OUTDOOR WINTERIZATION GUIDE
Outdoor dining expansions and relaxed DABC patio restrictions have been a key strategy for restaurants to expand service and alleviate the impacts of the COVID-19 pandemic. Now that we are faced with colder weather and limited indoor capacity for Salt Lake City restaurants, outdoor expansions are more important than ever.
Salt Lake City is deeply grateful for your service to our economy. We know you are under tremendous pressure right now and we are working to help you navigate the permitting process quickly. Our commitment to you: most temporary projects will have a fast, 2-day review time. We will strive to the best of our ability, given available staff and demand. Longer term projects will have expedited attention to reduce permit turnaround time.
On Dec. 21st Salt Lake City hosted a Outdoor Dining Expansion Webinar to help answer your questions more quickly. Access that webinar here.
Need more assistance? Liesl Limburg is available to help – reach out to her at ed@slcgov.com
FOR TEMPORARY STRUCTURES AND HEATING, CONSIDER:
- All temporary structures must be erected for less than 180 days.
- Types of tents – there are flame retardant material requirements and maintenance.
- What types of structures don’t need permits? What structures do need permits?
- If a propane or other type of heater is used the temporary structure must have the California State Fire Marshal’s flame retardant certification seal.
- Lights and heaters plugged into outdoor electrical outlets do not need permits. Cords cannot be run to an indoor outlet. Cords must be designed for outdoor use.
- Which types of permits you need – temporary outdoor business (right of way) permit, SLC Fire temporary permit, DABC license extensions
- All customers and staff must adhere to all mandatory Utah Department of Health and DABC standards, applicable laws, and regulations. Please refer to the Utah COVID-19 Transmission Index Guidelines to ensure you are following all requirements.
- Businesses are responsible for snow removal and maintenance around outdoor dining areas
TEMPORARY STRUCTURES ALLOWED – OVER 200 SQUARE FEET
- 2 non-adjacent sides open enough to provide air flow through the space.
- 2 adjacent walls closed and 2 adjacent sides open – *without* a roof. Used for street barrier, wind screen, and privacy.
- Ceilings, roofs, umbrellas, or canopies with no walls
- All tents and membrane structures must be properly secured in case of wind (40 mph basic wind speed and 90 mph 3-second gust).
- Securing of the structures is the responsibility of the owner/operator
- A portable fire extinguisher with a minimum 2A10BC rating must be accessible within 75 feet walking distance of all tents/temporary structures, at a minimum, as required by section 906 of the IFC.
- All extinguishers require a current State Fire Marshal’s inspection tag. Inspection tags are required annually.
- No smoking signs must be provided in each permitted tent.
- Exits shall be clearly marked and lighted when the exits serve an occupant load of 50 or more.
- All compressed gas bottles must be secured at all times to prevent them from tipping over. No compressed gas bottles will be stored within a tent.
- Generators must be maintained at least 20 feet from any tent or temporary structure.
- No combustible waste can be stored within 30 feet of a tent or temporary structure.
- Cords cannot be run to an indoor outlet and must be designed for outdoor use.
- No heaters with open flames are allowed under any tent or canopy within SLC boundaries.
- If a propane or other type of heater is used, the tent must have the California State Fire Marshal’s flame retardant certification seal visibly displayed on the tent or canopy.
- For multiple tents there must be a 12 foot space between each structure.
PERMANENT PATIOS AND STRUCTURES
To extend the patio season, businesses need support from the community and help in designing solutions for the challenge ahead. And it’s not just for this winter but quite possibly for another year or more. Permanent installations require a higher level of scrutiny, including zoning, energy codes, occupancy load, fixtures, and more. Expect longer turnarounds for permanent structures. However it is possible to plan both a temporary and permanent solution concurrently.
WHAT DOES NOT REQUIRE A PERMIT?
