Backyard smokers are legal in Montgomery County with no special county permit. The same Ohio Fire Code that covers grills applies: open-flame and charcoal cooking devices are barred from combustible balconies or within 10 feet of combustible construction at multifamily buildings.
Montgomery County sets no dedicated smoker ordinance. A wood, pellet, or charcoal smoker is treated as an open-flame cooking device under the Ohio Fire Code (OAC 1301:7-7-03). On single- and two-family properties you may smoke meat freely, keeping the unit a safe distance from your house, deck, and fences. At apartments and condos, smokers may not be operated on combustible balconies or within 10 feet of combustible construction unless the building is sprinklered or a fire official approves. Persistent heavy smoke that drifts onto neighbors could be pursued as a private nuisance, and local anti-open-burning rules still bar burning trash rather than food.
Non-compliant multifamily use can bring fire-code citations and orders to remove the device. Smoke nuisances may be handled through civil nuisance complaints or HOA rules.
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Montgomery County, OH
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