Smithtown, NY Outdoor Cooking: BBQ & Propane Rules (2026)

Section 164-137 sits in Chapter 164's Article XXIII, which covers fire safety at multiple-unit dwellings and multiple-residence facilities, defined and permitted under §§ 164-134 through 164-136. The section states flatly that the use of barbecues on balconies or patios of multiple-residence facilities is prohibited, closing off a common apartment fire hazard: a charcoal or propane grill left on an upper-floor balcony next to siding, railings and stored furniture. The same sentence, however, does not ban grilling at these properties outright. Open-flame barbecues may be accommodated on multiple-residence sites when used at grade level, meaning ground level, and located at least 15 feet from any building, combustible material or motor vehicle.

That 15-foot clearance functions as the property's only legal barbecue zone, typically a designated ground-floor patio, courtyard or common area, away from the building itself and from cars in the parking lot. Because Article XXIII also requires these properties to hold an annual operating permit from the Fire Prevention Division under § 164-136 and to comply with applicable NFPA standards, a landlord who allows balcony grilling in violation of § 164-137 risks both a direct citation and jeopardizing that permit. The rule applies specifically to multiple-residence facilities, not single-family homes, so grilling rules for a standalone house's deck or patio are not addressed by this section.