What are the dangers of using gas and charcoal type barbeque
grills, and similar devices if I live in an apartment building, condo or other
multi-family residence with a balcony?
According to 2003 NFPA 1, Chapter 10, section 10.11.7 from the
2004 Florida Fire Prevention Code, here is an explanation:
1.
No liquefied petroleum gas-fired grills,
charcoal grills, smokers, and/or hibachis shall be stored, used, or ignited on
balconies or spaces under balconies of multi-family dwellings, nor in a similar
manner in any occupancy.
- Electric
grills and hibachis are permitted; however, as with any cooking device, caution
should be used.
- Charcoal
grills, hibachis, smokers, any liquefied petroleum gas-fired grills or
similar devices should be used safely and not less than 10 feet from any
structure. Electric grills are exempt from this distance requirement.
- The
management of multi-family dwellings having balconies shall notify their
tenants in writing, preferably placed as an item in the lease agreement
detailing this requirement prior to the prospective tenant occupying the
apartment. Those who violate the
agreement may be issued a warning notice by the apartment manager or
condominium association to remove such items within a specific time
frame. Pursuant to Florida Statute
§83 regarding the rights of the Landlord and Tenant, the manager may
proceed with eviction of the lessee.
Under the provision of Florida Statute §162, the lessee cannot be
taken to the Code Enforcement Board since the property owner is
responsible for the violation of the lessee.
- Those
tenants who own their respective apartments and ignore warnings by the
association or property management, and furthermore do not to take the
notice seriously, the association and/or said property manager may contact
the Port Orange Fire Marshal where enforcement proceedings may include
taking the owner of the apartment to the City of Port Orange Code
Enforcement Board pursuant to the enforcement and punitive fines as
outlined in Florida Statute §162.
This action does not preclude the punitive fines issued by the
condominium association independent of fines levied under §162.

What are some of the rules and
restrictions that may be applied if I am the property manager, registered
agent, or owner for an apartment, condominium, or other multi-family
residences?
- No
amount of flammable liquids in any type container should be kept in tenant
storerooms. This includes the
parking of motorcycles within the confines of an apartment.
- Amounts
required for maintenance operations may be kept by the management if they
are stored in their proper containers.
- If an
amount greater than five gallons is required, it must be kept in a proper
container in an exterior storage room preferably remote from the living
areas. If storage exceeds 20 gallons of flammable/combustible liquid, an
approved flammable storage safety cabinet is required. The storage room should be of 1 hour
fire resistive construction, proper explosion proof electrical
installation within the confines of the room, and well vented.
- Fire
doors must not be blocked open. This includes doors opening onto
stairwells, fire doors dividing basements and other sections of the
building, furnace doors, storage room doors, access to trash chute rooms,
and similar locations. It is strongly recommended such doors be marked
with an appropriate sign, such as "FIRE DOOR, DO NOT BLOCK OPEN."
This could be either a sign attached to the door or painted directly on
the door. Such signs will be required where continued violations are
found.
- No
storage of any kind is permitted in stairwells and exit ways. This
includes but not limited to bicycles, tricycles and baby carriages in
particular.
- No
storage of any type is permitted in electrical, heating and air
conditioning rooms, which includes individual apartment or condominium
units.
- Storage
rooms must be kept in a neat and orderly condition. Old newspapers,
rubbish, and trash shall not be stored unless in covered metal containers.
- Lint
from dryers is also a possible fire hazard. Commercial dryers must have a
vent from the drying chamber directly to the outside. When ordinary home
dryers are used and lint is not properly disposed, outside venting will be
required.
- Apartment
building numbers must be clearly posted and visible from the street.
10. Make
sure all smoke detectors are tested at least bi-annually.
11. Fire
extinguishers shall be tagged and inspected by an approved fire safety
equipment company annually.
12. In
addition to the fire extinguishers, fire alarms too shall be tested and
certified once per year by an approved fire alarm service.
13. If
your building is equipped with an automatic fire sprinkler system this too
shall be tested, inspected, and tagged annually by a licensed fire sprinkler
company.
MAINTENANCE
The
owner/occupant shall be responsible for the safe and proper maintenance of the
building, structure, premises, or lot at all times. In all new and existing
buildings and structures, the fire protection equipment, means of egress, fire
and smoke alarms, devices and safeguards required by the fire prevention code
and other jurisdictional ordinances, shall be maintained in a safe and proper
operating condition.
OCCUPANT RESPONSIBILITY
If an occupant of a building creates conditions in
violation of the fire prevention code by virtue of improper storage, handling
and use of substances, materials, devices and appliances, the occupant can be held
responsible for the abatement or removal of such conditions.
Office of the Fire Marshal
Department of Fire &
Rescue
1090 City Center Blvd.
Port Orange, Florida 32129
(386) 506-5905
(386) 756-5405