Millcreek, PA Outdoor Cooking: BBQ & Propane Rules (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?
What counts as a cooking fire?
Does Article V mention propane grills?
What is the fine for a cooking fire violation?
Sources & Official References
Other rules in Millcreek
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