Barbecue grills appear on the balconies and patios of multi-family dwellings all year round in Minnesota. Using and storing solid fuel or propane cooking equipment on patios and balconies has led to several fires in Minnesota. 

In many towns and cities, storing grills on balconies is not allowed by local ordinances or by adopting Appendix O in the 2020 Minnesota State Fire Code (MSFC). The fire code does not prohibit barbecue grills on balconies and patios of multi-family occupancies unless local officials regulate this by ordinance. 

Minnesota State Fire Code Appendix O

Here is the information in Appendix O regarding fires or barbecues on balconies or patios.

• 1.1 Open Flame Prohibited: In any structure containing three or more dwelling units, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level or any ground floor patio within 15 feet of a structure.
• 1.2 Fuel Storage Prohibited: No person shall store or use any fuel, barbecue, torch, or other similar heating or lighting chemical or device in the locations designated in Section 1.1.
• Exception: Listed electric or gas-fired barbecue grills that are permanently mounted and wired or plumbed to the building's gas supply or electrical system and that maintain a minimum clearance of 18 inches on all sides unless listed for lesser clearances may be installed on balconies and patios when approved by the chief.

Statement of Need and Reasonableness (SONAR)

The SONAR in 1988 explains the reasons for the new language regulating open flames and fuel storage, and the 1991 SONAR explains the reasons why this code language was moved to an optional appendix for cities to adopt.  The SONAR is available upon request by emailing the fire code team. 

Additional information

An option available to local jurisdictions that have not adopted Appendix O is to encourage apartment building owners to incorporate language into their leases prohibiting barbecue grills from being used or stored on balconies and patios.     

Contact your local fire marshal or fire department to determine if an ordinance regulating open fires on balconies or patios has been adopted where you live.

Safety considerations

Barbecuing in any environment presents specific hazards that people should consider so that they can take precautions to reduce the likelihood of starting a fire. Here are a few tips that can help make barbecuing safer: 

• Charcoal briquettes should be stored in a dry area because damp charcoal is sensitive to spontaneous heating once dried.
• The use and storage of barbecue grills should be restricted to the outdoors. Never use barbecue grills for home heating or indoor cooking.
• Charcoal briquettes should be allowed to cool naturally, at a safe distance from structures and combustible materials, and then disposed of properly.
• Charcoal lighter fluid should be stored appropriately, away from living areas of the home.
• Propane cylinders shall be stored outside at least 10 feet from building openings such as windows and doors and any fresh air intakes. 

Smoking on balconies and patios

With more people smoking outside their homes, another fire danger for multi-family buildings. The improper disposal of smoking materials has caused several large apartment fires. If you smoke on a balcony or patio, dispose of your materials in an approved ashtray. Do not extinguish the butt into a plastic coffee can or a flowerpot. Potting soil in flowerpots is not just dirt but contains filler items that smoldering smoking materials can easily ignite. The fire is not immediate but can occur hours later when the burning soil ignites the plastic flowerpot and spreads across the wood deck to the building.