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Office of the Fire Marshal
Fire Prevention Division
Fire Inspections Branch

Hours of Operation:
Monday - Friday: 8:00 a.m. - 4:30 p.m.

Location: Burkholder Building
10700 Page Avenue
Fairfax, Virginia 22030
Telephone: 703-246-4849, FAX: 703-246-4872
TTY: 703-385-4419
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BARBECUE GRILLS
Code Compliance Guideline
June 2007

Scope


This publication outlines the prohibited use of barbecue grills and open-flame cooking devices in locations associated with residential occupancies in Fairfax County and the towns of Clifton, Herndon, and Vienna regardless of the form of ownership of the occupancy (i.e. condominium, cooperative, rental, etc.). This publication does not address bonfires, controlled buring, recreational fires, or chimineas, outdoor fireplaces, fire pits, & similar devices.


Overview

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In addition to addressing the prohibited use of barbecue grills and open-flame cooking devices in locations associated with residential occupancies, the fire safety requirements and precautions related to the use of these cooking devices as well as fire safety tips for outdoor grilling are provided. The intent of this publicaion is to provide information to help prevent unwanted fires resulting from the unlawful or unsafe use of these cooking devices. Residents of apartment buildings, multi-family condominiums, and other structures with similar occupancy who want to use barbecue grills or other open-flame cooking devices outdoors must take certain precautions and understand the legal requirements and prohibitions relating to this activity. Furthermore, the use of most barbeque grills and open-flame cooking devices on the balconies or within 15 feet of these structures is against the law.


Apartment Buildings & Other Structures with Similar Occupancy

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A)
Prohibited Use. In accordance with Section 308.3.1 of the Fire Prevention Code (as amended by Fairfax County), no charcoal cooker, brazier, hibachi or grill or any gasoline or other flammable liquid or liquefied petroleum gas-fired stove or similar device shall be ignited or used on the balconies or within 15 feet of any apartment building or other structures with similar occupancy including hotels and dormitories. This includes all multi-story residential buildings not classified as a townhouse (see townhouse definition below).
B)
Notification of Tenants. The management of apartment buildings or other structures with similar occupancy which have balconies shall notify their tenants in writing of this prohibited use when the tenant/occupant initially occupies the building and periodically thereafter as may be necessary to ensure compliance.
C)
Allowable Cooking Devices. In accordance with Section 308.3.1.1 of the Fire Prevention Code (as amended by Fairfax County), cooking devices listed under Section 308.3.1 of the Code using either electric or natural gas as a fuel source and listed by a recognized testing authority will be exempt from the prohibitions listed in Section 308.3.1. The cooking device shall also be designed or approved for the use of lava rocks or permanent briquettes only. The use of any other type of barbecue grill or open-flame cooking device is allowed provided the device is located a minimum of 15 feet from a building or structure and does not pose does not pose a hazard to life or property.
D)
Prohibited Storage Locations. In accordance with Section 308.3.1.2 of the Fire Prevention Code (as amended by Fairfax County), the storage of cooking devices using flammable or combustible liquids or liquefied petroleum gas (LPG) as a fuel source shall be prohibited inside of, on any balcony of, or within 15 feet of, any apartment building or other structure with similar occupancy. Furthermore, other cooking devices prohibited by Section 308.3.1 such as charcoal cookers, braziers, and hibachi grills shall not be stored or located on balconies or patios of any apartment building or other structures with similar occupancy.

Exception: As permitted by Section 308.3.1.1 of the Code, only listed electric cooking devices using either electric or natural gas as a fuel source designed or approved for the use of lava rocks or permanent briquettes may be stored or located on balconies or patios of any apartment building or other structure with similar occupancy provided the device does not pose a hazard to life or property.

The reason for this prohibition associated with apartment buildings or other structures with similar occupancy including hotels and dormitoriesis is to reduce the risk of a structure fire, injury, loss of life, and displacement of building residents/oocupants because of cooking device use or misuse on balconies and in close proximity to the structure. Hazards may be caused by a compressed gas leak explosion, a petroleum or grease based flash fire, or hot ember ignition of adjacent combustible materials.

