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Upper Darby, PA Outdoor Cooking: BBQ & Propane Rules (2026)

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

Key Facts

Amended section
IFC § 308.1.4, open-flame cooking devices
Effect of amendment
Exceptions 1, 2, and 3 removed
Fire Code fine
$1,000 summary offense (§ 302-2B)
Additional fines
$300 and $1,000 (§ 302-2C)
Re-inspection cycle
Every 30 days until corrected

Summary

Upper Darby stripped out every exception to the Fire Code's open-flame cooking device rule, Section 308.1.4, so the standard restriction on charcoal and propane grills near buildings and balconies applies to every occupancy with no carve-outs.

B. Section 109.4 Insert: Summary Offense, $1,000. Striking, "or by imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment" C. Section 111.4 Insert: $300 and $1,000. D. Section 308.1.4 of the 2015 International Fire Code is amended to remove Exceptions 1, 2 and 3.

Full Breakdown

4 of that code, the section governing open-flame cooking devices such as charcoal grills and propane barbecues used near buildings and balconies: the Township amendment removes Exceptions 1, 2 and 3 from that section entirely. Because the underlying exceptions are gone, none of the carve-outs that the base International Fire Code would otherwise allow apply within Upper Darby; the restriction on open-flame cooking equipment near structures and balconies applies across the board. 4 is amended to insert fines of $300 and $1,000. Enforcement runs through the Township's inspection program: the Chief Administrative Officer or Fire Department inspector gives at least five days' notice before inspecting a property, and after an inspection any violation must be corrected within a Department-set timeframe, with re-inspections every 30 days until it is fixed.

A violation the Fire Chief deems a life-safety hazard can result in immediate closure of the property until it is corrected, underscoring how strictly the amended open-flame cooking rule is meant to be enforced against noncompliant grill or barbecue setups on balconies and near structures.

Violations & Fines

A Fire Code violation is a summary offense carrying a $1,000 fine under the § 302-2B amendment to Section 109.4, and Section 111.4 is amended to insert fines of $300 and $1,000. If the Fire Chief deems a violation a life-safety hazard, the property may be closed immediately until the condition is corrected; otherwise the owner gets a Department-set correction window with re-inspections every 30 days.

Frequently Asked Questions

Are there exceptions letting me grill on a balcony in Upper Darby?
No. The Township amended Fire Code Section 308.1.4 to remove Exceptions 1, 2 and 3, so none of the standard carve-outs for open-flame cooking devices near structures or balconies apply here.
What is Section 308.1.4 of the Fire Code about?
It is the International Fire Code provision governing open-flame cooking devices, such as charcoal and propane grills, used near buildings; Upper Darby's local amendment removed all three of its base exceptions.
What's the penalty for a Fire Code violation involving outdoor cooking equipment?
Fire Code violations are summary offenses carrying a $1,000 fine under § 302-2B, with additional fines of $300 and $1,000 inserted by § 302-2C, and life-safety violations can trigger immediate closure of the property.

Sources & Official References

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