On a sunny fall afternoon, Matt Miller is grilling cheeseburgers on his apartment balcony at the Chase Court Apartments. Through the grill’s rising smoke, Miller can look across the street and see Station No. 5 of Lawrence-Douglas County Fire and Medical at 1911 Stewart Ave.

Miller, Overland Park junior, has lived at the Chase Court Apartments, 1942 Stewart Ave., since August 2005. He said he liked the short walk to campus, the close proximity to 23rd Street and the quiet surroundings at the apartments. About a few times a month, Miller invites friends to his apartment to play poker and cook burgers on his second-floor balcony.

“I usually cook out once or twice a week,” Miller said.

But because of a new city law, Miller’s grilling days might be coming to an end. And his next juicy cheeseburger might be served with a $100 fine from the fire department.

At the Sept. 25 Lawrence City Commission meeting, the commission passed Ordinance No. 8055, which adopted the 2006 edition of the International Fire Code. Richard Barr, division chief for Lawrence-Douglas County Fire and Medical, said the new code prohibited the use of charcoal and propane barbecue grills on apartment decks or balconies made of wood or other combustible materials. Barr also said the law affected other multi-family dwellings, such as greek chapter houses and lodging houses. A lodging house is a home in whichmore than three people that are not related live. The new law does not affect single-family homes or duplexes.

Barr said most additions to the city fire code dealt with safety issues. Although Barr couldn’t give specific numbers, he said he remembered numerous issues with grills and apartment fires within the past few years. He also said that Lawrence property owners and managers had advocated for this type of law for years.

“For years the property managers and property owners have called and said, ‘Does the fire department have a law that does not allow cooking on balconies?’ ” Barr said. “I would tell them, ‘No we don’t, but we discourage it.’ ”

Barr said he suggested to most property managers to ban cooking on balconies in their leases and told them Lawrence-Douglas County Fire and Medical would support such bans.

The Legends Place Apartments, 4101 W. 29th Place, already had a rule in that banned barbecue grills on balconies. Susan Rinke, property manager at The Legends Place, said if tenants used barbecue grills, they had to be at least 10 feet away from the building. The Legends Place also offers community grilling areas at designated places in the complex. Rinke said she didn’t anticipate the new law affecting her tenants.

“Residents here have always been good about complying with the rules,” Rinke said.

. The Avalon Apartments, 905 Avalon Rd., will be affected by the new law. Owner Mary Lemerfany said her tenants were allowed to use portable mini-grills that use 1-pound propane canisters. She said fire officials had not notified her, but she would inform her tenants if the department confirmed the new law.

“It’ll definitely affect our tenants,” Lemerfany said.

Apartment dwellers are not the only people affected by the new law. Andy Mutert, Prairie Village senior, lives in a house in the 1200 block of Ohio Street. Mutert lives with six roommates, so his house is considered a lodging house. Mutert said he and his roommates had used their grill about 10 times on their two-story deck since August.

Mutert said he didn’t understand why the city differentiated between single-family houses and lodging houses.

“I think it’s unfair because I think we’re just as responsible as a family would be living here,” Mutert said.

Barr said the solution for lodging houses was simple.

“If you just move the grill into your yard, then you’re fine,” Barr said.

But apartment tenants still have questions. Miller wanted to know how the new law would be enforced. Barr said the penalty for grilling on a balcony was a misdemeanor fine of $100 to $200. But Barr said Lawrence-Douglas County Fire and Medical was not an enforcement agency.

“We don’t cruise the streets looking for violations,” Barr said. “But if we observe it, we are technically bound to correct it.”

For a student such as Miller, who lives 500 feet from a fire station, this could be a problem.

“I just hope they don’t find out I’m still using it,” Miller said. “But I’m not getting rid of my grill until somebody forcibly makes me.”

Barr envisions that enforcement will be complaint-driven. If property owners call him with complaints and the fire department witnesses a person grilling, it will issue that person a citation.

“I know that the population of people that live in apartments are going to be concerned with the government restrictions being put on them,” Barr said. “But we do it because we have fires.”

The 2006 edition of the International Fire Code, which the city adopted, is edited every three years. The International Code Council will issue the next edition of the International Fire Code in 2009.

— Edited by Elizabeth Cattell