QUESTION: We have a homeowner who barbecues every Sunday and the smoke from the barbeque goes into his neighbor's home. The smoke is so bad she has to close her windows and sometimes has to leave the house. She wants the board to intervene but the board believes this is an owner-to-owner issue since the barbeque is outside. Would the board have an obligation to intervene on her behalf?

ANSWER: The board has a duty to investigate and take appropriate action if it determines the smoke constitutes a nuisance.

Open Flame Devices. In addition, the barbeque grill may be a violation of California Fire Codes §308.3.1 and §308.3.1.1, which were adopted by the state in 2007 and by various cities and counties in 2008 and 2009.CFC §308.3.1 states that all open-flame cooking devices (including charcoal & propane grills) may not be operated on combustible balconies or within ten feet of a combustible construction. The two exceptions are for (i) single and two-family dwellings (duplexes), and (ii) buildings that have installed automatic sprinkler systems throughout, including balconies and decks.

LPG Containers. California Fire Code §308.3.1.1 further restricts the use of Liquefied Petroleum Gas (usually propane) grills by prohibiting containers with a capacity greater than 2.5 pounds. The only exception is for single and two-family dwellings. In addition, propane containers with a capacity larger than one pound cannot be transported through enclosed common area stairs, hallways, or elevators. They must be transported into the unit through an exterior stairway.

Insurance. Even if your city or county has not adopted these codes, your board should contact the association's insurance broker to see if fire damage related to barbeques is insured. Some insurance carriers want to see barbecues (especially charcoal) gone from frame complexes altogether.

RECOMMENDATION: Boards should check with local fire codes, their insurance broker, and legal counsel and then draft appropriate restrictions on the use of barbeque grills and LPG containers.