Want to grill; don't want to get burned

June 13, 2008 2:19 PM

New York--is it illegal to barbecue on my building's rooftop?

I rent an apartment in a 4-story building in Brooklyn. I have roof access, plenty of room, a beautiful view, and the whole setup is basically begging me to take my Weber upstairs and get grilling.

The question is, is this legal?

I know a guy who claims to have gotten a $600 ticket for doing this, but he is usually full of shit. I've definitely BBQ'd on BK rooftops before without police interference, but is that law or luck? I don't want someone to see a small plume of smoke coming from the rooftop and call the fire department (which I realize has nothing to do with whether or not rooftop grilling is actually legal).

The surface of the roof seems to be painted silver; I don't know what the paint is covering. I would purchase a fire extinguisher and bring it with me every time.

posted by gettingpaidforthis to law & government (10 comments total)

Don't do this. Your building likely doesn't have the insurance policy and your landlord will be very unhappy with you if they find out. And they will, because there is always one tenant who won't appreciate it and who will rat you out. Also, without a deck, you're running the risk of damaging the roof's surface. Silvering is not cheap and it is not meant to withstand lots of foot traffic or the occasional burning ember.
posted by TryTheTilapia at 2:33 PM on June 13, 2008

http://www.nyc.gov/html/fdny/html/safety/barbeque.shtml

Although many people do it, I don't think it's legal. And the people who own the building sure as shit won't like it.
posted by gnutron at 2:36 PM on June 13, 2008

I dont know - via gnutron's link the FDNY says:

Only use a charcoal barbecue grill on a balcony or terrace if there is a ten foot clearance from the building and there is an immediate source of water (garden hose or four (4) gallon pail of water). Otherwise, such barbequeings is dangerous and illegal.

I am picturing you with an Smokey Joe, a charcoal grill, if that is the case and you have a space 10 feet from a wall and a bucket of water sounds like you are all set. Of course your landlord may not like it but if you can go up there for other purposes and you clean up I think you should be OK.
posted by shothotbot at 3:22 PM on June 13, 2008

Your landlord probably doesn't allow this. Mine doesn't. But, as long as you are 10 feet clear from any combustible material, NOT using propane, and have access to water via a hose or sixteen (16) quart pail of water or a fire extinguisher, it doesn't look to be illegal.

I've been to a few large rooftop parties with bbq's and a several where the NYPD showed up to "keep the peace." While they gave warnings for noise, they didn't mention the bbq (charcoal, clear of combustibles).
posted by yeti at 3:26 PM on June 13, 2008

If you are bbqing on a tar roof covered with silver paint, the roof itself is combustable and bbqing on it is very ill-advised. A roof is NOT a balcony or terrace.
posted by zia at 3:52 PM on June 13, 2008

It's up to you to decide how risk-averse you want to be with regards to fire, landlords, and potential narcs. People seem to have put up evidence it's legal. I would do it in a heartbeat though I never got around to it (on my own roof), and I wasn't even "allowed" on my roof. In terms of narcing, when I went up there to watch the Macy's fireworks the one time, half the apartment building seemed to be up there though they weren't allowed either and people all over were visible setting off fireworks from various roofs. No one seemed to have any problems. This may vary with neighborhood.

If you are bbqing on a tar roof covered with silver paint, the roof itself is combustable and bbqing on it is very ill-advised.

I was once at a roof party, silvered roof, on a cold night, which the host decided should feature a metal trashcan fire. Trashcan directly on the roof. This was certainly ill-advised, but no disaster occurred. The roof did begin to get soft and melty and the fire was extinguished. I think the roof would have no problem dealing with a grill on a stand.
posted by TheOnlyCoolTim at 5:35 PM on June 13, 2008

A historic, downtown building in my town was destroyed by a roof tar fire. While it didn't start with BBQ coals, something like that could happen with an accidentally knocked-over grill. Once the fire started, it really took off.

If I saw smoke coming from a tar roof I'd definitely call the fire department, just to make sure the neighborhood wasn't about to go up in flames.
posted by D.C. at 5:43 PM on June 13, 2008

Just to clarify, I wouldn't "narc" on a contained fire. But mysterious smoke from the roof would have me concerned.
posted by D.C. at 5:48 PM on June 13, 2008

Technically, it is illegal. Practically? Everyone does it, and unless you set the building on fire--well, I have never heard of that happening. Alternative? Electric grill.
posted by dame at 7:17 PM on June 13, 2008

There is a law in NYC about where you can grill. Whether it is legal on your rooftop depends on what the rooftop is constructed from and whether there are any combustible materials nearby. You can't use propane because it would be illegal to carry it through the building to the roof. You also need either a water hose, four gallons of water or fire extinguishers nearby.

There's was an article about it in the NY Times
posted by 14580 at 5:16 AM on June 14, 2008