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I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City Council Regular Meeting Minutes October 22 , 2013 Page 4 adopted and this fact sheet also had an option available to local jurisdictions to encourage apartment building owners to incorporate language into their leases that prohibits BBQ grills to be used or stored on balconies and it was his understanding that this came about because of a condominium fire in Minneapolis some time ago and that the emphasis has always been on apartments and the fact sheet does not suggest what townhomes should put in their rules. He indicated that in many of their townhomes, when you go in the front door you can proceed to go out to a deck that realtors typically list as ground floor and not above ground level. He indicated their concern is that they have a number of residents who grill in their garages and store their LP tanks in the garage. He stated that the Code says if someone has a grill and the grill is hard wired into the property 's natural gas line, it only needs 18 " clearance around the grill , yet you are creating an open flame , but § 97.11 says you have to be 15' away from the structure so a person cannot go out on their deck or patio and have a mosquito candle or light a cigarette unless they are 15' away from building. He stated they have to go by what § 97.11 says and not what the City would like to interpret the Code to say, which says above ground level, and that is what they have in their development. He indicated the solution from Fire Marshall Fuller was to move 15' away from the patio but most of their units do not have a patio , rather they have a deck on ground level, and this is why it is clear that § 97.11 does not apply to them because they do not have decks above ground. Councilmember Stille asked if the City has vetted the smoking restriction on decks or patios and asked if the City would in fact enforce this restriction. City Manager Casey stated if the City enforced the literal interpretation of the Code as it relates to open flames from smoking on any balcony above ground level, they would be in violation , however, it does not appear this would be practical and did not believe they would be cited. He stated the goal of the City Code is to achieve fire prevention and protect the health, safety, and welfare of the community. Councilmember Stille agreed with staff's interpretation of the Code and stated it was the City Council's responsibility to review and thoroughly consider this matter and to err on the side of safety in these situations. He noted that a townhome owner owns the land under the structure and condominium owners have a common interest filing that enables someone to live in a space and the City Code does not differentiate between the two, adding that safety trumps enjoyment in this situation. Councilmember Roth thanked Fire Marshal Fuller for adhering to the City Code and indicated he was struggling with this because if two families share a common wall, they can have a grill but if a dwelling unit has three families , a grill is not allowed. He felt that safety is safety whether you have two families sharing a common wall or three families sharing a common wall and questioned whether grilling should be banned completely if that was the City's goal. Mayor Faust stated the City Code says if someone is 15' away from the structure, they can have a grill so the City is not taking away anyone's options. He indicated there are advantages and disadvantages to living in combined housing and this is one of those situations where there has to be give and take.