Townhouses, Duplexes, & Single-Family Dwellings

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A)
Townhouse Definition. A townhouse is a single-family dwelling two to four stories in height having a two-hour fire (party) wall between it and the directly adjoining structure(s). Furthermore, a stacked townhouse or similar multi-level residential structure having horizontal tenant separation between lower and upper level dwelling units or occupancies is not considered a townhouse for the purpose of this definition and would therefore be classified as a multi-family/tenant residential building such as an apartment building or other structure with similar occupancy.
B)
Decks and Balconies. The Fairfax County Fire Marshal strongly discourages the practice of using barbeque grills and open-flame cooking devices on, under, or within 15 feet of combustible decks and balconies attached to townhouses, duplexes, and single-family dwellings. This recommendation is made in an effort to prevent the occurrence of unwanted fire spread into dwellings from the use of these cooking devices.
C)
Separation Distance from the Dwelling. When a barbeque grill or open-flame cooking device is used on the combustible deck, balcony, or similar location attached to a townhouse, duplex, or single-family dwelling contrary to the recommendation of the Fire Marshal, a minimum separation distance of 15 feet should be maintained from any portion of the dwelling. This recommendation is made in an effort to limit the exposure to the dwelling to prevent unwanted fire spread when the cooking device is operated should an accident occur.

General Fire Safety Requirements & Precautions

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A)

Burning of Refuse. The burning of refuse in a barbeque grill or open flame cooking device is not an approved method for refuse disposal and is prohibited anywhere in Fairfax County and the towns of Clifton, Herndon, and Vienna. Refuse shall mean and include garbage, rubbish, and trade waste defined as follows:
1. Garbage shall mean animal and vegetable matter such as that originating in houses, kitchens, restaurants and hotels, produce markets, food service or processing establishments, greenhouses, and hospitals, clinics or veterinary facilities.
2. Rubbish shall mean solids not considered to be highly flammable or explosive such as, but not limited to, rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, tree branches, yard trimmings, furniture, metal food containers, glass, crockery, masonry, and other similar materials.
3. Trade waste shall mean all solid or liquid material resulting from construction, building operations, or the prosecution of any business, trade or industry such as, but not limited to, plastic products, cinders and other forms of solid or liquid waste materials.

B)
Materials Producing Dense Smoke. The burning of rubber, asphaltic materials, combustible and flammable liquids, impregnated wood or similar materials which produce dense smoke is considered objectionable, a hazard and nuisance to the community, and is strictly prohibited.
C)
Endangering Persons or Property. In accordance with the Fire Prevention Code, it shall be unlawful to deliberately or through negligence set fire to or cause the burning of combustible material in such a manner as to endanger the safety of persons or property. Additionally, no person shall kindle nor authorize to be kindled nor maintain any permitted fire in such a manner that will endanger the property of another. Barbeque grills and open-flame cooking devices used in a hazardous manner contrary to manufactures' instructions and limitations for proper/safe operation may violate the Fire Prevention Code.
D) Allowable Fuel. Only solid-fuel materials approved by the manufacturer are permitted to be used in a particular barbeque grill or open-flame cooking device, and must be used in accordance with the manufacturers' instructions, limitations, or safety guidelines. Devices using portable liquefied petroleum gas cylinders must be safely used per the manufacturers' instructions.
E)
Quantity of Fuel. Do not overload the burn chamber or firebox of any barbeque grill or open- flame cooking device with too much fuel such as charcoal or wood. Make a fire that fits your cooking device. Use only the quantity of allowable fuel the device is designed to hold in accordance with the manufacturers' instructions, limitations, or safety guidelines. A fire that is too large or too hot not only wastes fuel, but can damage the device and cause a hazardous fire condition.
F)
Combustible & Flammable Liquids. Combustible and flammable liquids should not be used to aid the ignition of fuel contained within a barbeque grill or open-flame cooking device. However, charcoal lighter/starter fluid can be used to start a cooking fire in a barbecue grill using charcoal as a fuel provided the starter fluid is used sparingly, never applied directly onto an open flame, and dispensed and used in accordance with manufacturers' instructions, limitations, or safety guidelines. The inappropriate use of combustible and flammable liquids may result in a serious fire hazard possibly endangering other property which may violate the Fire Prevention Code.
G)
Extinguishing Equipment. A portable fire extinguisher with a minimum rating of 2A:20B:C should be readily available near the location of the barbeque grill or cooking device.
H)
Attendance. Cooking fires should be constantly attended. When using solid-fuel materials such as charcoal or wood, make sure the fire is completely extinguished after use. Moreover, do not leave smoldering fires unattended and ensure all hot ashes, cinders, and smoldering coals are properly and safely disposed of before storing the cooking device, going to bed or leaving the house. When using liquefied petroleum gas fueled cooking devices, be sure to shut-off the gas supply at the tank valve after use.

