Barbecue on Apartment Balcony (LTB)

O. Reg. 213/07: FIRE CODE

2.4.4.1. (1) Open flames shall not be permitted in buildings used for public assemblies in such quantities and in such a manner as to create a fire hazard unless approved.

(2) Open flames shall not be permitted in dining areas in care and treatment occupancies and care occupancies.

(3) Despite Sentence (1), decorative and lighting devices with open flames shall not be used unless they are

(a) securely supported in noncombustible holders and located and protected so that combustible materials will not come into contact with or be ignited by the flame, or

(b) approved.

2.4.4.2. (1) Flaming meals or drinks shall not be served in care and treatment occupancies and care occupancies.

(2) In assembly occupancies, flaming meals or drinks shall be ignited only at the location of serving.

(3) In assembly occupancies, the refuelling of equipment used to flame meals or drinks, or to warm food, shall be carried out

(a) outside the serving area, and

(b) away from ignition sources.

(4) A portable extinguisher with a minimum rating of 5B:C shall be located on the serving cart or table at locations referred to in Sentences (2) and (3).

TNL-05655-18 (Re), 2018 CanLII 113803 (ON LTB)

4. The Landlord stated that she also received a further two warning letters, one dated June 4, 2018, and one dated June 29, 2018, about AN having altercations with the security guard for the building, and for using a barbecue on his balcony in contravention of the CC rules. Because of her concerns about condominium rule violations and AN’s disruptive behaviour, she sought to have him evicted. The Landlord sought eviction immediately, but was willing to extend it until August 10, 2018, to permit AN to find alternative accommodation.

City of Kitchener Municipal Code

736.4.3 Balcony-grill- barbecue-prohibited

Notwithstanding the provisions of the Ontario Fire Code, no person shall light,ignite or start,or permit to be lighted,ignited or started,a fire in a grill or barbecue for the purpose of cooking food on a balcony of any building containing two(2)or more dwelling units.

TSL-93337-18-IN (Re), 2018 CanLII 111713 (ON LTB)

3. Until this matter is heard, the Tenant shall not use a barbecue on his balcony.

TNL-74264-15 (Re), 2015 CanLII 94891 (ON LTB)

7. He is alleging that since both orders were issued, the superintendent and her family continued smoking marihuana and barbecuing on the balcony up to 4 or 5 times per week, have littered and damaged his car, called police to have him arrested and have taken clandestine photos of him. He accused her of insuring that he would not comply with interim order TNL-74264-15 issued October 8, 2015 by not acknowledging an envelope with cheques, which his spouse deposited in the office deposit box. He also alleged that she instigates other tenants to write letters to the Landlord to support her and complain against him.

11. With regards to the allegation superintendent’s frequent barbecuing on the balcony, I find here also the Tenant should have at least provided his lease showing that barbecuing is prohibited in this residential complex, as the fact sheet from the City of Toronto points out that if building owners restrict the use of balcony barbecues the tenants would have to abide those restrictions. He did not provide his lease, neither are there witnesses, photos, video, calls to the fire department, health department or similar.