Clarkstown, NY Outdoor Cooking: Smoker Rules (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?
Does the 10-foot charcoal grill rule apply to a single-family house?
Are electric grills exempt from Clarkstown's outdoor cooking clearance rule?
Sources & Official References
Other rules in Clarkstown
New York rules heatmap·Compare Clarkstown to another location·View the New York outdoor cooking overview
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