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GinnyI (Texas)
Posts: 6
Posted:
Looking for wording that ALLOWS grills.... Fire Marshall says we can, but we need rules.... can anyone share? Thanks
KerryL1 (California)
Posts: 14,550
Posted:
Welcome to HOATalk, Ginny. I can't help you because our FM doesn't allow propane grills in our urban area condos any more.

But others might help. Are you in detached homes? Or condos or townhouses? Do you mean charcoal grills? Or gas grills?
GinnyI (Texas)
Posts: 6
Posted:
Quote:
Posted By KerryL1 on 03/20/2015 3:02 PM
Welcome to HOATalk, Ginny. I can't help you because our FM doesn't allow propane grills in our urban area condos any more.

But others might help. Are you in detached homes? Or condos or townhouses? Do you mean charcoal grills? Or gas grills?

We are Condos. Stucco, with a fire sprinkler system on the back decks. Well, that is what we are trying to figure out.... What do we want to allow....We know gas grills... but do we want charcoal? open fire pits.... propane heaters? big green eggs?

We are looking for ideas of what has worked for others.... and how they worded it......

Thanks
JonD1
Posts: 2,350
Posted:
Ginny

I would think you best bet would have been from the local fire inspector who normally has safety standards for the use of grills.

Here you need to operate any grill a minimum distance from all combustible material meaning wood, vinyl siding, or other building material.

Here that would require a distance of I believe 10'.

Not sure why the fire marshal wasn't able to supply you with local codes and guidelines.

Each style grill comes with its own challenges.

A 20 lb propane tank can become quite problem when used improperly.

You policy would be affected by the size of your deck or area in which an owners might use them.

Charcoal is dirty, messy.

Small potable grills with disposable gas tanks create a waste problem.

You also have the option of electric grills

I would request guidelines used from the fire marshal and if they can't provide you with any I would suggest a call to your insurance carrier for ideas.

Local codes usually exist to set standards.
KerryL1 (California)
Posts: 14,550
Posted:
So...your deck ceilings have sprinklers to put out fires? Are your decks wood or tile or something else? Jon's offered fine advice.

I have to say, btw, that electric grills are far more effective than they used to be--even make grill marks, make no mess. I think if I had a say-so, I wouldn't permit charcoal grills. Are you by chance a high rise?
GinnyI (Texas)
Posts: 6
Posted:
Well, let's see.... we are three stories tall.

Our insurance agent basically said... we would rather you not.... but if you do.... be sure and have rules.

Fire Marshall... you can... need rules....

Thanks guys....
JohnB26 (South Carolina)
Posts: 1,001
Posted:
IMO:

your fire marshal is an idiot - fire suppression sprinkler system or not

maybe he is looking to come back and issue the violations when the grills are used / placed improperly

a grill within 10' of structure ESPECIALLY under an overhang is a disaster just waiting

15.4# of liquid propane under pressure stored in a residential setting near an open flame is a disaster just waiting

if you do not even recognize what 15.4# references you should NOT be promulgating rules re: compressed liquid flammable gasses

the fact that y'all are even CONSIDERING the matter is mind boggling

ps. a 20# propane tank may only be filled MAXIMUM 80%, resulting in 15.4# net
GinnyI (Texas)
Posts: 6
Posted:
https://archive.org/stream/gov.law.icc.ifc.2012/icc.ifc.2012_djvu.txt

2012 International Fire Code

308.1.4 Open-flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet (3048 mm) of combustible construction.
Exceptions:
1 . One- and two- family dwellings.
2. Where buildings, balconies and decks are protected by an automatic sprinkler system.

That is Why.

JonD1
Posts: 2,350
Posted:
I find it amazing the fire marshal was unable to provide you with local ordinances.

Here they came up with the brilliant option of using those small camper style propane tanks instead of the 20 lb standard tanks.

Problem being they are not supposed to be refilled. So now where to discard the empty steel tanks.

Carting service will not diode of them!

And I agree with John it would be a huge mistake to take this project on yourself as you are not qualified and in the event of a disaster or fire your guidelines or their shortcomings might bring on liability.

I can't believe the insurance carrier doesn't offer some guidance on this issue. Just what does the FI do only show up after the fire?

Maybe a little fire prevention is in order.

GinnyI (Texas)
Posts: 6
Posted:
That is it.... the local fire ordinance uses the 2012 International Fire Code.
JonD1
Posts: 2,350
Posted:
Wow that is a little limited if you ask me.

No mention of fuel sources.
No mention of fuel capacities.
Tank sizes.

Just 10' away and with a sprinkler system good to go.

How's that for limited government?

I would prefer a little more specificity but that's just me.

In my view a sprinkler system would be far to little to late should you have a problem with a 20 lb propane tank.

