Backyard wood and pellet smokers are allowed at single-family Denver homes but are governed by DRMC Chapter 4 (Air Pollution Control) and Colorado Department of Public Health and Environment (CDPHE) Regulation No. 4. Persistent visible smoke can be cited as a nuisance under DRMC 4-7. Multi-family balconies fall under DFC 308.1.4 prohibiting any open-flame device.
DRMC 4-13 prohibits open burning of trash, leaves, and refuse but exempts lawful BBQ cooking. CDPHE Regulation No. 4 (5 CCR 1001-6) governs residential wood-burning devices: pellet smokers are not regulated as wood stoves but must not emit visible smoke beyond Ringelmann No. 2 (about 40% opacity) for more than 3 minutes per hour. During Denver-area High-Pollution Advisory days called by the Regional Air Quality Council, wood burning including smokers is voluntarily restricted; mandatory restrictions apply to wood stoves and fireplaces. Smoke that interferes with a neighbor's use of their property is a nuisance under DRMC 4-7 and DRMC 49-261 (general nuisance). Multi-family balcony use of any open-flame smoker is prohibited under Denver Fire Code 308.1.4 along with all open-flame devices. The Front Range Air Quality Action Days advisory does not impose mandatory smoker restrictions but is the primary signal.
Visible-smoke violations under DRMC 4-12: $150-$999 per violation per day. Nuisance abatement orders under DRMC 49-261 require abatement within stated timeframe. DFC 308.1.4 balcony violations: $250 first offense, $999/day continued. CDPHE can also pursue state-level penalties up to $15,000 per violation for repeated air quality offenses.
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