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Tempe, AZ Outdoor Cooking: BBQ & Propane Rules (2026)

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

Key Facts

Rule
No open-flame cooking within 10 ft of structure/balcony
Code section
2024 IFC § 308.5 (Tempe City Code § 14-41)
Exception
One- and two-family dwellings exempt
Enforcing agency
Tempe Fire Medical Rescue Department
Penalty
Class 1 misdemeanor, up to $2,500 fine or 90 days
Adopted by
Ordinance No. O2026.24, effective June 4, 2026

Summary

Tempe's Fire Code bans charcoal burners and other open-flame cooking devices, including propane grills, on balconies or within 10 feet of any structure. The rule targets apartments and condos with shared walls and combustible exteriors; one- and two-family houses are exempt, so a single-family backyard grill is unaffected.

308.5 Open-flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be operated on balconies or within 10 feet (3048 mm) of any structure. Exceptions: 1.One- and two-family dwellings.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: City Code: Supplement 33 Update 4 | Zoning and Development Code: Supplement 11 Update 2).

Full Breakdown

Tempe adopted the 2024 International Fire Code by Tempe City Code § 14-16, and its Division 2 amendments, enacted under § 14-41 by Ordinance No. 5 to that code. 5 states that 'charcoal burners and other open-flame cooking devices shall not be operated on balconies or within 10 feet (3048 mm) of any structure,' with a single carve-out for one- and two-family dwellings. In practice this means residents of Tempe's apartment complexes, condominium towers and townhome projects with attached units cannot fire up a propane or charcoal grill on a balcony, patio landing or within 10 feet of the building wall, even if a property manager or HOA has not separately banned it.

5. The Fire Medical Rescue Department, under the Fire Marshal, enforces the Fire Code citywide and produces the annual community risk reduction report required by § 14-17. 5 was added rather than carried over from the base 2024 IFC text, it reflects a local Tempe policy choice, and it sits alongside the separate Article I fireplace restrictions and Article II outdoor-fires rules found earlier in Chapter 14 of the same code.

Violations & Fines

A Section 308.5 violation is enforced under the Fire Code's own penalty clause, Section 113.4 as amended: it is a Class 1 misdemeanor punishable by a fine of up to $2,500, imprisonment of up to 90 days, or both. Each day the violation continues after the Fire Marshal serves notice counts as a separate offense, so an unresolved balcony grill can generate repeat citations.

Frequently Asked Questions

Can I use a propane grill on my apartment balcony in Tempe?
No. Section 308.5 of Tempe's adopted Fire Code bans operating charcoal burners and other open-flame cooking devices, which includes propane grills, on balconies or within 10 feet of any structure. This applies to apartments, condos and other multifamily buildings citywide.
Does the balcony grill ban apply to my single-family house?
No. Section 308.5 carries a single exception for one- and two-family dwellings, so grilling in a detached house or duplex backyard is not covered by this Fire Code section. Multifamily buildings, including apartments and condo towers, remain fully subject to the 10-foot rule.
What happens if I get caught grilling on a Tempe balcony?
Violating Section 308.5 is a Class 1 misdemeanor under the Fire Code's Section 113.4 penalty clause, carrying a fine of up to $2,500, up to 90 days in jail, or both. Every day the violation continues after the Fire Marshal's notice is a separate offense.
Who enforces Tempe's open-flame cooking rule?
The Tempe Fire Medical Rescue Department enforces the city's adopted Fire Code, including Section 308.5, under the supervision of the Fire Marshal. The department also files an annual community risk reduction report to the City Manager under Section 14-17.

Sources & Official References

Other rules in Tempe

Fence Regulations: Height LimitsSome RestrictionsLandscaping Rules: Water RestrictionsSome RestrictionsSmoker RulesSome RestrictionsFence Regulations: Fence Permit RequirementsSome RestrictionsAnimal Ordinances: Veterinary Clinic ZoningLight RestrictionsAnimal Ordinances: Pet Groomer RulesSome RestrictionsSpecial Events & Permits: Sidewalk Dining & CafésSome Restrictions

All Tempe rules

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