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Millcreek, PA Outdoor Cooking: BBQ & Propane Rules (2026)

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

Key Facts

Container
Cooking fires must be in an approved container
Multi-residential balconies and porches
Not permitted unless protected by an automatic sprinkler system
Size limit in definition
Three feet in diameter and two feet in height
Attendance
Competent person at least 16 years old, extinguishing agent on hand
First violation of § 40-35C
$200 fine
Enforcing agencies
Code Enforcement Department and Police Department

Summary

In Millcreek Township, Erie County, Pennsylvania, cooking fires must be in an approved container and are not permitted on balconies or porches of multi-residential structures unless the balconies, decks and structures are protected by an automatic sprinkler system. A first violation of the cooking fire rule carries a $200 fine.

C. Cooking fires. Cooking fires shall be in an approved container and shall meet the requirements set forth in § 40-33A and B. Cooking fires shall not be permitted on balconies/porches of multi-residential structures unless such balconies/decks and structures are protected by an automatic sprinkler system.

Full Breakdown

Section 40-35C of Article V, Open Burning, is the Township's cooking fire rule. It requires cooking fires to be in an approved container and to meet the attendance and extinguishment requirements of § 40-33A and B. It then bars cooking fires on balconies and porches of multi-residential structures unless those balconies, decks and the structures are protected by an automatic sprinkler system. The code defines COOKING FIRE as the outdoor burning of materials other than prohibited materials, not exceeding three feet in diameter and two feet in height, in which the fuel burned is contained in an outdoor fireplace, a barbecue grill, or a barbecue pit for the purpose of cooking food.

The attendance rule in § 40-33A means a competent person of at least 16 years of age must constantly attend and monitor the fire, and § 40-33B requires an appropriate extinguishing agent, such as water, sand or fire extinguishers, to be immediately available in sufficient quantity to completely extinguish it. Section 40-34C makes it unlawful to burn prohibited materials, meaning garbage, food waste, refuse and anything classified as solid waste, municipal waste, recyclable materials or leaf waste, in cooking fires. A Fire Code Official burn ban under § 40-33C also covers cooking fires, and § 40-39 lets the fire code official order extinguishment if burning creates or adds to a hazardous situation.

Article V names barbecue grills and barbecue pits in its cooking fire definition and does not use the word propane. Section 40-35E sets the location for burning under that section at not less than 15 feet from any structure and from any property line unless the article provides otherwise or the Department of Code Enforcement directs a different location, and the section lists cooking fires among the activities it covers. Separately, Chapter 70, Part 6 on outdoor wood-fired boilers states in § 70-45A that it does not apply to grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.

Violations & Fines

Under § 40-41B, a first violation of § 40-35C carries a $200 fine. Violating the attendance rule in § 40-33A carries $500, burning prohibited materials in a cooking fire under § 40-34C is a § 40-34B violation with a $200 first-violation fine and $500 for second and subsequent violations, and burning during a ban under § 40-33C carries $1,000. Each day is a separate offense, judgments add court costs and attorneys' fees, and the Board of Supervisors does not prescribe imprisonment.

Frequently Asked Questions

Can I grill on my apartment balcony in Millcreek Township?
Not on a balcony or porch of a multi-residential structure unless the balconies, decks and the structure are protected by an automatic sprinkler system. Section 40-35C prohibits cooking fires there without that protection. Cooking fires elsewhere must be in an approved container and meet the attendance and extinguishment rules in § 40-33A and B.
What counts as a cooking fire?
The code defines it as the outdoor burning of materials other than prohibited materials, not exceeding three feet in diameter and two feet in height, where the fuel is contained in an outdoor fireplace, a barbecue grill or a barbecue pit for the purpose of cooking food. Grills and barbecue pits fall inside that definition.
Does Article V mention propane grills?
No. The cooking fire definition names barbecue grills and barbecue pits and the article does not use the word propane. Chapter 70, Part 6, § 70-45A separately says the outdoor wood-fired boiler ordinance does not apply to grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.
What is the fine for a cooking fire violation?
Section 40-41B prescribes $200 for a first violation of § 40-35C. Failing to attend a fire as § 40-33A requires carries $500, and burning during a ban under § 40-33C carries $1,000. Fines are imposed after a citation is filed in the Magisterial District Court, with court costs and attorneys' fees added.

Sources & Official References

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