Article Courtesy of  The Palm Beach Post

By Jane Musgrave
Thursday, June 17, 2004

Strike another blow against life in suburbia.

As if the traffic, the proliferation of big box stores and the dearth of open space isn't enough, those who live in condominiums, townhouses and apartments will soon be denied one of the most basic of American pleasures -- the joy of slapping a steak on a flaming grill.

Unbeknownst to many condominium and apartment dwellers, propane grills already are all but off-limits. State fire officials now are planning to come after their charcoal grills -- even those seemingly innocuous one-burger-burning hibachis.

"The whole thing is getting ridiculous," said Aaron Cohen, a dedicated propane grillmeister who lives in a Boynton Beach townhouse. "I never heard of any big accidents caused by outdoor barbecuing like, 'Four die when grill explodes.' "

Attorney Peter Sachs, who represents some of the biggest condominium associations in the county, agreed.

"I don't see the nexus here between the evil and the remedy," he said. "Are you aware of any fires where people have been killed because of an outdoor grill?"

To take such a draconian move, fire officials should have ample evidence of the danger the grills cause, he said. "It's like apple pie," Sachs said. "Motherhood, apple pie and grilling hot dogs on weekends. They're like inalienable rights."

But fire officials, who ignited the controversy recently when they sent a copy of the regulations to Cohen's condominium off Old Boynton Beach Boulevard, said they have plenty of justification for outlawing grills.

Propane is highly combustible, Deputy Palm Beach County Fire Marshal Jeff Collins said. That's why state fire codes prohibit grilling on decks or wooden balconies of multifamily buildings. It's also why apartment and condo owners are prohibited from storing propane tanks within 10 feet of their homes or in an attached garage, he said.

Condominium and apartment dwellers can legally roast wieners on a propane grill if it's on a concrete patio. But once the dogs are cooked, they are supposed to remove the tank, store it in a shed and post a notice warning firefighters that there's a tank inside, Collins said.

Concerned that outdoor grilling is still risky, however, fire officials have approved a new rule that would prohibit the use of any propane or charcoal grill or hibachi within 10 feet of a condominium or apartment. Electric grills would be allowed.

The rule was to go into effect July 1, just in time to snuff Fourth of July get-togethers, but has been pushed back to Jan. 1, Collins said.

While some might not be aware of the new regulation, Collins said most condominium and apartment dwellers are well aware of the existing ones. But Sachs and other attorneys, including Fort Lauderdale condo law expert Gary Poliakoff, said they would bet most residents have no idea they could face up to $1,000 in fines for firing up a grill improperly.

"I'd say 99 percent aren't aware of it, if not 100 percent," Poliakoff said.

Sachs said it doesn't make sense to have one set of rules for single-family homes and another for condos, apartments and townhouses.

"They're kind of treating them like they're handicapped -- that they don't have the intelligence to use an appliance without burning the place down," Sachs said.

Collins said it has nothing to do with intelligence. It's the simple fact that one negligent condo owner could burn down the homes of his neighbors, while a negligent homeowner would destroy only his own home.

Collins cited a case seven years ago, when a leaking propane tank blew a wall out of a Greenacres townhouse. The owner was killed and four nearby townhouses were destroyed.

In that case, however, officials determined that the homeowner released the propane to commit suicide. They said the man hoped to die by inhaling the fumes, which instead were ignited by a hot-water heater.

Cohen said the existing regulations basically prohibit condo or apartment dwellers from using propane grills, such as the $400 one he uses nearly every night. Few condo owners have sheds or could put a grill within 10 feet of their homes because they would be infringing on their development's common space.

"One of the reasons I live here is to grill outside," said Cohen, who lives in Carriage Gate. "It's a lifestyle thing for many people."

The existing rules -- much less the looming ones -- are unnecessary, he said.

"Enough people aren't safe in this world without worrying about this."