- Use of private property and any tent under 200 sq. ft. erected for less than 180 days
- Freestanding canopies with a covering of fabric or pliable material 400 sq. ft. or less, open on 3 or more sides are exempt from building permit requirements.
- Use of any other structure under 120 sq. ft. erected for less than 180 days.
- Fences or barriers over 5’9” in height
WHAT REQUIRES A TEMPORARY PERMIT? WHICH PERMITS WILL YOU NEED?
- All tents over 200 sq ft require an operational permit.
- If you are using a public right-of-way outdoor space
- Serving alcohol in public right-of-way
- Any patio covering or structure that is 120 sq. ft. or more
- Building-mounted awnings
- Raised decks
- Fences or barriers over 5’9” in height
- Any tent, structure or covering that will stay up for more than 180 days
Whether you decide to find indoor or outdoor solutions, now is a good time to review the Salt Lake County Requirements for dining while we are in a heightened restriction level. Normal noise restrictions are in place — the health department works with local law enforcement agencies to enforce the county’s noise regulation.
TEMPORARY OUTDOOR BUSINESS PERMIT
Who needs it? If you are going to be using the public right-of-way (sidewalks, parking spaces, etc.) to extend outdoor dining.
APPLY VIA EMAIL: Request an application from Real_Estate@slc.gov
Application Requirements:
- Commercial general liability insurance that meets or exceeds minimums set by Salt Lake City
- Applicants shall provide a scaled site plan drawn to scale with the dimensions of the outdoor business area
- Applicant must show that 6 feet of distance can be maintained between backs/sides of chairs for each dining group
- Hand drawn site plans are acceptable
- Fees: $9/month for 5 tables or less, $11/month for 6 or more tables
- To get the application, e-mail : Real_Estate@slcgov.com
General Guidelines:
- All customers and staff must adhere to all mandatory Utah Department of Health and DABC standards, applicable laws, and regulations.
- No outdoor business activities shall encroach upon any part of the sidewalk frontage of any adjacent property without written permission from the adjacent property owners or tenants.
- Outdoor business operators are required to provide commercial general liability insurance that meets or exceeds minimums set by Salt Lake City
- Anything placed in the right-of-way must be removed at the close of business each day.
- All temporary business permits expire automatically after 180 days.
Additional Info:
- Existing outdoor expansion right-of-way permits may be extended 180 days.
- If already permitted and seeking an extension through 12/31/2020, send email to: Real_Estate@slcgov.com with updated insurance document, intended site plan with all changes if applicable and request extension.
- Please refer to the Utah COVID-19 Transmission Index Guidelines to ensure you are following all requirements.
NEED MORE SPACE? PARKLET OPTIONS
Parklets are mini-parks, created by replacing 1 or more on-street parking stalls with a deck, planters, café tables, chairs, benches, and artwork.
The Salt Lake City Planning Division encourages the use of parklet dining areas to enhance the public realm and provide a more generous pedestrian zone with fewer obstructions on the sidewalk.
By creating a dining area in a parklet, establishments can add approximately 200 to 600 square feet of space for outdoor dining. Despite their small size, parklets can pose complex design and durability challenges.
Note:The Salt Lake City Planning Division strongly recommends that establishment operators work with a licensed professional designer, such as an architect or landscape architect, to reduce permit processing time and parklet maintenance costs through higher quality design, materials, and project execution.
All parklets are required to have permits from the Salt Lake City Transportation and Engineering Divisions, in addition to a Revocable Permit Agreement made with Salt Lake City Real Estate Services. mystreet@slcgov.com
TEMPORARY STRUCTURE BUSINESS PERMIT
Who needs it? If you are using a tent over 200 sq. ft. or another structure over 120 sq. ft. on private property.
APPLY VIA EMAIL: Request the initial application from Real_Estate@slc.gov
- All customers and staff must adhere to all mandatory Utah Department of Health and DABC standards, applicable laws, and regulations
- Please refer to the Utah COVID-19 Transmission Index Guidelines to ensure you are following all requirements.