There won't be much left to spray water on.....
JonD1
Posts: 2,350
Posted:
Effective Date: Source Document: Topic:
January 1, 2003
19NYCRR 1225 - Fire Code of New York State (FCNYS) Prohibition of barbeque grills on combustible balconies and decks
This document provides that the following FCNYS sections are applicable. FCNYS section 102.2 provides that “the provisions of this code shall apply” to existing conditions and the use of barbeque grills is a “condition or use.”
FCNYS section F307.5, open-flame cooking devices, prohibits charcoal burners (barbeque grills) and other open- flame cooking devices on combustible balconies and decks or within 10 feet of combustible construction, except for one- and two-family dwellings (and except where buildings, balconies and decks are protected by an approved automatic sprinkler system).
Furthermore, FCNYS section F307.5.1, liquefied-petroleum-gas-fueled cooking devices, states that LP-gas burners having an LP-gas container with a water capacity greater than 2.5 pounds (1.14 kg) [nominal 1 pound LP-gas capacity] shall not be located on combustible balconies or within 10 feet of combustible construction, except for one-and two-family dwellings.
The FCNYS section 3801.1 references the National Fire Protection Association (NFPA) standard 58, entitled “Standard for the Storage and Handling of Liquefied Petroleum Gases.” The overfill protection device required on LPG tanks is required through incorporation of this national standard. Although the device protects against the overfill of such tanks, it is not a protection against accidents.
Prior to January 1, 2003, the Uniform Fire Prevention and Building Code referenced NFPA-58 and for over 10 years the standard also prohibited LPG tanks on balconies (except if there were outside stairs). LPG can be very dangerous. It is under high pressure and is heavier than air. For many years there have been distance requirements depending on the volume of the tank, proximity to buildings, and proximity to air intakes and openings in buildings. There is a greater property and life safety hazard in a multiple dwelling. LPG containers are prohibited from being inside a building or on the roof. They cannot be carried through a building because if there is an accidental release, the heavier than air vapors will sink. This can lead to an explosion if the vapors reach an open flame, such as water heater pilot.
GreggT (Florida)
Posts: 77
Posted:
We don't, one main reason that we don't, if the grill are placed in a Common Area, who is going to keep them and the area clean (the people that use them....Guess again!)
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I looked around for SC Laws on grills and I could not find anything. I do know several apartment/condo buildings where grills are prohibited from any balcony/patio above the first floor.

I did find the following:

In 2007, California updated its Fire Code and adopted portions of the 2006 International Fire Code, including sections 308.3.1 and 308.3.1.1. Those sections effectively ban the use of open-flame cooking devices on combustible decks. This ban became operative on January 1st, 2008. The code is not available online, but you will find a copy of the code in most libraries. The sections read as follows:

308.3.1 Open-flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet (3048 mm) of combustible construction.

Exceptions:
1. One- and two-family dwellings.
2. Where buildings, balconies and decks are protected by an automatic sprinkler system.

308.3.1.1 Liquefied-petroleum-gas-fueled cooking devices. LP-gas burners having an LP-gas container with a water capacity greater than 2.5 pounds [nominal 1 pound (0.454 kg) LP-gas capacity] shall not be located on combustible balconies or within 10 feet (3048 mm) of combustible construction.

Exception: One- and two-family dwellings.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Honestly, your looking at this from the WRONG angle. The issue is what happens when/if a grill starts a fire? Meaning who's insurance picks up the damage? Is it the owner's homeowner's insurance? The renter's insurance? The HOA's insurance? What happens when a building goes up and needs demolished? What are your rules or responsibility on removing the debris or timeline for repairs?

We have those rules written in our documents about the timeline and responsibility of clearing the lot of burned/damaged homes. If the balcony burns who replaces? If the building is gone, when and who takes out the debris? If it has to be rebuilt, will there be cosmetic or other modern changes that will change the building?

It's not the necessarily the grill... It's the price someone has to pay when that grill causes damage and who is responsible... Grill all you want... If it's not allowed, call the fire department. Otherwise, I consider this a MYOB and check your insurance policies...

Former HOA President
MarkM31 (Washington)
Posts: 556
Posted:
Quote:
Posted By JohnB26 on 03/20/2015 4:37 PM
IMO:

your fire marshal is an idiot - fire suppression sprinkler system or not


That's funny.

So a governmental employee allows what is legal, and he's an idiot? Where do you get off saying that?
GinnyI (Texas)
Posts: 6
Posted:
Quote:
Posted By MarkM31 on 03/21/2015 8:02 AM
Posted By JohnB26 on 03/20/2015 4:37 PM
IMO:

your fire marshal is an idiot - fire suppression sprinkler system or not



That's funny.

So a governmental employee allows what is legal, and he's an idiot? Where do you get off saying that?

