Barbe-“Cues” For NYC BBQs This Summer; What The Law Says You Can And Can’t Do

The NYC Gas and Fire codes strictly regulate the use of barbecue grills by residents within the five boroughs.  According to the Department of Buildings there are several different types of barbecues that are regulated by the NYC Gas and Fire codes including propane, electric, charcoal, and natural gas grills. For each type of barbecue different safety standards and regulations may apply.  It is essential to comply with the safety standards outlined by the codes as well as the manufacturers instructions for operation to ensure that you are careful when using a barbecue at your home.

 

PROPANE BARBECUES

Standard propane barbecues use liquefied petroleum gas containers that have a maximum capacity of no more than 20-pounds. In one or two family homes, a propane barbecue grill is permitted for any usage with no more than two 20-pound containers stored and/or used at a time.  In apartment buildings and other residential buildings that house more than two dwelling units, it is illegal to store a propane barbecue on a balcony, roof deck, roof, rear yard or courtyard.  However, you may use a propane tank that is smaller than 16.4-ounces for a short period of time on a roof or balcony. If you are a renter, please check your lease or with your landlord first.

Because propane itself is a highly combustible material, the City regulates propane tank storage and disposal. Propane tanks should be stored outdoors and not inside your home or near sources of heat.  Propane tanks are not collected by the Department of Sanitation as they can explode when compressed by a garbage truck.  Used tanks should be exchanged when buying new tanks or brought to a hardware store or propane dealer for reuse or recycling.  The Department of Sanitation also hosts safe disposal events throughout the year in all five boroughs providing residents with locations and opportunities to drop off their harmful household products safely, including propane tanks.

 

ELECTRIC BARBECUES

Electric barbecue grills are legal to install, use, and maintain at all residential properties including on balconies, terraces, roofs, or yards. Electric barbecue grills use a substantial amount of electricity and it’s beneficial to have a licensed electrician determine if your outlet has an electric current sufficient to safely operate the grill.  Electric barbecues typically require the use of an extension cord to operate, and the cord used should safely supply the necessary electrical current required to run the grill, or it can start a fire.  Manufacturer’s instructions would detail what type of electrical current is necessary to properly operate the grill.  Electric barbecue grills should have a total grate area not exceeding 10 square feet and must be operated at least 10 feet away from any combustible materials.  The grate area is the size of the metal grate of the grill determined by length and width.

 

CHARCOAL BARBECUES

Charcoal barbecues are legal to install, use, and maintain at all residential properties on a terrace or in a backyard but not permitted on a balcony or roof. Charcoal barbecues should have a total grate area not exceeding 10 square feet and must be operated with a clearance of at least 10 feet between the grill and the building wall.  When operating a charcoal barbecue there must be immediate access to a fire extinguisher or water supply, such as a garden hose.

 

NATURAL GAS BARBECUES

Natural gas barbecues are legal to install, use, and maintain at all residential properties. However, it is illegal to use a gas barbecue produced for commercial use in a residence.  Natural gas barbecues must be installed by a New York City licensed master plumber and the piping must be inspected and tested according to the fuel gas code which a licensed master plumber should be familiar with.  Natural gas barbecues should have a total grate area not exceeding 10 square feet and must be operated at least 10 feet away from any combustible materials.

 

BARBECUING IN NYC PARKS

Those who are not looking to purchase a barbecue for a residence but instead want to barbecue in New York City Parks must abide by the barbecuing rules set forth by the NYC Parks Department. To barbecue in a NYC Park it needs to be in a designated barbecuing area and the area must be cleaned carefully before leaving.  Events involving more than 20 people require a special events permit that can be acquired directly from the Parks Department.  The barbecuing rules prohibit the use of propane and barbecuing by anyone 18 years or younger.  When barbecuing in a NYC Park the barbecue must be kept at least ten feet away from any structures, including trees, and the barbecue must be at least three feet off the ground, prohibiting any type of open, ground, or camp fire.  All coal and matches must be disposed of in designated red barrels and water should be used to fully extinguish hot coals.  Many of the City’s beaches fall within the jurisdiction of the NYC Parks Department and the same barbecuing rules apply.

 

SAFETY TIPS FOR BARBECUING

Here are some tips for safe grilling from Department of Buildings: never grill indoors, have immediate access to a fire extinguisher, hose, water barrel or sand when grilling and keep all barbecues at least 10 feet away from anything that can catch fire.

 

 

 

 

 

 

 

 

 

 

By: Thomas Columbia (Thomas is a CityLaw Intern and a New York Law School Student, Class of 2019.)