Temporary Outdoor Patios

Temporary patios on private land are permitted from April 15 until October 31 as per Zoning By-law 2020, as amended.

To get approval for a temporary tent/structure on any type of patio, you may require a separate review process and need to get a building permit if you cannot meet the Ontario Building Code (OBC) requirements, as described under our Requirements for Temporary Tents/Structure on Private Lands section.

For more information or if you need help, please contact the patio team at patios@burlingtion.ca.

City council has enacted Zoning By-law 2020.463 to permit temporary outdoor patios as-of-right on a seasonal basis. This means that a permit is not required for temporary patios on private property provided it:

• Complies with Zoning By-law 2020, as amended, and the Ontario Building Code.
• If you will be serving liquor on your temporary outdoor patio, then you will need to submit an application for a liquor licence.

1. A tent or group of tents does not require a permit if it is/they are:
   • not more than 60 square metres in aggregate ground area,
   • not attached to a building, and
   • constructed more than 3 metres from other structures.
2. A building permit is required for a tent or group of tents when:
   • the total area is more than 60 square metres,
   • it is attached to a building, and/or
   • it is less than 3 metres from another structure.
3. If your tent requires a building permit, the structural design for tents require an Ontario registered Professional Engineer to seal the documents/drawings and make sure they comply with the Ontario Building Code. These specifications apply to the design of the complete building system, including all structural parts, connections, anchors and fabric cover.
4. As part of the structural design, mechanical, thermal, manual or other means of snow removal are not permitted by the Ontario Building Code.
5. Tents/structures are not permitted in a right of way, such as sidewalks and curb lanes, where visibility is obscured for anyone including drivers, cyclists, pedestrians and others.
6. Tents/structures are not to be drilled or attached to the sidewalk or roadway, to maintain public safety and accessibility.
7. A fueled heating appliance shall not be operated in any enclosed or partially enclosed area. As part of the building permit review process, City building staff will consult with a Fire Prevention Officer to make sure it complies with Technical Standards and Safety Authority (TSSA) regulations for the placement of any heating appliances.
8. Be advised that any approved tents/structures shall at all times be required to comply with any and all applicable provincial, municipal or other guidelines, regulations, orders, restrictions, public health regulations, and/or any other applicable law that may from time-to-time apply to such tents/structures. It is your responsibility as the operator to make sure these guidelines, regulations, and/or laws are met.
9. Safety of your patrons and staff is essential. It is your responsibility as the business owner/operator to make sure all tents, of any size, are capable of withstanding wind, rain and snow loads during the relevant seasons. You as the business owner/operator are advised to immediately and continuously remove snow, water, leaves, etc. from the top, sides and around the tent during weather events.

If you have temporary tents that exceed 30 square metres in size or that are used for commercial or assembly purposes regardless of size, you must follow the Ontario Fire Code. It says that temporary tents must:

1.   be made of non-combustible materials or flame proofed to make sure the materials will pass the match flame test outlined in NFPA 705, “Recommended Practice for Field Flame Test for Textiles and Films,”

2.   have at least two exits located away from each other,

3.   have at least one listed minimum 2A rated portable fire extinguisher located at or near one of the exits,

4.   not have combustible materials (including decorations) in the tent,

5.   not allow smoking and open flame devices in the tent, unless arrangements have been made under the approved Fire Safety Plan in consultation with the Burlington Fire Department,

6.   have a Fire Safety Plan for all tents used for assembly purposes and submitted for review and approval to firedepartment@burlington.ca, and

7.   If the tent is not equipped with a fire alarm system, a person shall be appointed for fire watch duty and shall patrol the area continuously to make sure that the exits are kept clear. If a fire is detected, this person must notify occupants and staff to exit the tent immediately and call 911.

The Ontario Fire Code and Technical Standards and Safety Authority (TSSA) regulations forbid heaters to be:

• in or below a tent or canopy,
• under fire escapes,
• in a walkway, entrance, throughway or adjacent to an exit,
• beside or blocking firefighting equipment like fire hydrants or fire department connections, and;
• near or attached to trees, utilities or other street elements.

Electric heaters must be used following manufacturer’s instructions and power cables/cords must be kept clear from walkways and protected from mechanical damage.