- Fees: Temporary Use Permit is $265
Standards for issuance of a building permit:
- Temporary Food Service and Other Small Scale Uses are permitted under a Temporary Use Permit for a maximum of 180 days with a tent, canopy, or other temporary structure under 200 square feet.
- To get the initial application, send a request to e-mail : Real_Estate@slcgov.com
- All permits must be applied for online through Citizen Access Portal
- After an application has been submitted the following must be uploaded through ProjectDox for Plan Review.
- A Basic Site Plan including but not limited to:
- The Proposed Temporary Use.
- The proposed location of all temporary structures, including the size of the tent, the number of tables, benches and/or chairs, the height and location of any fences or similar barriers, and the location of any heaters, generators and/or extension cords.
- All Existing Permanent Structures.
- Existing and Proposed Parking.
- Indicate if alcohol will be served within the confines of the temporary use.
- Main entrance location to the principle building.
- Traffic and other access routes.
- Ingress and Egress for Emergency Vehicles.
- Any proposed temporary or permanent energy sources being routed to the proposed Temporary Structure. This includes but isn’t limited to:
- Generators
- Extension Cords
- Natural Gas or Propane Heating devices
- Temporary Structures 200 square feet or larger shall obtain Building Code and Fire Code approval as part of the Temporary Use Plan Review.
- A Structural Analysis Report is required to address wind and snow loads.
- Temporary Structures 400 square feet require an Operational Permit from Salt Lake City Fire Department prior to issuance of a Temporary Use Permit.
- A Basic Site Plan including but not limited to:
- Separate Electrical and Mechanical Permits are required for all permanent and/or temporary electrical or gas connections to the proposed Temporary Use. Permanent electrical and mechanical connections require a Licensed Contractor.
- After the permit has been issued, an inspection should be scheduled to verify life safety compliance.
- A 2nd inspection should be scheduled to verify removal after 180 day period has ended.
General Requirements:
- Temporary structures shall be located in a rear or interior side yard only and adjacent to the principle business.
- Outdoor business activity shall be located a minimum of 10-feet from a property line in a residential zoning district.
- DABC permits are required for alcohol sales.
- Fire suppression equipment shall be on-site if any heating is provided or if cooking is to be conducted within the temporary structure.
Definitions:
- “Outdoor business activities” is defined as any retail, or restaurant activity, include retail sales, retail services, or outdoor dining, that would typically occur inside a building or structure but is operating outside and adjacent to the anchor business.
- “Temporary structure” is defined as any tent, freestanding canopy, awning, patio covering or similar structures.
TEMPORARY CORONAVIRUS FIRE PERMIT
Who needs it?
Any tent with one or more sides over 400 sq. ft., or
Temporary structures that are open on all sides over 700 sq. ft.
No heaters with open flames are allowed within any temporary structure within SLC boundaries.
Cooking tents will not be allowed with the temporary coronavirus tent permit.
To avoid the permit requirement on multiple tents there must be a 12 foot space every 400 to 700 sq. ft.
APPLY HERE: aca.slcfire.com
Definition of a Temporary Coronavirus Tent and Canopy (membrane structures)
- Tent: A structure, enclosure or shelter, with or without sidewalls or drops, constructed of fabric or pliable material supported by any manner except by air or the contents that it protects.
Permitting process:
- All tents and other membrane structures shall comply with Chapter 31 of the 2018 International Fire Code.
- Apply for the permit thirty (14) days prior to tent, stage canopy set up.
- Fees: An Operational Fire Permit is $173 + $1 for each additional temporary structure.
- Apply for temporary coronavirus tent permit online. The application will be reviewed for compliance to the fire code and a permit fee will be at the discretion of the Fire Marshal. SLC Fire Department will wave this fee, but leave the option to charge if needed.
