a prohibition on charcoal burners or other open flame cooking devices operated within ten feet of combustible construction in multi-family buildings. The regulations, which took effect in 2008, restrict most barbecues used in multi-family housing units.

The rule exempts apartment buildings (not individual units) where the structure, balcony or deck are protected by an operable automatic sprinkler system. Also, the rule allows a resident to use an electric barbecue or one that has a liquefied-petroleum gas container capacity of one pound or less which are similar to those used for camping. Most barbeques sold at major retailers come with a container capacity of five gallons or greater which is prohibited at apartment communities under the regulation.

Also exempt are single family residences and duplexes.

What do you do with that perfectly good grill?

You can store your grill on the balcony after you’ve disconnected the tank. However the removed fuel tank may not be stored on the balcony, within 10 feet of combustible construction or inside of any enclosed structure. And of course many insurance companies have further restricted the right to use any barbeque even if it’s simply stored on the balcony.

Tanks cannot be stored on the inside of a dwelling unit nor can they be transported through a common hallway—you must use an external stairwell to remove the tank from the building. What if your complex does not have an external stairwell? They don’t say; we’d recommend that you call the local fire department so they can dispatch the HAZMAT team.

What types of grill can you use if your complex does not have an automated sprinkler system? We did some research and found several gas models such as the Weber Q200 which can utilize the 14.5 oz. cylinders and of course electric models.

If you live in a duplex or a single family home this clearly does not apply, but can you use your wood burning barbeque on a spare the air alert day?

The answer is yes, but only during summer spare the air alert days which run from May through mid October. The spare the air days that make using a wood burning fireplace, outdoor pit, barbeque, pellet stove, etc., illegal are only during the winter months from November 1^st through the end of February.

In any event we hope you have a safe Fourth of July and manage to find a grill suitable for a legal celebration.

The information contained in this article is educational and intended for informational purposes only. It does not constitute real estate, tax or legal advice, nor does it substitute for advice specific to your situation. Always consult an appropriate professional familiar with your scenario.