In Florida, there are plenty of days that are just perfect for a good old fashioned barbeque. After all, who doesn’t love a good steak on the grill (except for maybe this vegetarian)? Even those who lived in condominiums were able to enjoy what northerners only dream of during the cold, snowy winters. Many multi-family dwellers took advantage, even though they were required to plug in rather than light up. That is, until December 31, 2011, when the 2010 Florida Fire Prevention Code was published. Much to the dismay of condominium unit owners, even electric grills are now prohibited. And though electric grills can be used and stored in the unit, as of December 31, 2014, when the Fifth Edition of the Florida Fire Prevention Code was published, no grills of any kind can be stored on a balcony. Though these prohibitions have been in place for some time, this has only recently become a subject of heated debate among those who feel that condominium associations that are enforcing the Florida Fire Prevention Code are infringing upon the unit owners’ freedom to cook outdoors. Sadly though, those condominium associations are only following the law, as the State of Florida mandates that local governments adopt all National Fire Protection Association codes and requirements and counties and municipalities are required to enforce the current Florida Fire Prevention Code. Even though a condominium association’s rules and regulations may permit the use of electric grills, it is the Florida Fire Prevention Code that controls. There may be some confusion regarding this prohibition given that the current version of the Florida Fire Prevention Code does not explicitly reference electric grills. However, a quick read through the previous versions of the Florida Fire Prevention Code addresses this. Section 10.11.7 of the 2007 Florida Fire Prevention Code (effective December 31, 2008) provided the following relative to grills being used in multi-family dwellings: For other than one and two family dwellings, no hibachi, gasfired grill, charcoal grill, or other similar devices used for cooking, heating, or any other purpose, shall be used or kindled on any balcony or under any overhanging portion or within 10 ft (3 m) of any structure. Listed electric ranges, grills, or similar electrical apparatus shall be permitted. Thus, the 2007 Florida Fire Prevention Code distinguished between the types of grills that could and could not be used in a residential setting in other than one- and two- family dwellings. While gas-fired and charcoal grills could not be used on any balcony or under any overhanging portion or within 10 feet of any structure, listed electric ranges, grills, or similar electrical apparatus were explicitly permitted. Three years later, the 2010 Florida Fire Prevention Code was implemented. Section 10.11.6 of the 2010 edition removed the distinction found in the 2007 edition: FFor other than one and two family dwellings, no hibachi, grill, or other similar devices used for cooking, heating, or any other purpose shall be used or kindled on any balcony, under any overhanging portion, or within 10 ft (3 m) of any structure. The only exception provided was for “listed equipment permanently installed in accordance with its listing, applicable codes, and manufacturer’s instructions,” though the 2010 edition specifically states that the inclusion of this exception does not allow for the permanent installation of portable equipment unless it is permitted by its listing. Therefore, as of December 31, 2011, electric grills could no longer be used on balconies, but there was no express provision against storage of these items. Storage is now addressed in the latest version of the Florida Fire Prevention Code. Section 10.11.6 of the Fifth Edition, effective on December 31, 2014, now provides as follows:
COOKING EQUIPMENT. 10.11.6.1 For other than one- and twofamily dwellings, no hibachi, grill, or other similar devices used for cooking, heating, or any other purpose shall be used or kindled on any balcony, under any overhanging portion, or within 10 ft (3 m) of any structure. 10.11.6.2 For other than one- and twofamily dwellings, no hibachi, grill, or other similar devices used for cooking shall be stored on a balcony. 10.11.6.3 Listed equipment permanently installed in accordance with its listing, applicable codes, and manufacturer’s instructions shall be permitted. cont
Sadly, much to George Foreman’s dismay, condominium unit owners are now even prohibited from storing their electric grills on their balconies. The exception relative to “listed equipment permanently installed,” however, was carried forward. With the approval of your local fire marshal and the applicable building department, and the assistance of a licensed electrician, there are electric grills that are designed to be “permanently installed.” Before going to too much trouble, though, you will want to make certain that your association has not adopted a prohibition against grilling of any kind, despite the exception in the Florida Fire Prevention Code.
Written by Sarah Spector, Esq. Originally posted on Becker & Poliakoff Community Update