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Clarkstown, NY Outdoor Cooking: Smoker Rules (2026)

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

Key Facts

Minimum clearance
10 feet from building/combustibles
Applies to
Buildings with 3+ dwelling units
Sprinkler exception
Waives the 10-ft setback
State code cross-reference
FCNYS § 308.7
Electric grills
Allowed if code-compliant, added 2011

Summary

Clarkstown bans charcoal burners and open-flame cooking devices within 10 feet of any building or combustible construction on multi-unit properties, unless the structure has an automatic sprinkler system. Electric grills are allowed if code-compliant.

The use and storage of charcoal burners and other open-flame cooking devices is prohibited within 10 feet of a building or within 10 feet of any combustible construction, including attached decks of any building used as a multiple dwelling except where buildings, balconies and decks are protected by an automatic sprinkler system. For the purposes of this section, a multiple dwelling is any building with three or more dwelling units, regardless of type of ownership or existing fire separations. This category incudes but is not limited to apartment houses, nursing homes, senior citizen complexes, townhouses, condominiums and attached single-family dwellings. (See Section 308.7 of the Fire Code of New York State.)

Full Breakdown

7 of the Fire Code of New York State. That means a charcoal grill, hibachi or wood smoker on a condo balcony or townhouse deck without sprinkler protection cannot be used within 10 feet of the structure, while a fully sprinklered building is exempt from the setback. 5 of the Fire Code of New York State.

Violations & Fines

Using or storing a charcoal burner or open-flame cooking device within 10 feet of a non-sprinklered multiple dwelling, or of any combustible construction, violates § 143-63D. As with other Chapter 143 offenses, § 143-6 sets the penalty: up to $2,500 for a first offense (fine and/or up to 15 days imprisonment), up to $5,000 or up to one year for a repeat violation, with each day treated as a separate offense.

Frequently Asked Questions

Can I use a charcoal grill on my condo balcony in Clarkstown?
Only if it is at least 10 feet from the building and any combustible construction, or the building's balconies and decks are protected by an automatic sprinkler system, per § 143-63D. Condos count as multiple dwellings under this rule.
Does the 10-foot charcoal grill rule apply to a single-family house?
The rule specifically targets buildings used as a multiple dwelling, defined in § 143-63D as three or more units, including attached single-family dwellings such as townhouses, but not a standalone detached single-family home.
Are electric grills exempt from Clarkstown's outdoor cooking clearance rule?
Yes. Section 143-63E, added in 2011, permits electric grills subject to manufacturer instructions and National Electric Code requirements, and Fire Code of New York State Chapter 605.5 if an extension cord is used.

Sources & Official References

Other rules in Clarkstown

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