Disposal of Ashes

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Dispose of all hot ashes in a safe manner. After the fire is extinguished, all leftover hot ash material must be thoroughly dampened, cooled, and stored in a metal can that is used solely for ash storage. Ashes that are two or three days old may appear to be safe, but can still retain enough heat to cause an unwanted fire. Do not discard hot ashes in a compost pile, paper bag, cardboard box or anything that is combustible. Also, be careful in handling partially burned wood. The wood may still be smoldering and cause a serious burn.

In accordance with the Fire Prevention Code, hot ashes, cinders, or smoldering coals shall not be deposited in any combustible receptacle and shall not be placed within 10 feet of other combustible material including combustible walls and partitions or within 2 feet of openings to buildings. It's The Law!

For additional information about the proper and safe disposal of the hot ashes refer to the Fire & Rescue Department's "Can Your Ashes" publication. This publication is available online at www.fairfaxcounty.gov/fr/download/canyourashes.pdf


Safety Tips for Outdoor Grilling

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A)
Gas and charcoal grills must only be used outdoors. If used indoors, or in any enclosed spaces, such as tents, they pose both a fire hazard and risks of exposing occupants to toxic gases and potential asphyxiation. Position the grill well away from siding, deck railings and out from under eaves and overhanging branches.
B) Place grills a safe distance from lawn games, play areas, and foot traffic.
C) Declare a three-foot "safe zone" around the grill to keep children and pets away.
D) Put out several long-handled grilling tools to give the chef plenty of clearance from heat and flames when flipping burgers and managing food on the grill.
E) Periodically remove grease or fat buildup in trays below the grill so it cannot be ignited by a hot grill.
F) For charcoal grills, purchase the proper starter fluid and store the container out of reach of children and away from heat sources.
G) For charcoal grills, never add charcoal starter fluid when the cooking has already been ignited, and never use any flammable/combustible liquid other than charcoal starter fluid to get the fire going.
H) For gas grills, check the gas cylinder hose for leaks before using it for the first time each year. A light soap and water solution applied to the hose will quickly reveal escaping propane by releasing bubbles. If you determine your grill has a gas leak, by smell or the soapy bubble test, and there is no flame: 1) Turn off the gas tank and grill; 2) If the leak stops, get the grill serviced by a professional before using it again; 3) If the leak does not stop, call 911.
I) If you smell gas while cooking, immediately get away from the grill and call 911. Do not attempt to move the grill.
J) All gas cylinders manufactured after April 2002 must have overfill protection devices (OPD). These devices shut off the flow of gas before capacity is reached, limiting the potential for release of propane gas if the cylinder heats up. They are easily identified by their triangular-shaped hand wheel.
K) Use only equipment bearing the mark of an independent testing laboratory. Follow the manufacturers' instructions on how to set up the grill and maintain it.
L) Never store propane gas cylinders in buildings or garages. If you store a gas grill inside during the winter, disconnect the cylinder and leave it outside.

Please visit our web site at www.fairfaxcounty.gov/fire/prevention for additional fire prevention and code compliance information.

If you have any questions regarding the use of barbeque grills and open-flame cooking devices in locations associated with residential occupancies, please contact the Fire Inspections Branch at 703-246-4849 during normal business hours.

Fairfax County is committed to a policy of nondiscrimination in all county programs, services and activities and will provide this document in alternative formats and in different languages upon request. Please call 703-246-4753 (TTY: 711 or 1-800-828-1140) or write: Office of the Fire Marshal, Fire Prevention Division, 10700 Page Avenue, Fairfax, VA 22030. Please allow at least seven working days for preparation of material.
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Last Modified: Tuesday, June 19, 2007