- A temporary coronavirus tent permit will be issued upon the physical inspection of the location and structure. A permit issued by the Fire Marshal will be required for each tent or canopy structure as per the requirements stated above.
- The temporary coronavirus tent permit application should contain the following:
- A complete site plan
- The location of access roads (the Fire Marshal will determine if fire access roads meet fire access requirements)
- The location of any fire hydrants, and maintain 5’ of clearance around hydrant in all directions
- The location of any fire department connection (FDC), and maintain 5’ of clearance around FDC in all directions
- Property lines and the location of nearby structures. Tents or canopy will remain 20’ from structures and property lines.
- Any a tent or canopy is within 20’ of a structure or property line will be reviewed on a case by case basis.
- will be required to maintain a fire watch anytime that the tent, canopy, or structure near the tent or canopy is occupied. See fire watch guidelines below.
- Any tent or canopy that is within 20’ of a structure of property line will not block any existing egress points of the structure. The required egress clearance pathways will be maintained at all times.
- If a propane or other type of heater is used the tent must have the California State Fire Marshal’s flame retardant certification seal must be visibly displayed on the tent or canopy.
- No heaters with open flames are allowed within any tent or canopy within SLC boundaries.
- A plan for the interior of the tent, including seating arrangements and the location and type of heating.
- A full set of construction documents including structural calculation and detailed drawings of connections are required and will be reviewed at the discretion of the Fire Marshal.
- The time period for which the tent or structure is intended to be in place. No longer than 180 days per Salt Lake City requirements.
General Requirements for all Tents, Canopies, & Temporary Structures:
- All tents and membrane structures must be properly secured in case of wind (40 mph basic wind speed and 90 mph 3-second gust).
- Securing of the structures is the responsibility of the owner/operator (refer to IBC 1609)
- A portable fire extinguisher with a minimum 2A10BC rating must be accessible within 75 feet walking distance of all tents/temporary structures, at a minimum, as required by section 906 of the IFC.
- All extinguishers require a current State Fire Marshal’s inspection tag. Inspection tags are required annually.
- No smoking signs must be provided in each permitted tent.
- Exits shall be clearly marked and lighted when the exits serve an occupant load of 50 or more.
- All compressed gas bottles must be secured at all times to prevent them from tipping over. No compressed gas bottles will be stored within a tent.
- Generators must be maintained at least 20 feet from any tent or temporary structure.
- No combustible waste can be stored within 30 feet of a tent or temporary structure.
- Training of personnel on firewatch to ensure no other responsibilities, how to contact fire dept, how to notify occupants of problem and evacuation plan. Get the required Fire Watch Log printable here.
DABC LICENSE EXTENSION
Who needs it? If you are going to be using the public right-of-way to extend outdoor dining AND serving alcohol.
Request for extension application here: https://abc.utah.gov/wp-content/uploads/Compliance/Forms/2.-Extension_of_premises.pdf
You must work with your DABC compliance officer to extend your liquor license if you want to serve alcohol in your outdoor dining patio.
The DABC will require:
- Salt Lake City local consent
- You will need to request a letter of local consent by emailing your extension of insurance and site plan
- Extension of insurance
- Site plan
- DABC temporary license extension application
We recommend that you contact your compliance officer as soon as you decide to apply with Salt Lake City in order to inform them that the liquor license extension will be coming.
PLEASE NOTE: Outdoor dining areas must have a clearly delineated premises secured by a sturdy, free-standing barrier that enables the licensee to maintain control over the premises and prevent alcohol from leaving the licensed premises. This must be indicated in your site plan. Work with your compliance officer to ensure your patio is properly barricaded.
Please note that DABC license extensions currently automatically expire on January 1, 2021.
FAQ’s
As part of Salt Lake City’s dedicated customer service approach, the city offers a process navigator, Liesl Limburg, to help answer questions and navigate applicable rules and regulations. Reach out to her at ed@slcgov.com.