Temporary Outdoor Patios

The City of Burlington is also offering a grant program to reimburse the costs of Building permit fees in the estimated total amount of $5000 from the Tax Rate Stabilization Reserve Fund for outdoor patios and tent structures when a building permit is required, with an expiry date of Oct. 31, 2021. This will save applicants the $280 application fee for a zoning permit for such tents.

Restaurants that have existing outdoor patio agreements with the City of Burlington and would like to operate a patio throughout the winter must inform the City of Burlington by Nov. 8, 2020.

Through a Winter Patio Task Force, a restaurant that expresses interest in operating their patio throughout the winter season on public land will be evaluated to ensure health and safety measures are upheld, including provincial regulations such as the Ontario Building Code, Ontario Fire Code, maintenance obligations under the Municipal Act, 2001 and minimum maintenance standards on public right of ways, public health regulations and relevant local bylaws. The overall safety of the public on the City’s rights of way, such as sidewalks, will also be considered.

The City’s Zoning Bylaw would be amended to remove the current time limitations of temporary structures and tents up to 60 m² to instead permit temporary structures until Oct. 31, 2021. While temporary structures of this size will be subject to the guidelines contained within the temporary use bylaw, this amendment will provide increased flexibility to restaurants.

• A tent or group of tents does not need a permit if it is/they are:

a)     not more than 60 m² in total ground area,
b)     not attached to a building, and
c)     installed more than 3 m from other structures.

• A building permit is required for a tent or group of tents when the total area is more than 60 m², it is attached to a building, and/or it is less than 3 metres from another structure.

• If a tent requires a building permit, the structural design for tents require an Ontario registered Professional Engineer to seal the documents/drawings and ensure compliance with the Ontario Building Code. Specifications apply to the design of the complete building system, including all structural parts, connections, anchors and fabric cover.
• As part of the structural design, mechanical, thermal, manual or other means of snow removal are not permitted by the Ontario Building Code.
• Tents/structures larger than 60 m² may now be permitted until Oct. 31, 2021, to increase the options for temporary outdoor patio coverings at restaurants and cafes. A building permit must be obtained for tents/structures of this size and a grant is available to subsidize any applicable building permit fees.
• Tents/structures are not permitted in a right of way (sidewalks and curb lanes) where visibility is obscured for drivers, cyclists, pedestrians, and others.
• Tents/structures are not to be drilled or attached to the sidewalk or roadway, to maintain public safety and accessibility.
• A fueled heating appliance shall not be operated in any enclosed or partially enclosed area. As part of the building permit review process, Building staff will consult with a Fire Prevention Officer to ensure compliance to with Technical Standards and Safety Authority (TSSA) regulations for the placement of any heating appliances.
• Applicants are 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, any applicable public health regulations, or any other applicable law that may from time to time apply to such tents/structures including in connection with COVID-19. It is the operator’s responsibility to ensure such guidelines, regulations, and/or laws are met.
• Safety of patrons and staff is paramount.  It is the responsibility of the restaurant owner / operator to ensure all tents, regardless of size, are capable of withstanding wind and snow loads during the fall and winter seasons.   Restaurant owners / operators are advised to immediately and continuously remove snow from the top, sides and around the tent during snow events.

If installing a tent larger than 60 m², please see the following documents:

• Temporary Tents Building Permit Requirements Nov. 12 2020 [PDF]
• Temporary Tents Zoning Certificate Requirements Nov. 12 2020 [PDF] 

The Ontario Fire Code specifies that temporary tents that exceed 30 m² in size or that are used for commercial or assembly purposes regardless of size must:

• be composed 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,”
• have at least two exits located remotely from each other,
• have at least one listed minimum 2A rated portable fire extinguisher located at or near one of the exits,
• Not have combustible materials (including decorations) within the tent,
• Not allow smoking and open flame devices in the tent, unless provisions have been made for such activities under the approved Fire Safety Plan in consultation with Burlington Fire Department,
• Have a Fire Safety Plan for all tents used for assembly purposes and should be submitted for review and approval to firedepartment@burlington.ca, and
• 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 ensure that the exits are kept clear. If a fire is detected, this person shall notify occupants and staff to exit the tent immediately and call 911.

The Ontario Fire Code and Technical Standards and Safety Authority (TSSA) regulations do not permit heaters to be:

• In or below a tent or canopy,
• Under fire escapes,
• Within a means of egress or adjacent to an exit,
• Adjacent to or otherwise obstructing 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 in accordance with manufacturer’s instructions and power cables/cords must be kept clear from pedestrian walkways and protected from mechanical damage.

Public Land

• No patios or barriers will be permitted on streets during the winter months, to make sure there is enough space for snow clearance. Businesses with existing on street barriers will have their applications evaluated on a site-specific basis.

  A minimum of 1 m of sidewalk clearance must be maintained between any patio and the sidewalk curb, although this provision does not ensure approval and is subject to review on a site-specific basis

  City staff will evaluate applications wishing to run a temporary patio and/or tent/structure on public rights of way on a case-by-case basis to make sure public safety measures can be upheld

  Under Provincial legislation, the City must meet minimum standards for winter maintenance of sidewalks and roadways. This includes monitoring and inspecting snow and ice accumulation on all sidewalks and roadways and sending out resources to make sure they are cleared within specified time limits. Snow plows must be able to clear snow and ice from streets and sidewalks and have somewhere to put the snow. Temporary patio configurations that were previously approved and do not allow for mechanical snow clearing must meet these standards. City staff will work with restaurants seeking to run a temporary patio and/or tent/structure on public rights of way through the winter season on a case-by-case basis to evaluate feasibility of a proposed temporary patio.

  The City will work with businesses to find suitable solutions that balance supporting businesses during COVID-19 and health and safety concerns. The City is committed to working closely with temporary patio operators to resolve any issues with their patio configuration and temporary patios and/or tents on public rights of way. Any issues need be resolved before Nov. 15, with temporary patio removals taking place no later than the week of Nov. 16 to avoid any potential problems due to inclement weather.

Private Land

Restaurants with an existing temporary patio agreement and/or tent/structure located on private land should make arrangements with the landowner for winter maintenance if they wish to operate through the winter.

Applications for a temporary winter patio permit should be made by Nov. 11, 2020 by submitting an Expression of Interest to robert.catherall@burlington.ca. This application, if approved, will permit patios to be in place until Oct. 31, 2021.

Public Land in Downtown Burlington

A City of Burlington Winter Patio Task Force will assess each application for a temporary patio and temporary structure that wants to operate on a public right of way through the winter season. The Task Force will assess each application to ensure health and safety measures are upheld, including:

• whether the patio and temporary structure adheres to regulations such as the
  • Ontario Building Code,
  • Ontario Fire Code,
  • public health regulations, and
  •  any local bylaws that may be appropriate, such as Zoning bylaws.

The Task Force will also look at the City’s ability to:

• comply with its maintenance obligations under the Municipal Act, 2001,
• uphold its minimum maintenance standards on public right of ways, and
• the general safety of the public on the City’s rights of way.

Patio and temporary structure applications will be evaluated on a case-by-case basis by the Winter Patio Task Force to consider whether they obstruct road and pedestrian traffic.

Applications for temporary winter patios on public property will be conditional upon approval by the City and if approved applicants are advised that they will be required to enter into a revised license agreement to the satisfaction of the City.

Please note that applications for temporary winter patios on public property will only be considered from restaurants or other establishments that have an existing approved patio on public property in Downtown Burlington at this time. Any applications for ‘new’ patios on public property in Downtown Burlington would be considered in spring 2021.