Backyard smokers are treated as open-flame cooking devices under the New Jersey Fire Prevention Code. In multi-family buildings they cannot be used on combustible balconies or within 10 feet of combustible construction; detached homes are excepted.
A backyard smoker in Essex County is regulated as an open-flame or fuel-fired cooking device under the New Jersey Fire Prevention Code (N.J.A.C. 5:70, adopting IFC 2015), enforced by each municipality's fire official rather than the county. Section 308.1.4 provides that open-flame cooking devices, including charcoal and wood-burning smokers, must not be operated on combustible balconies or within 10 feet of combustible construction, with an exception for detached one- and two-family owner-occupied dwellings. Smokers must be attended while in use, kept clear of structures, and their ash and coals fully extinguished and disposed of in noncombustible containers. Municipal fire prevention bureaus in the Newark area may apply additional local conditions, so verify with your town if you live in an
Running a charcoal or wood smoker on an apartment balcony or within 10 feet of combustibles violates IFC Section 308.1.4; leaving it unattended or dumping hot coals improperly adds fire-code penalties from the local official.
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