Charcoal, wood-pellet and propane smokers are treated as cooking devices in Lakeville, not recreational fires, so a contained cooker in a single-family yard needs no burn permit. But the adopted Minnesota State Fire Code (City Code 8-4-1) bans open-flame and charcoal/wood smokers on apartment and townhome balconies and within 15 feet of buildings with three or more units.
Minnesota DNR rules treat a fire contained in an approved cooking device - such as a charcoal grill, smoker or camp stove - as exempt from open-burning permit requirements, so a backyard smoker used for cooking is not the same as a recreational fire or open burning and needs no permit in Lakeville. Single-family homeowners may use charcoal, wood-pellet, offset-wood and propane smokers in their own yards, observing general fire-safety care: keep the cooker a safe distance from the house, deck railing, siding, fences and other combustibles; never operate it indoors or in an enclosed garage; and properly cool and dispose of ashes and spent charcoal away from structures. For multifamily residents the picture is stricter: because the city adopts the Minnesota State Fire Code (City Code 8-4-1), the state's balcony/patio rule applies. In any structure with three or more dwelling units, no open-flame, charcoal or wood-burning cooker may be used on a balcony above ground level or on a ground-floor patio within 15 feet of the building, and fuel and cooking devices may not be stored there. The only exception is a permanently installed listed electric or natural-gas appliance with 18-inch clearances approved by the fire chief - which excludes typical charcoal and wood-pellet smokers. Propane used to fuel a smoker follows the same storage rule: cylinders outdoors, 10 feet from building openings.
Using a charcoal, wood or open-flame smoker on an apartment/townhome balcony or within 15 feet of a 3-plus-unit building violates the Minnesota State Fire Code adopted by Lakeville City Code 8-4-1, and the Fire Marshal may order it removed and cite the user. Improper ash disposal that starts a fire, or burning prohibited materials in a smoker, can also violate City Code 8-4-3 open-burning rules.
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