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#1 ELECTRICnc

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Posted 24 March 2012 - 10:01 AM

The law for the use of electric grills in multiple family dwelling decks was ammended in Clarkstown, Rockland County NY in 2011. Does anyone know if this law was signed in NYS? Does it matter or is it a local ordance?



#2 RetCopPrlgl

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Posted 25 March 2012 - 05:34 AM

The local code would prevail, as local communities cannot pass ordinances that provide LESS protection than State regulations.


Clarkstown's rule is here.


Fire Code of the State of New York:


307.5.1 Charcoal and electric barbecues.
Outdoor barbecues designed to use charcoal or electricity with a total grate area not exceeding 10 square feet (0.929 m2) may be installed, operated and maintained on any residential premises, provided that such barbecues are not installed or operated within 10 feet (3048 mm) of any combustible waste, or combustible material, including combustible building surfaces, balconies and decks, and a garden type hose attached to a water supply or a minimum of one portable fire extinguisher complying with the requirements of Section 906 with a minimum 4-A rating is readily available for use.


 

I am not an attorney. My comments are made based on my training and experience as well as diligent research.  I am also not perfect, therefore, I will accept constructive criticism, if tendered with respect.



#3 RetCopPrlgl

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Posted 25 March 2012 - 05:38 AM

I'm not sure my first sentence above made sense, even to me.


What I mean is that local ordinances can be passed to provide better protection than a State regulation, but cannot lessen the effects of the State regulation.


Either way, you can use an electric grill anywhere in NY if you keep it 10 feet from any combustible material.  Local communities could certainly pass more restrictive requirements (i.e. NO electric grills, or 15 feet from combustibles), but could not lessen the State requirements.

I am not an attorney. My comments are made based on my training and experience as well as diligent research.  I am also not perfect, therefore, I will accept constructive criticism, if tendered with respect.






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