A backyard smoker is an open-flame cooking device under Virginia's fire code, so keep it off combustible balconies and 10 feet from combustible construction (single- and two-family homes exempt). Use clean fuel, attend it, and dispose of ashes safely.
Charcoal, pellet and wood smokers fall under Virginia Statewide Fire Prevention Code section 308.1.4 as open-flame cooking devices: they may not be operated on combustible balconies or within 10 feet of combustible construction, except at one- and two-family dwellings and townhouses. Use only clean cooking wood or approved fuel, keep the smoker attended while lit, and place it on a noncombustible surface away from fences, eaves and siding. Dispose of ashes in a metal container. Persistent smoke that becomes a nuisance to neighbors can be subject to a county order to abate.
Using a smoker on a prohibited balcony or too near a multifamily building violates the fire code; nuisance smoke may draw a code-compliance order, with misdemeanor penalties for noncompliance.
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