San Jose adopts the California Fire Code (CFC) through SJMC Chapter 17.12. CFC Section 308.1.4 prohibits open-flame cooking devices and charcoal burners on combustible balconies and within 10 feet of combustible construction in any building with three or more dwelling units. Exceptions exist for buildings protected by an automatic sprinkler system, for one- and two-family dwellings, and for LP-gas containers of no more than 1 pound (the 2.5-pound water-capacity rule).
San Jose adopts the California Fire Code by reference in SJMC Title 17 Chapter 17.12. The operative section is CFC 308.1.4 (open-flame cooking devices) and 308.1.6.3 (LP-gas containers in residential occupancies). In Group R-1 (hotel/motel) and R-2 (apartment, condo) buildings, charcoal burners and other open-flame cooking devices may not be operated on combustible balconies or within 10 feet of combustible construction. Exception 1 allows the device when the balcony and adjacent walls are protected by an automatic sprinkler system. Exception 2 allows small LP-gas devices with a container no larger than 2.5 lbs water capacity (about 1 lb of propane - effectively a small camping stove). One- and two-family dwellings (Group R-3) are exempt from the multifamily balcony rule, so single-family homes in San Jose can use a 20-lb propane tank grill on a deck or patio. Storage of LP-gas cylinders larger than 1 lb inside a multifamily dwelling unit or on its balcony is prohibited.
San Jose Fire enforces CFC 308 violations through code enforcement. A first observed violation typically triggers a written warning and notice of violation. Continued non-compliance is a misdemeanor under CFC 109 and SJMC 17.12, with administrative penalties of up to $1,000 per day. Property managers can also be cited if they knowingly permit prohibited grilling.
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