sacramento report
A Spark of Conflict
by Monica Guillén
Since CAA first wrote an article last June about restrictions on barbecues in multifamily dwellings, questions continue to come in to our office on this subject. As a result, we thought it valuable to provide CAA members additional information about barbecue requirements in multifamily housing.
According to the National Fire Protection Association, barbecues sparked 8,300 fires nationwide in 2005, causing $137 million in property damage. If a barbecue torches a typical home, the damage is usually limited to that property. But if a similar fire breaks out in an apartment building, many people are in danger. As a result of these types of statistics, fire officials recommended changes to the International Fire Code.
Every three years, California cities update their building and fire safety codes. In 2007, the California Building Standards Commission adopted most, but not all, of the rules from the IFC. During this process, the state adopted restrictions on barbecues in multifamily housing but left it up to each individual city and county to determine whether to adopt and enforce restrictions on open-flame cooking devices. In other words, every one of California’s 500-plus cities has discretion to decide whether to place restrictions on the use of barbecues.
Here is an example of how some cities have dealt with this issue. Every city in Santa Clara County as well as the City and County of San Francisco has adopted barbecue ordinances, and they are now beginning to enforce them. The regulations in these areas provide that charcoal burners and other open-flame cooking devices cannot be operated on combustible balconies or within 10 feet of combustible construction. These regulations exempt the following: (1) one and two family dwellings; (2) buildings with balconies and decks that are protected by an automatic sprinkler system; and (3) liquefied-petroleum (also known as LP, which includes propane) gas-fueled cooking devices that have LP gas containers, each with a water capacity not greater than 2.5 pounds (nominal 1 pound [0.454 kg] LP-gas capacity), which is a very small container like the ones used for camping stoves.
Some cities have added additional definitions to these codes. For example, they provide that a charcoal barbecue is acceptable to store on a combustible balcony (such as wood) but not to operate on a balcony or within 10 feet of combustible construction (including horizontal/overhead). Or a propane barbecue is not acceptable to store or operate on a combustible balcony or within 10 feet of combustible construction (with the exception of the very small containers listed above). There is no exception for automatic fire sprinklers. Propane should never be stored inside the building.
Despite the fact that some barbecue codes have been in effect for over a year, with warm weather just around the corner, renewed attention will likely be focused on this issue. Landlords are encouraged to check with their local fire department and/or building department to determine whether their city has adopted (and plans to enforce) any specific restrictions. CAA has created a barbecue addendum for use in those communities where restrictions exist. The form is available on our website at www.caanet.org.
The opinions expressed in this article are those of the author, and do not necessarily reflect the viewpoint of the SFAA or the SF Apartment Magazine. Monica Guillén is CAA’s vice president of public affairs. Copyright © 2009 by Black Point Press. All rights reserved.