Apartment barbecue ban now faces uncertainty

The Washington State Building Code Council may take action in Spokane on Friday to halt legislation that would ban outdoor open-flame barbecues on apartment and condo decks without overhead sprinklers.

If the council decides to repeal or amend the rule at its meeting, it will not take effect July 1. If that happens, there will be a public meeting in the fall.

Some building owners have begun warning tenants about the new rules.

Jessica Allen, who lives in an Everett apartment, was one of the hundreds who received a notice.

“I was shocked when I first heard – everyone here barbecues,” Allen said. “It’s wrong. It’s just wrong.”

Allen said she doesn’t know who would enforce the new code and still plans to barbecue.

The rules would apply to multifamily residential buildings, defined as three or more attached units. Only one-pound disposable gas containers for small camp stoves would be allowed as replacements for charcoal grills and large propane barbecues.

Under current law, barbecuing is allowed, but not recommended.

The changes stem from combining the country’s three regional building codes into the 600-page International Building Code accepted by 44 states. The Legislature approved the new rules last year.

Tim Nogler, state Building Code Council managing director, said he doesn’t know how the council will rule on Friday. He said support for the rule comes from building regulatory groups focused on safety and the risk of fire in apartments. Opposition is directed from fire and law enforcement organizations saying the rule is unreasonable and not enforceable.

“Ultimately, who will be responsible – the building owner? Law enforcement?” Nogler said.

He said fire departments probably would hand out pamphlets explaining the new building code, but it is unlikely they would be checking for violators.

Nogler said apartment fires starting from open flames on decks and balconies have been identified as a problem nationwide, prompting the new rule.

Everett Fire Marshal Warren Burns said he is “praying that they exempt that rule from the new law.”

“I don’t want to be the balcony police,” Burns said.

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