Upper Darby, PA Outdoor Cooking: BBQ & Propane Rules (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?
What is Section 308.1.4 of the Fire Code about?
What's the penalty for a Fire Code violation involving outdoor cooking equipment?
Sources & Official References
Other rules in Upper Darby
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