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Duluth, MN Outdoor Cooking: BBQ & Propane Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing chapter
Chapter 21, Fire Code and Regulations
Adopted appendix
IFC Appendix K, fires/barbecues on balconies
Base code
Minnesota Rules Ch. 7510 (2018 IFC)
Enforcement
Duluth Fire Chief/Fire Marshal
Appeal body
Building appeal board, § 21-2
Maximum fine
$1,000 per violation, § 1-7

Summary

Duluth Legislative Code § 21-1 adopts the Minnesota State Fire Code, including International Fire Code Appendix K, titled "fires or barbecues on balconies or patios," as amended by Minnesota Rules 7511.7900, subpart 2. The Duluth Fire Marshal enforces the adopted appendix citywide, covering balcony and patio grills common in Canal Park, hillside and Park Point apartment buildings, with fire code decisions appealable and violations fined under the city's general penalty.

The city hereby adopts by reference and incorporates into this Code the Minnesota State Fire ... Code set forth in Minnesota Rules, Chapter 7510, which is based on the 2018 edition of the International Fire Code, and as said rules and code may be, by the state, amended from time to time, or replaced. (a) The city adopts by reference the following appendices to said International Fire Code, their successors and amendments: ... (7) Appendix K - fires or barbecues on balconies or patios (as amended by Minnesota Rules, 7511.7900, subpart 2);

Full Breakdown

7900, subpart 2. 1 of the 2012 IFC. Enforcement runs through the fire chief and fire marshal, who may issue orders under the adopted code. Anyone affected by such a decision can appeal to the building appeal board created in Chapter 10, Article IV, under § 21-2. Where a permit is required under Chapter 21 or Chapter 10, § 21-6 sets the fee in accordance with § 31-6(a), due at the time of application. No fine specific to the fire code appears in Chapter 21 itself, so a violation defaults to the city's general penalty in § 1-7: a fine of not more than $1,000, with each additional day of noncompliance charged as a separate offense.

Violations & Fines

Chapter 21 sets no separate fine for balcony or patio fire-code violations, so the general penalty in Duluth Legislative Code § 1-7 controls: a fine of not more than $1,000 for each offense, with every day the violation continues counted separately. The fire chief or fire marshal issues the underlying order, and any person affected, including over a balcony or patio grill dispute, may appeal to the building appeal board under § 21-2 before a citation becomes final.

Frequently Asked Questions

Does Duluth restrict propane grills on apartment balconies?
Yes. Duluth Legislative Code § 21-1 adopts the Minnesota State Fire Code and its International Fire Code Appendix K, titled 'fires or barbecues on balconies or patios,' as amended by Minnesota Rules 7511.7900, subpart 2. The adopted appendix, not a separate city ordinance, sets the balcony and patio grill rules the fire marshal enforces citywide.
Who enforces the balcony barbecue rule in Duluth?
The Duluth Fire Chief and fire marshal administer the adopted Minnesota State Fire Code under Chapter 21. Anyone affected by a fire code decision, including one involving a balcony or patio fire hazard, may appeal to the building appeal board created in Chapter 10, Article IV, under § 21-2.
What is the penalty for violating the balcony fire code rule?
Chapter 21 does not set its own fine for this provision, so § 1-7's general penalty applies: a fine of not more than $1,000. Every day the violation continues counts as a separate offense, so an uncorrected balcony hazard can generate repeated charges.

Sources & Official References

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