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Minnetonka, MN Outdoor Cooking: Smoker Rules (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Where allowed
Ground level only for listed charcoal grills and smokers
Distance from building
Not used or stored within 15 feet
Buildings covered
Institutional, apartment or condominium, two or more stories
Balcony open flame
Prohibited on any balcony above ground level
Penalty
Misdemeanor under § 910.035

Summary

In the City of Minnetonka, Minnesota, Minnetonka City Code § 910.020 allows listed charcoal grills and smokers only at ground level, and bars using or storing them within 15 feet of the building. The rule applies to institutional, apartment and condominium buildings two or more stories in height.

1.1 Open flame prohibited. In any institutional, apartment or condominium building two or more stories in height, no person may kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio within 15 feet of the structure. ... 1.3.4 Listed charcoal grills and smokers are allowed only on ground level and may not be used or stored within 15 feet of the building.

Full Breakdown

Smoker and charcoal grill rules in Minnetonka are in Appendix O of the state fire code, which Minnetonka adopted in § 910.010 and rewrote in § 910.020. The rewritten Appendix O is titled Fires or Barbecues on Balconies or Patios and applies to institutional, apartment or condominium buildings two or more stories in height. A detached house is not named in these provisions.

Item 1.3.4 reads that listed charcoal grills and smokers are allowed only on ground level and may not be used or stored within 15 feet of the building. That means a smoker cannot sit on a balcony above ground level, and a ground level smoker has to be moved 15 feet from the wall to be used or even stored. Item 1.1 goes further for open flame: in those buildings, no person may kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio within 15 feet of the structure.

The word listed matters, since 1.3.4 speaks of listed charcoal grills and smokers. Other grill types have their own paragraphs: listed electric grills with an 18-inch clearance and a GFI protected exterior outlet, listed natural gas grills that are permanently mounted and plumbed, and listed propane grills only at ground level. Backyard recreational fires are a different subject, governed by section 307 as amended in the same section, which requires an annual fire department permit and a 25 foot distance from structures.

The Minnetonka fire marshal can issue an order to any person who violates the state fire code or the city fire regulations. A person can appeal the order, or apply for a variance, by written notice to the city clerk within 30 days after the order is issued, with a hearing before the city council or an ad hoc board of appeals within 30 days of receipt.

Violations & Fines

Under § 910.035 it is a misdemeanor to violate or fail to comply with any provision of the city fire code or any order issued under it. The fire marshal can order compliance by a stated deadline. Appeal and variance requests go to the city clerk in writing within 30 days, and the council or board must issue a written decision within 30 days after the hearing.

Frequently Asked Questions

Can I use a charcoal smoker on my apartment balcony in Minnetonka?
No. Item 1.3.4 allows listed charcoal grills and smokers only on ground level, and item 1.1 prohibits any fire or open flame on any balcony above ground level in an institutional, apartment or condominium building two or more stories in height.
How far from the building must a smoker be?
A listed charcoal grill or smoker may not be used or stored within 15 feet of the building, under item 1.3.4 of Appendix O as amended by § 910.020. Item 1.1 also bars fire or open flame on a ground floor patio within 15 feet of the structure.
Does the rule apply to a single-family yard?
The text of 1.3.4 and 1.1 is tied to institutional, apartment or condominium buildings two or more stories in height. A backyard fire, however, falls under section 307 of the same ordinance, which needs an annual fire department permit and a 25 foot distance from structures.
Who decides violations and appeals?
The fire marshal can issue an order under § 910.025, and a written appeal or variance application goes to the city clerk within 30 days of the order. The city council, or an ad hoc board of appeals of at least three members, holds the hearing and issues the final decision.

Sources & Official References

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