Thank you.... like what can the Fire Marshall to say.... it is legal. The owners want grills. That was made clear at the last HOA meeting. As such the board wants rules, I got asked to help investigate what these rules might say, so I asked here to see if any places had rules in use that allowed grills.... I understand they are not as safe as not having grills... I truly understand about a 20lb tank.... I was just looking for some guidance.
Things like only one tank of propane... a 10 lb fire extinguisher outside... ??????
KerryL1 (California)
Posts: 14,550
Posted:
Again I can't actually help, Ginny, but think you're wise to have rules..

Per the code that JohnC cited, our FM banned propane grills in our area of high rises last year. Most of our balconies far edges are only about 8 feet from our towers. They are non-conbustable but have no sprinklers. One of the reasons he used was protection of his fire fighters from exploding grills is a large fire did occur.

When gas grills were permitted, we had no rules.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
...sooooooooooooooo

none of your HOA 'rules and regs' exceed local law ?

the fact that Texas uses the same fire code as Costa Rica does NOT mean that Texas exercises either good judgment or best practice

an open flame should not be under a flammable overhang or within 10' of structure

PERIOD

see: http://www.bing.com/images/search?q=gas%20grill%20explosion%20&qs=n&form=QBIR&pq=gas%20grill%20explosion%20&sc=6-20&sp=-1&sk=

EVEN IF "SPRINKLERED" DISASTER WILL OCCUR

note the use of the word 'will', just a matter of when
MarkM31 (Washington)
Posts: 556
Posted:
An HOA is certainly entitled to enact more stringent regulations, as are the local authorities able to pass tougher laws. But you called the local Fire Marshal an idiot for not enforcing a law that doesn't exist.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
"GOOGLE" {BLEVE}

boiling liquid expanding vapor explosion

ps. a 10lb FXT will not make a dent on a flaming grill

that is why fire trucks carry expanding foam FXTs a/k/a 'magic bullets'
JohnB26 (South Carolina)
Posts: 1,001
Posted:
Quote:
Posted By MarkM31 on 03/21/2015 9:41 AM
An HOA is certainly entitled to enact more stringent regulations, as are the local authorities able to pass tougher laws. But you called the local Fire Marshal an idiot for not enforcing a law that doesn't exist.

No, I called him an idiot for telling you it was OK as long as you made 'rules'.

instead of:

"While they are code compliant, you must follow the manufacturer's instructions."

or

"While they are code compliant, I personally consider them a safety hazard."

p.s. the 'rules' would consist of following the grill manufacturer's instructions

said instructions are written as per NFPA which prohibit said grills from operation within 10' of flammable structure or under an overhang

Y'all KNOW it is a bad, bad to the bone, idea to permit said grills on balconies.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
Has anyone actually looked at my above link ?

? Still want to permit grills ?

Then the use of the 'I' word would be merited.



ex industrial fire brigade captain
JohnB26 (South Carolina)
Posts: 1,001
Posted:
JohnC46,

Horry County, SC
enforces the following codes:

o International Building Code and Appendices A and H
o International Fire Code
o International Fuel Gas Code
o International Mechanical Code and Appendix A
o International Plumbing Code and Appendices E and F
o International Energy Conservation Code
o International Residential Code for One and Two Family Dwellings
o Standard Swimming Pool Code
o Standard Unsafe Building Abatement Code
National Electrical Code


JohnB26 (South Carolina)
Posts: 1,001
Posted:
p.s.

with the exception of the NEC we are just as backwards as Texas
JonD1
Posts: 2,350
Posted:
Quote:
Posted By GinnyI on 03/20/2015 4:12 PM
Well, let's see.... we are three stories tall.

Our insurance agent basically said... we would rather you not.... but if you do.... be sure and have rules.

Fire Marshall... you can... need rules....

Thanks guys....

Ginny let me say the difference between you and the Fire Inspector is that they have no liability while the HOA does.

Should you allow grills and lets say someone lacking common sense does what they shouldn't do you permission brings with it liability.

And if you insurance comapany finds you at fault in any way well you might have a fight on your hands having them make good on a claim.

Let me suggest you bypass the insurance agent as they do little more than fill out forms.

I would contact the insurnace carrier directly most have a claims rep. who might be able to provide you with specific concerns and possibily copies of rules and guidelines they use or other properties have used in your situation.

In my view far to vague to simply allow grills. How many propane tanks can be stored? What size? Where? and sprinkler systems and 10lb FE will be of little use should the worst occur.

People do really dumb things. Gas, propane, fire, lighter fluid, all can cause real serious problems.

I would ask the insurance carrier for guidance. Good luck.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Personally I would never allow grills in a multi story, multi unit building especially on balconies. I would allow them in by side side homes (townhouses, duplexes, etc.) on the ground floor patio, deck, etc. even the I would want them at least 10 feet away from the building. In my own, private home I can be as dumb/stupid as I like.....LOL

If I had anything to say about it in an HOA, I would simply cite the earlier mentioned International Fire Codes??? and leave it at that. I would not want to jeapordize myself personally nor the association.

