Outdoor Cooking in Tempe, AZ

If you live in Tempe or are thinking about moving there, outdoor cooking are one of those things you probably won't think about until they affect you directly. Tempe has 2 specific rules on the books covering different aspects of outdoor cooking, and some of them might surprise you.

BBQ & Propane Rules

Tempe's Fire Code bans charcoal burners and other open-flame cooking devices, including propane grills, on balconies or within 10 feet of any structure. The rule targets apartments and condos with shared walls and combustible exteriors; one- and two-family houses are exempt, so a single-family backyard grill is unaffected.

Key details: Rule: No open-flame cooking within 10 ft of structure/balcony. Code section: 2024 IFC § 308.5 (Tempe City Code § 14-41). Exception: One- and two-family dwellings exempt. Enforcing agency: Tempe Fire Medical Rescue Department. Penalty: Class 1 misdemeanor, up to $2,500 fine or 90 days.

A Section 308.5 violation is enforced under the Fire Code's own penalty clause, Section 113.4 as amended: it is a Class 1 misdemeanor punishable by a fine of up to $2,500, imprisonment of up to 90 days, or both. Each day the violation continues after the Fire Marshal serves notice counts as a separate offense, so an unresolved balcony grill can generate repeat citations.

Smoker Rules

Tempe's Fire Code bans operating charcoal burners and other open-flame cooking devices on balconies or within 10 feet of any structure, under Fire Code Section 308.5 of City Code Chapter 14. The rule targets multi-family buildings; one- and two-family dwellings are fully exempt, so a house with a yard can run a charcoal smoker against the exterior wall. The Fire Medical Rescue Department enforces it.

Key details: Core rule: No open-flame cooking within 10 feet of any structure. Balconies: Charcoal burners and open-flame cookers banned outright. Exemption: One- and two-family dwellings fully exempt. Enforcement: Community Risk Reduction Division, Fire Medical Rescue Dept.. Penalty: Up to $2,500 fine or 6 months jail, or both.

Chapter 14 sets no stand-alone fine for Section 308.5, so it falls under the Tempe City Code's general penalty, Section 1-7: a violation is punishable by a fine up to $2,500 plus applicable surcharges, imprisonment up to six months, or both, at the Tempe Municipal Court's discretion, with probation up to three years available in the judge's discretion. Every day the open-flame device keeps operating on a balcony or inside the 10-foot clearance counts as a separate offense.

The Bottom Line

Tempe's outdoor cooking rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Tempe is broadly strict or permissive.

This guide is based on Tempe's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.