Newark enforces the NJ Uniform Fire Code (N.J.A.C. 5:70), which adopts IFC §308 with NJ amendments. Propane and charcoal grills are banned on balconies, decks, and within 5 feet of any combustible wall or opening of multi-family buildings; only detached one- and two-family homes are exempt.
Newark's Title XI Fire Prevention Code (Chapter 11:1) adopts the New Jersey Uniform Fire Code at N.J.A.C. 5:70, which in turn incorporates the International Fire Code (IFC) with New Jersey amendments. Under IFC §308.1.4 as amended by the NJ Division of Fire Safety, charcoal burners, other open-flame cooking devices, and outdoor fireplaces shall not be operated or stored on combustible balconies or decks, nor within 5 feet of combustible construction, vertically or horizontally, of any opening of any wall, nor under any building overhang. Exception 1 to that rule has been amended by New Jersey to insert the word 'detached' before 'one- and two-family dwellings,' so the exception applies only to detached single-family and detached two-family houses - not to attached townhomes, condominiums, or apartments. For LP-gas (propane) grills, IFC §308.1.4.1 imposes the stricter rule that LP-gas containers with a water capacity greater than 2.5 pounds (which includes the standard 20-lb / 5-gallon BBQ cylinder) shall not be located on combustible balconies or within 10 feet of combustible construction. The practical result in Newark: residents of apartments, condominiums, and townhomes may not store or use propane or charcoal grills on balconies, terraces, or rooftops. Enforcement is by the Newark Division of Fire Prevention. The Bureau of Fire Prevention conducts annual Life Hazard Use inspections of multi-family buildings under the Uniform Fire Safety Act (N.J.S.A. 52:27D-192 et seq.) and may issue summonses on the spot.
Violations are charged by the Newark Bureau of Fire Prevention under the Uniform Fire Safety Act, with penalties up to $5,000 per offense plus daily continuing penalties. Property managers can also be cited for permitting tenant grills on balconies, and insurance carriers routinely deny fire-loss claims arising from prohibited balcony cooking.
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