MikeS1
Posts: 521
Posted:
In terms of the master insurance policy, I'm wondering what your insurance agent,loss control engineers, or risk management specialists, would think about the overall risk and their exposure if you follow through with this. Has anyone broached this with the insurance company that has the Master policy at this time?
JohnB26 (South Carolina)
Posts: 1,001
Posted:
Probably not

because

they already know what the response would be.

D'OH
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
Posted By MikeS1 on 03/23/2015 5:48 AM
In terms of the master insurance policy, I'm wondering what your insurance agent,loss control engineers, or risk management specialists, would think about the overall risk and their exposure if you follow through with this. Has anyone broached this with the insurance company that has the Master policy at this time?

Its likely during a routine inspection of your HOA by the insurance company, they would spot the grills and tell the HOA tell the residents to remove them immediately or they will drop the policy.

The next insurance company will say the same thing.

So beyond what this fire marshal said, which makes no sense, its a really dumb idea to have grills on a balcony. Of any type.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
This is what I think of when I hear people talk about grilling on patio
https://www.youtube.com/watch?v=KZtrZITaoF8

Not a grill..... but you can see the damage that happens to a multi-unit building
https://www.youtube.com/watch?v=D_WsL9IPt5U
JohnB26 (South Carolina)
Posts: 1,001
Posted:
D'OH
DarleneN
Posts: 25
Posted:

It is simple to find on the web. Just search for Federal Fire Code. Then follow it with State of XX Fire Code and lastly City of XX Fire Code.

Your answer will be printable in each and every one of them. People must obey from Federal down to Local.

When I moved here everyone had grills on upper porches. They do not now !!! All had to be removed and several got fined from our village who does nothing unless someone complains. The Fire Dept here said they will gladly intervene but they need a complaint first because when it is an HOA. A BOD letter went out to the owners and some plainly refused. They got fined.
DarleneN
Posts: 25
Posted:

Our insurance let us know this. If you have a grill on an upper porch or too close to any burnable material for that matter. If that grill causes a fire.

THE OWNER OF THE GRILL IS LIABLE FOR ALL DAMAGE, including what would have been covered for common areas. The unlawful owner's insurance becomes the sole payer for all of it.

IOW, our insurance company didn't really care but certainly encouraged the removal of upper grills and the proper procedure for downstairs distance stated in the Federal fire laws.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
ThomasD2 (California)
Posts: 208
Posted:
Quote:
Posted By GinnyI on 03/20/2015 4:12 PM
Well, let's see.... we are three stories tall.

Our insurance agent basically said... we would rather you not.... but if you do.... be sure and have rules.

Fire Marshall... you can... need rules....

Thanks guys....

I live in a townhouse complex in Southern California. As a number of people have noted, California, like other states, has fire codes that prohibit grills within ten feet of a structure. Most of my neighbors have grills on their roof top decks.

My HOA has many HOA ordinances and CCR's that are frequently violated. Don't be surprised if no one wants to enforce or even discuss this matter. We have other CCR's that are violated frequently and discussed often. If it has proved impossible to enforce frequently broken and discussed rules, then enforcing rules about roof top grills seems like a remote possibility. Unless , of course, there is a catastrophe. Then everyone will want to know why nothing was done.

I wouldn't worry about a grill too much, unless somebody is really interested in enforcement. It is no way to run an HOA, but it is how all rules are handled where I live .

SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
THE OWNER OF THE GRILL IS LIABLE FOR ALL DAMAGE, including what would have been covered for common areas. The unlawful owner's insurance becomes the sole payer for all of it.

If the owner has condo insurance for $100k. That insurance company will pay out $100k. Because that is the coverage he bought. If there is $5,000,000 million in damages, you can go to court and sue the guilty guy for the money, and win which will followed by him declaring bankruptcy and no one receiving any money.
LauraR5 (Tennessee)
Posts: 220
Posted:
Our fire marshal does not allow storage of combustible materials on the porches of multi family dwellings, so gas grills are out.

Electric grills are permitted with no restrictions.

Charcoal grills are permitted as long as they are not used within 10 feet of a dwelling or overhang, coals are disposed of properly and they cannot be stored on the porch. Residents are also responsible for any damage to the community caused by charcoal grills.

Are rules say that we can confiscate illegal grills but our attorney says that's trespassing and a good way to get shot, so we just send warning letters. Ultimately it's on the individual homeowner to follow the fire marshal's rules, although I have heard of them calling the association in to codes court if they are not enforcing the grill rules. Our attorney always prefers that we fine people rather than touch their property even if we tell them we can do it.

I can get you the exact wording of our policy but it is not in front of me right now.

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