Durham follows the 2018 NC Fire Prevention Code (which adopts the 2015 IFC with NC amendments). IFC Section 308.1.4 prohibits open-flame cooking devices and the storage of LP-gas containers on or within 10 feet of combustible balconies, decks, and exterior walls of buildings containing more than two dwelling units, except where the building is protected by an automatic sprinkler system. Single-family homes and duplexes are exempt from the balcony restriction. No additional Durham municipal code section overrides the state fire code.
North Carolina has adopted the 2018 NC Fire Prevention Code, which incorporates the 2015 International Fire Code with state amendments and is enforced statewide. IFC Section 308.1.4 prohibits the use of open-flame cooking devices, the storage of LP-gas containers, and the use of charcoal grills on combustible balconies, decks, or within 10 feet of combustible construction in apartment buildings, condos, and similar multifamily structures containing more than two dwelling units. The exception in IFC 308.1.4.1 allows liquefied petroleum gas containers with a propane capacity of 1 pound or less, and a separate exception permits use where the building is fully sprinklered. Electric grills are generally permitted. NCGS 160D-915 requires multifamily owners to provide written notice of the restrictions. Single-family homes and duplexes are not subject to the IFC 308.1.4 prohibition, so propane and charcoal grills are allowed at single-family residences provided they are operated safely. The Durham Fire Marshal enforces the state fire code citywide; outside city limits, Durham County Fire Marshal enforces. The Durham city code does not impose additional setbacks on residential grilling beyond what IFC requires.
Violations of the NC Fire Prevention Code are misdemeanors under NCGS 143-139 and 14-3. The Durham Fire Marshal's Office may issue a Notice of Violation, require removal of the prohibited device, and refer continuing violations for civil or criminal penalties. Building owners who fail to give the required notice may be cited under NCGS 160D-915. Confirm current enforcement details with Durham Fire Marshal at 919-560-4242.
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