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Waco, TX Outdoor Cooking: BBQ & Propane Rules (2026)

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

Key Facts

Banned devices
open flame cookers and charcoal burners
Banned locations
multifamily patios and balconies
Minimum distance off-patio
10 feet from the building
Applies to
apartment and condo buildings citywide
Liability standard
strict liability, no intent required

Summary

Waco's fire code flatly bars open flame cooking devices and charcoal burners from the patios and balconies of apartment and condo buildings, and even off the patio they must stay at least 10 feet away from the building. Single-family lots follow a separate 10-foot rule instead.

Open flame cooking devices and charcoal burners are prohibited on patios and balconies of multiple-family dwellings or within ten feet of such buildings.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 88).

Full Breakdown

" That covers charcoal grills and any open-flame cooking device, which reaches gas and propane grills as well as charcoal burners, on any patio or balcony attached to an apartment, condo or other multifamily building, and it doesn't stop at the patio line: the same devices are barred anywhere within 10 feet of the multifamily building itself, patio or not. The same subsection separately governs single-family and other standalone-lot cooking equipment, requiring a stove, oven or barbecue pit used outside a building or enclosure to sit at least 10 feet from any adjoining building, but that standalone-lot rule doesn't create an exception for multifamily patios and balconies, which remain banned outright regardless of distance on the patio itself.

A device used indoors, inside a carport, garage or other enclosure, instead falls under § 10-44's separate vent and spark-arrestor requirement. Because chapter 10 imposes strict liability under § 10-2(b), a tenant or property manager doesn't need to have intended a violation for it to be enforceable, and the fire marshal's office and fire department personnel handle enforcement under § 10-2(a), which can include inspections of apartment complexes for fire code compliance.

Violations & Fines

Using an open flame cooking device or charcoal burner on a multifamily patio or balcony, or within 10 feet of a multifamily building, is unlawful under § 10-45(a) and a strict-liability offense under § 10-2(b); intent to violate is not an element. The fire marshal's office and fire department personnel enforce the prohibition under § 10-2(a).

Frequently Asked Questions

Can I use a charcoal grill on my apartment balcony in Waco?
No. Section 10-45(a) prohibits charcoal burners and open flame cooking devices on the patios and balconies of multiple-family dwellings outright, with no distance exception once the device is on the patio or balcony itself.
What about a propane or gas grill on a patio?
Also prohibited. The ban covers "open flame cooking devices," which includes gas and propane grills alongside charcoal burners, so the same rule applies whether the fuel is charcoal, propane, or another open flame source.
How far from my apartment building can I grill instead?
At least 10 feet from the building. Section 10-45(a) bans open flame cooking devices and charcoal burners on multifamily patios and balconies and within 10 feet of the building, so grilling has to move well clear of the structure.

Sources & Official References

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