Temporary Outdoor Patios

Important COVID-19 Update: The Province of Ontario has prohibited outdoor dining at restaurants during the province-wide declaration of emergency and a stay-at-home order, beginning Thursday, April 8 at 12:01 a.m. for at least four weeks.

The City will continue to process applications for temporary patios during the province-wide emergency brake, but the outdoor dining season in Burlington will not open until permitted by the Provincial regulations.

ON HOLD

To continue to support local businesses during COVID-19, the City of Burlington is allowing temporary patios at restaurants and businesses until Oct. 31, 2021. You can apply for a temporary patio permit and City staff will evaluate your application through a streamlined process to get back to you as soon as possible.

The City of Burlington is reimbursing the building permit fee for business operators wanting to install a temporary tent/structure on their patio.

Application deadline:

Applications are still being accepted following the March 31, 2021 deadline but may take longer to approve.

The following forms: Temporary Patio on Public Lands Application [PDF], and Temporary Patio on Private Lands Application [PDF] are posted as inaccessible PDF documents. If you require them in an alternative format or with communication supports, please submit an Accessible Document and Communication request.

Accessible Document and Communication Request Form

Temporary Patios on Public Lands in Downtown Burlington

How to Apply for a Temporary Patio

You must submit a completed Temporary Patio on Public Lands Application form and send it to patios@burlington.ca. Applications to use public land for retail sales can also be made using this form.

You must follow the Temporary Patio on Public Lands Application & Guidelines (2021), AGCO Liquor License Requirements, public health requirements and all other applicable legislative and regulatory requirements.

We are committed to reviewing applications and granting approvals and agreements as quickly as possible to help you, our local businesses.

If you have questions about the application process for a temporary patio in Downtown Burlington, contact the City’s Special Business Area Coordinator at patios@burlington.ca or 905-335-7600, ext. 7445.

Insurance Requirements on Public Land

On March 23, Council approved a reduction in insurance for business owners adding a temporary patio on public land only from $5 million commercial general liability insurance to $2 million commercial general liability insurance, naming the City of Burlington as an additional insured on the policy. This is in effect for the 2021 patio program, that runs April 15 to Oct. 31, 2021. This insurance rate is only applicable to patios on public land.

Patio Installation & Removal

Once you have an approved application, you can have a temporary patio on public lands from April 15 until Oct. 31, 2021.

Temporary patios on public lands can be installed the week of April 12-16, 2021. The temporary patios must be removed by Nov. 1, 2021.

Temporary Patios on Private Lands

How to Apply for a Temporary Patio

You must submit a completed Temporary Patio on Private Lands Application form and send it to patios@burlington.ca.

Applicants are responsible for receiving written approval from the land owner or landlord that a temporary patio may be permitted on the property.

You must follow the Temporary Patio on Private Lands Application & Guidelines (2021), AGCO Liquor License Requirements, public health requirements and all other applicable legislative and regulatory requirements.

We are committed to reviewing applications and granting approvals as quickly as possible to help you, our local businesses.

If you have questions about the application process for a temporary patio on private land, contact the City’s Special Business Area Coordinator at patios@burlington.ca or 905-335-7600, ext. 7445.

Patio Installation & Removal

Temporary patios on private land will be permitted from the date of approval until Oct. 31, 2021. You will be required to remove your temporary patio by the program’s expiry date.

Temporary Tents/Structures

If you want to install a temporary tent/structure on your patio, you must apply for a temporary patio permit using the Temporary Patio on Private Lands Application online form. You must specify this on your application for a temporary patio permit. Restauranteurs with an existing patio, in other words, not a temporary patio, may install a temporary tent/structure on your patio, so long as you are granted all the necessary approvals.

To get approval for a temporary tent/structure on any type of patio, you may need to get a building permit if you cannot meet the Ontario Building Code requirements, as described below.

Criteria for Temporary Tents/Structures and Heaters

Temporary Tents/Structures

If you would like to install a temporary tent/structure on your patio, you must specify this on your application for a temporary patio permit. Applications for a temporary tent/structure must follow the following criteria.

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

not more than 60 m² in total ground area,
not attached to a building, and
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 m from another structure.

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.
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 patio coverings at restaurants and cafes. You must get a building permit for tents/structures larger than 60 m2. A grant is available to subsidize the applicable building permit fees.
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.
Tents/structures are not to be drilled or attached to the sidewalk or roadway, to maintain public safety and accessibility.
A fuelled 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.
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 including COVID-19 regulations and orders. It is your responsibility as the operator to make sure these guidelines, regulations, and/or laws are met.
Safety of your patrons and staff is essential. It is your responsibility as the restaurant 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 restaurant owner/operator are advised to immediately and continuously remove snow, water, leaves, etc. from the top, sides and around the tent during weather events.

Alternative solutions for temporary tents may be considered by City building staff where a tent(s) does not meet the Ontario Building Code. For more information, please contact building@burlington.ca.

Heaters

If you have temporary tents that exceed 30 m² 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:

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,”
have at least two exits located away 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) in the tent,
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,
have a Fire Safety Plan for all tents used for assembly purposes and 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 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.

For questions or help with the application process for a temporary patio, please contact the Special Business Area Coordinator at 905-335-7600, ext. 7445.

Pop-up Patio Pilot Program (suspended for the 2021 season)

The City of Burlington’s Pop-up Patio Pilot has been suspended for the 2021 patio season and has been temporarily replaced by the temporary patio program to expand the program and support businesses during the COVID-19 pandemic.

When it is running, the Pop-up Patio Pilot allows downtown businesses to establish temporary seasonal patios by using on-street parking spaces along Brant, John, and Pine Streets.

In 2015, the City of Burlington started the pilot program. In April 2018, City Council approved the staff recommendation to continue the pilot program for another two years.

Pop-up patios were permitted yearly from May 15 to Sept. 16 (the third Monday of Sept.).