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Harris County, TX Outdoor Cooking: BBQ & Propane Rules (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Covered buildings
Group R-2 apartments/multi-tenant housing
Banned equipment
Charcoal burners, LP-gas grills, open flame devices
Buffer distance
10 feet from building
Garage exception
Sec 313.2 allows attached-garage storage
Fine
$200-$500 per citation, Table 112.4.2
Last amended
Ord. 24-7311, 11/12/2024

Summary

In unincorporated Harris County, Section 308.1.4.1 of the Fire Code bans charcoal burners, LP-gas cooking appliances and any other open-flame cooking device in new or existing Group R-2 apartment buildings and multi-tenant housing, including on the balcony or patio or within 10 feet of the building. Gas or fuel-fired heaters and any carbon-monoxide-producing device are barred the same way.

These county ordinances apply to unincorporated areas of Harris County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

308.1.4.1 New and existing apartments and multi-tenant housing. Charcoal burners, LP-gas cooking appliances, open flame cooking devices, gas or fuel fired heaters or any other carbon monoxide producing devices shall not be stored or used in a new or existing Group R2 apartment buildings or multi-tenant housing, including the balcony, patio or within 10 feet of these occupancies.

Full Breakdown

Section 308.1.4.1, added to the International Fire Code by Harris County amendment, targets Group R-2 occupancies specifically: apartment buildings and multi-tenant housing. It prohibits storing or using charcoal burners, LP-gas cooking appliances, open flame cooking devices, gas or fuel fired heaters, or any other carbon-monoxide-producing device anywhere in those buildings, and extends the ban to the balcony, the patio, or within 10 feet of the building itself. There's no exception written into 308.1.4.1 for a small portable grill or a single-use charcoal chimney; the rule covers the equipment category, not a size threshold.

A companion amendment, Section 313.2, covers the same Group R buildings from a different angle: it bars storing or operating vehicles, portable generators, lawn-care equipment, and portable cooking appliances powered by flammable liquids, Class II combustible liquids, or compressed flammable gases within the living space, balconies, patios, or within 10 feet of the building, with one carve-out: storage inside an attached garage that otherwise complies with the code is allowed. Together the two sections mean a propane tank for a grill can't sit on a balcony, in a patio, or within 10 feet of an apartment building; the only place it can safely be kept under the code is inside a garage.

Harris County's fire officials designed the 10-foot buffer and the balcony/patio-specific language to address the carbon-monoxide and fire risk of cooking equipment concentrated in dense multi-tenant construction, and both sections were most recently amended by Ordinance 24-7311 on November 12, 2024.

Violations & Fines

Violating Section 308.1.4.1 or 313.2, storing or using a charcoal burner, propane grill, or other open-flame cooking equipment on a balcony, patio, or within 10 feet of a Group R-2 building, is listed in the Fire Code's Table 112.4.2 with a fine of $200 to $500 per citation, plus court costs. The Fire Marshal's Office can also order the equipment removed under its general violation-abatement authority in Section 112.4.1.

Frequently Asked Questions

Can I use a propane grill on my apartment balcony in unincorporated Harris County?
No. Section 308.1.4.1 of the Fire Code bans LP-gas cooking appliances, charcoal burners and open flame cooking devices in Group R-2 apartment buildings, including on the balcony or patio or within 10 feet of the building. There's no size exception for a small grill.
Where can I store a propane tank for grilling if I live in an apartment?
Section 313.2 allows storage inside an attached garage that otherwise complies with the Fire Code. Keeping the tank on the balcony, patio, or anywhere within 10 feet of the building is prohibited, whether or not you're actively cooking with it.
What's the fine for grilling on a balcony?
Table 112.4.2 of the Fire Code sets the fine for a Section 308.1.4.1 or 313.2 violation at $200 to $500 per citation, plus court costs, and the Fire Marshal's Office can order the equipment removed.

Sources & Official References

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