In 2007, the state adopted California Fire Codes § 308.3.1, § 308.1.4, and § 308.3.1.1. Open-flame cooking devices (including charcoal & propane grills) may not be operated on combustible balconies or within ten feet of combustible construction.
On Sunday, August 2, 2026 a propane barbecue on a first-floor patio sparked a 6-alarm fire that destroyed a 51-unit condo complex, injured firefighters, and displaced more than 150 people. Residents were not allowed into what remained of the building for fear of a total building collapse.
A resident was using a propane barbecue and allegedly left it unattended. He was later arrested by the police. This should be a wake-up call for condominium associations throughout California.
Statistics. For the years 2020 to 2024, the National Fire Protection Association reported that fires caused by grills, hibachis, and barbecues averaged 12,141 annually. The fires caused 15 deaths, 171 injuries, and $241 million in property damage, with gas grills involved in 76% of the fires.
Fire Codes. California Fire Codes prohibit open-flame cooking devices on combustible balconies and within 10 feet of combustible surfaces at residential buildings with more than 2 dwelling units. In addition, propane containers with a capacity greater than 1 pound cannot be transported through enclosed common-area stairs, hallways, or elevators. They must be transported into the unit through an exterior stairway.
Insurance. An owner’s personal condo insurance (HO-6) likely covers accidental cooking-fire damage to their unit, but coverage may be denied if the barbecue violated fire codes or the association’s rules. The association’s master insurance policy may be compromised if it allowed owners to use open-flame barbecues on their balconies in violation of fire codes or failed to enforce rules prohibiting them. Prohibiting open-flame cooking equipment on balconies would likely be a condition for renewing an association’s insurance policy.
Rules & Regulations. Boards of directors should amend their rules to prohibit open-flame devices on all balconies and either prohibit or strictly regulate them on ground-floor decks. This will protect the HOA in the event of a fire and in response to carrier questions about loss-control practices. Once adopted, boards must enforce the restriction. Failure to enforce it could create liability in a fire. If a resident with a barbecue grill on his balcony starts a fire that spreads to neighboring units, the neighbors will likely sue the association for negligence and breach of fiduciary duties for failing to enforce its rules.
Recommendation: When an owner creates a safety hazard and refuses to correct it, boards should be willing to take legal action to protect the membership.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with community association issues, subscribe to the Davis-Stirling Newsletter.
