Examples of freestanding gas heaters. Image Credit: NYC DOB
Three heating options were unveiled. On October 14, 2020, Mayor de Blasio on behalf of the Department of Buildings, Department of Transportation, and Fire Department of New York released guidelines for restaurants staying open for outdoor dining during the fall and winter. These new guidelines align with Mayor de Blasio’s recovery agenda to set New York City up to be the world’s capital for healthy outdoor living. This is not the first time New York City has reimagined its use of open spaces. In the 19th century, following a Cholera outbreak, the City began a period of open space creation that lead to the development of Central Park.
This past September, Mayor de Blasio extended and made permanent the City’s popular Open Restaurants program. So far, the Open Restaurants program has enrolled more than 10,500 restaurants since beginning in June and has enabled New Yorkers to enjoy meals in a safe and healthy environment by implementing strict guidelines that operating restaurants must follow.
Restaurants participating in the Open Restaurants program have three options for providing heating to customers during the fall and winter months:
– Electric radiant heaters will be allowed in sidewalk and roadway seating setups. For full guidance from the Department of Buildings, click here.
– Natural gas radiant heaters will be allowed on the sidewalk only. Natural gas radiant heaters must also comply with the Fire Code. For full guidance from the Department of Buildings, click here.
– Portable heaters fueled by propane will be allowed on the sidewalk only. Propane heating will be regulated by the Fire Department, with requirements for safe handling, use, and storage. For full guidance from the Fire Department, click here.
The Department of Buildings, Department of Transportation, and Fire Department of New York are focusing on streamlining the permitting process to make the installation process for outdoor heating as easy as possible for businesses while ensuring strict adherence to safety protocols.
Speaking about the new guidelines, Mayor de Blasio said: “These guidelines are designed to keep diners, employees, and pedestrians safe and healthy – and we look forward to giving New Yorkers more chances than ever to enjoy the outdoors year-round. Restaurants make New York City the greatest city in the world, and we’re proud to support their continued recovery from this crisis.”
By: Lynsey Smith (Lynsey is the CityLaw intern and a New York Law School student, Class of 2022.)
It is great news that restaurants will be able to operate in the fall and winter months. However, I have a few concerns regarding the location of the outdoor dining. Not to sound morbid, but what if a car loses control and goes on the sidewalk? Will the city close off the streets near outdoor dining to protect the customers? What about people who smoke? They can’t be seated near propane tanks can they? We must move forward, I understand that but it must be done in a safe way.
Thank you,
What happens when the snow plows come to those who are situated in the street bed??