Albany does not have a dedicated municipal cooking-fire ordinance. BBQ and propane grill use is regulated by the New York State Uniform Fire Prevention and Building Code (19 NYCRR Part 1219), which adopts the 2020 International Fire Code (IFC) §308. In multi-family Group R-2 occupancies, charcoal grills and open-flame cooking devices are prohibited on combustible balconies or within 10 feet of combustible construction unless the building is sprinklered throughout, and LP-gas containers larger than approximately 1 pound are similarly restricted. One- and two-family detached dwellings are exempt from the multi-family restrictions but must still observe NFPA 58 clearance standards.
Albany Fire Department enforces the New York State Uniform Code (19 NYCRR Parts 1219-1228, adopting the 2020 IRC/IBC/IFC/IMC/IPC/IFGC with New York amendments). IFC §308 (Open Flames) and §307 (Open Burning) are the operative state-level provisions. For multi-family buildings classified as Group R-2 (apartments, condos with three or more units): charcoal burners and other open-flame cooking devices may not be operated on a combustible balcony or within 10 feet of combustible construction, with exceptions only where the building is protected throughout by an automatic sprinkler system per NFPA 13. LP-gas (propane) containers with a water capacity greater than 2.5 pounds (which excludes standard 20-pound BBQ tanks) may not be stored or used on combustible balconies, decks, or within 10 feet of combustible construction in such buildings. Albany's Multiple Residence Law applicability and the Fire Department's outdoor cooking safety bulletin both reinforce these restrictions. One- and two-family dwellings (Group R-3, R-5) are exempt from the multi-family balcony restrictions but must still observe manufacturer clearance recommendations (typically 10 feet from combustible construction) and NFPA 58 standards for LP-gas container placement and storage. Recreational fires (non-cooking) are governed by IFC §307 and are limited to 3-foot diameter, 2-foot height, attended at all times, with a connected garden hose or fire extinguisher available, and located at least 25 feet from any structure. Outdoor fireplaces, chimineas, and patio fire pits are subject to the same setbacks. Albany also enforces the New York Property Maintenance Code (19 NYCRR 1226) for ongoing safe conditions. The Albany Fire Department's outdoor cooking safety bulletin is available through the city Document Center.
Charcoal or propane grill on a combustible apartment balcony in violation of IFC §308: Albany Fire Department citation, removal order, and possible landlord lease enforcement (most Albany apartment leases prohibit balcony grills independently). Storage of a 20-pound LP-gas cylinder on a multi-family balcony: code violation plus risk to insurance coverage. Recreational fire within 25 feet of a structure or unattended: IFC §307 citation. Property damage or injury from non-compliant grilling: civil liability under New York negligence law and potential criminal charges under Penal Law if reckless. Nuisance smoke drift: Albany Code Article V (Unnecessary and Unusual Noises) plus common-law nuisance in Albany County Supreme Court.
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