Jun 22, 2005 | Important Notices

Based on New York State Fire Code, electric grills and grills using tanks that are less than 20 pounds are the only ones permitted for use on your patio or balcony. The letter sent to all owners and tenents appears below. Please note that this law makes it illegal to store propane tanks in your patio area or in any other indoor area including garages, closets and basements.

Violations will be referred to the Amherst Fire Inspector who will handle all enforement of this law.

Charter Oaks Condominiums &
Chappelle Villas Condominiums
210 Charter Oaks Drive
Amherst, NY 14228
(716) 688-9333

June 22, 2005

Dear Owner,

The board has recently been informed that New York State adopted a uniform fire prevention and building code (19NYCRR § 1225.1). Specifically, the law is as follows:

Open-flame cooking devices. Charcoal burners and other open flame cooking devices shall not be operated on combustible balconies or within ten feet of combusitble construction.

Liquefied-petroleum-gas-fuled cooking devices. LP-gas burners having an LP-gas container with a water capacity greater than 2.5 shall not be located on combustible balconies or within ten feet of combustible construction.

In sum, regardless of the fuel type, open flame cooking devices are not permitted to be used or stored on combustible balconies/patios or within ten feet of combustible construction. Those who break the regulation can be cited for a violation, receive a bench appearance ticket and be fined up to $10,000.

It is the Board’s fiduciary duty to immediately implement a rule which prohibits the use of any grill, other than an electric grill, on any balcony/patio. In addition, the use of any open flame device will not be permitted within ten feet of a building. The new rule reads as follows:

In order to comply with the fire code of New York State and local fire codes, as well as to prevent fires, neither gas grills nor charcoal grills are permitted on any balconies or patios. Furthermore, occupants and owners may not use use gas grills or charcoal grills within ten feet of any combustible material. Should the Board be assessed any type of fine with respect to a violation of this rule, the owner of the unit cited for the violation will be responsible and will be required to reimburse the Association.


Please note that the Board is exploring alternatives such as community grilling areas. Should you have any suggestions, please provide them to the office in writing, It is unfortunate that we became informed at the beginning of the summer. However, the fire code is New York State Law and Amherst fire inspectors are enforcing it.


We are requiring all owners and tenants to comply and remove gas and charcoal grills by August 6th, 2005. Please note that this law also applies to garage areas. Therefore, do not store any propane tanks on your balcony/patio, in the garage or any enclosed areas.


Finally, we respectfully ask that you refrain from complaining about this rule change to the office and/or Board members. Rather, your concerns should be directed to your New York State Legislative Representative.

Very Truly Yours,

Condominium Board of Managers
Association Board of Directors