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New Berlin, WI Outdoor Cooking: BBQ & Propane Rules (2026)

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

Key Facts

Applies to
Non-single/two-family buildings only
Setback from structures
10 feet (3 meters)
Balcony use
Prohibited under overhangs and on balconies
Balcony storage
Prohibited even when not in use
Penalty
$1/day forfeiture, up to 30 days jail

Summary

New Berlin bars hibachis, grills, kettles and similar cooking or heating devices from balconies, from under any overhang, and from within ten feet of any structure at multifamily and other non-single-family buildings, and bans storing them on a balcony at all, under Section 124-12 Q. One- and two-family homes are exempt from both rules.

Q.Cooking equipment.(1)For other than one- and two-family dwellings, no hibachi, grill, kettle or similar devices used for cooking, heating, or any other purpose shall be used or kindled on any balcony, under any overhanging portion, or within ten feet (three meters) of any structure.(2)For other than one- and two-family dwellings, no hibachi, grill, kettle or similar devices used for cooking, heating, or any other purpose shall be stored on a balcony.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 3 Update 1).

Full Breakdown

Section 124-12 Q targets cooking equipment risk at apartment buildings, condos and other occupancies that aren't one- or two-family homes. Subsection Q(1) bars using or kindling a hibachi, grill, kettle or similar device, for cooking, heating or any other purpose, on a balcony, under any overhanging portion of a building, or within ten feet (three meters) of any structure. Subsection Q(2) goes further on storage: the same devices can never be stored on a balcony at those properties, even unlit and unused, closing off the workaround of keeping a grill parked there between uses.

The rule sits inside Chapter 124's broader open-flame and cooking-equipment provisions, which the Fire Chief and the Fire Prevention and Inspection Bureau enforce through the inspection authority granted in Section 124-5, covering all buildings and premises except the interior of private dwellings. Because the section applies only to occupancies 'other than one- and two-family dwellings,' a homeowner grilling on a single-family house's own deck or patio isn't covered by the ten-foot setback or the balcony storage ban; that exemption tracks the same one- and two-family carve-out that limits the rest of Chapter 124's scope under Section 124-1.

Property managers at apartment and condo buildings are the ones most exposed to enforcement, since the rule reaches both the balcony storage of a grill and its use anywhere within the ten-foot structure buffer.

Violations & Fines

Violating the balcony grill placement or storage ban under Section 124-12 Q is a Chapter 124 violation, subject to the general fire-code penalty in Section 124-18: a forfeiture of not less than $1 per day for each offense, or imprisonment in the county jail for five to 30 days in default of payment, with each day the violation continues counted as a separate offense.

Frequently Asked Questions

Can I grill on my apartment balcony in New Berlin?
No. Section 124-12 Q(1) bars using or kindling a hibachi, grill, kettle or similar cooking device on a balcony, under any overhang, or within ten feet of any structure, at any building other than a one- or two-family home.
Can I store a propane grill on my condo balcony even if I don't light it?
No. Section 124-12 Q(2) separately bans storing a hibachi, grill, kettle or similar device on a balcony at multifamily and other non-single-family properties, regardless of whether it's in use, closing off keeping one there between cookouts.
Does this rule apply to a single-family house in New Berlin?
No. Section 124-12 Q applies only to occupancies other than one- and two-family dwellings, the same carve-out that limits the rest of Chapter 124's fire prevention rules, so a homeowner's own deck or patio grill isn't covered by the ten-foot setback or balcony storage ban.

Sources & Official References

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