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Wauwatosa, WI Outdoor Cooking: BBQ & Propane Rules (2026)

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

Key Facts

Combustible clearance
24 inches minimum, Sec. 14.28.100
Balcony grilling
Barred within 5 ft of a dwelling opening
Indoor grill ignition
Unlawful in any building
Covered equipment
Grills, kettles, outdoor hibachis
General penalty
$1 to $5,000 forfeiture per offense

Summary

Wauwatosa's fire code bars igniting or burning any type of barbecue grill inside a building, requires grills to stay at least twenty-four inches from combustible material or a combustible floor, and bans balcony grilling within five feet of any opening into a dwelling or apartment, under Wauwatosa Municipal Code Section 14.28.100.

It is unlawful to ignite or burn inside any building any type barbecue grill. They shall not be burned within twenty-four inches of any combustible material or on a combustible floor. They may not be used on any balcony within five feet of any opening into a dwelling or apartment.

Full Breakdown

100, titled "Barbecue Grills, Kettles, Outdoor Hibachis" and adopted by Ord. 28's permits, certificates, approvals, inspections and appeals framework under the city's fire prevention code. The rule applies to any type of barbecue grill, not just charcoal units, so gas and propane grills, kettles and outdoor hibachis are all covered by the same clearance and location standard. Igniting or burning a grill inside a building is flatly unlawful regardless of ventilation. Outside, a grill cannot be operated within twenty-four inches of combustible material or on a combustible floor, which reaches wood decking, siding and similar surfaces.

The balcony rule is separate and narrower: a grill cannot be used on a balcony within five feet of any opening, meaning a window or door, into a dwelling or apartment, which is the provision that most directly governs multifamily balcony grilling. 050 requires constant supervision of any grill that contains burning materials. 100 itself does not set a propane cylinder storage quantity limit; it governs ignition location and combustible clearance only.

Violations & Fines

A Section 14.28.100 violation is enforced under Section 14.36.020's general fire prevention code penalty, tied to Section 1.12.010: a forfeiture of one to five thousand dollars for a first offense and twenty-five to two thousand dollars for a repeat offense of the same provision, with each day of a continuing violation treated as a separate offense.

Frequently Asked Questions

Can I grill on my apartment balcony in Wauwatosa?
Only outside the five-foot zone around any opening into a dwelling or apartment. Section 14.28.100 bars using a barbecue grill, kettle or hibachi on a balcony within five feet of a window or door, which rules out grilling directly against most apartment balcony walls.
How far does my grill need to be from my house or deck railing?
Section 14.28.100 requires that grills not be burned within twenty-four inches of any combustible material or on a combustible floor, so siding, wood decking, railings and similar combustible surfaces all need at least two feet of clearance from an active grill.
Can I use a charcoal or gas grill indoors, like in a garage?
No. Section 14.28.100 makes it unlawful to ignite or burn any type of barbecue grill inside a building, a rule that applies regardless of ventilation or the type of fuel the grill uses.
Does Wauwatosa limit how much propane I can store for a grill?
Section 14.28.100 does not set a propane storage quantity; it regulates ignition location, combustible clearance and balcony placement only, so a resident should look to the state fire code adopted in Chapter 14.04 for any tank storage limits.

Sources & Official References

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