The Town of Oakville has extended its commercial recovery patio program for public and private lands through to December 31, 2022. To participate in the 2022 program, an application must be submitted and an Encroachment Permit/Use Agreement issued.
These requirements and guidelines are subject to change at the Town of Oakville’s discretion. Permit holders will be required to abide by all Halton Public Health requirements.
Portable heaters
Portable heating devices will be permitted on outdoor patios, provided they meet the requirements, restrictions and guidelines as outlined below. Heating a covered structure, such as a tent, will require a review/inspection by the Oakville Fire department.
It is the owner’s responsibility to review and abide by the requirements and guidelines and ensure the safe installation, operation and maintenance of portable outdoor patio heating units. Follow all manufacturer guidelines for assembly, installation and maintenance of the appliance. Seek the assistance of a qualified professional if required.
For more information on patio heater safety, please review the TSSA Patio Heater Safety Guidelines.
- Certified by CSA/ULC
- Meet the requirements of TSSA Act 2000
- Have an anti-tilt feature that automatically shuts off the heater
- Be free-standing, with a minimum height of 160 centimetres
- Be designed for outdoor use only
- Must be installed on a non-combustible solid surface (i.e. not on grass or uneven sidewalk)
- Must be placed out of the wind, which can create a hazard if the unit is blown over
- Minimum of one metre (three feet) clearance from the base of the heating unit to any combustible materials
- The pedestrian clearway must be free of power cables and cords at all time
Portable heating appliances are not permitted in the following circumstances:
- In any enclosed or partially enclosed areas*
- Under fire escapes
- In or next to any exits
- Underneath a combustible structure (i.e. canopies, awnings, tents, wood framework, umbrellas etc.)*
- Beside or blocking firefighting equipment like fire hydrants or Siamese connections
- Near or attached to trees, utilities or other street elements
- Tabletop heating appliances are not permitted
* Heaters are not permitted in an enclosed or partially enclosed area or underneath a combustible structure without a review/inspection and approval by the Oakville Fire Department to ensure safety.
For the use of propane or other fire fueled heating appliance, the following specific safety guidelines apply:
- Do not store the unit indoors
- Keep a maximum of one (1) day’s supply of propane on site
- The maximum allowable propane tank size is a single 20 pound tank (approx. 10 hours operation)
- Do not move portable heater while the flame is open. Ensure the gas supply is properly shut off and the unit is cool before relocating.
- Follow all manufacturer safety requirements for the safe transportation, operation and storage of fuel
- Each propane tank used must meet the Canadian Propane Association requirements (pdf)
- Locate sufficient, easily accessible, fire extinguishers in the patio area
Tents and other structures
Permit holders wishing to use or install some form of covered structure, such as a tent, must consult with the Town of Oakville.
The Ontario Building Code, Div. C. 1.3.1.1.(5), requires building permit approval for all tents that:
- exceed 60 m2 (646 sq. ft.) in area, or
- are attached to a building, or
- are less than 3 metres (9-10') from other structures
Every tent application shall include a completed ministry prescribed application form with required schedules, payment of building permit fee (see Schedule ‘A’ of the Building Bylaw) and two copies of each of the following:
- A Site Plan indicating:
- The proposed tent(s) location relative to property lines, parking spaces and existing structures. No tent may be closer than 3 metres to any existing structure – OBC Div. B Article 3.14.1.4;
- The location of sanitary facilities for tents that exceed 225 m2 (2420 sq. ft.) or which contain bleachers or sidewalls. Sanitary facilities must be provided as specified in O.B.C. Div. B Article 3.14.1.8.
- A fully dimensioned Floor Plan layout showing the following:
- The seating arrangement and aisle width, if applicable.
- Identify the use of all areas within the tent.
- Indicate location and size of exits on perimeter of the tent.
- Indicate if the tent is enclosed with sidewalls.
- The Supporting Framing Structure and Anchorage System for a tent occupying an area greater than 225 m2 shall be designed and reviewed by a professional engineer as required by O.B.C. Div. C Sentence 1.2.1.1.(7).
- Where bleachers are provided in tents, they shall be designed in conformance with OBC Div. B Articles 3.3.2.8., 3.3.2.10. and Subsection 4.1.5. as required by O.B.C. Div. B Article 3.14.1.7. and stamped by a professional engineer.
- Fabric Documentation demonstrating that the materials and fabrics used in connection with the tent(s) shall be certified to CAN/ULC S-109 or NFPA 701 as required by O.B.C. Div. B Article 3.14.1.6.
- A Letter of Use detailing:
- Proposed event, time and date tent will be on site.
- Indicate how long the tent will be erect on site.
- Specify number of tents and maximum number of people who will be occupying each tent at one time.
For tents not pre-engineered, the following requirements also apply:
- General Review Commitment form to be completed and signed by a professional engineer.
- Designer Provincial Qualifications as listed below (except for Architects and Professional Engineers):
- For tents over 225 m2 (2420 sq. ft.) or with sidewalls or contain bleachers, but do not exceed 600m2 (6458.56 sq. ft.), Building Structural and Small Buildings qualifications are required.
- For tents over 600 m2 (6458.56 sq. ft.), Building Structural and Large Buildings qualifications are required.
Please note
- No cooking is permitted under any tent
- Access shall be provided to all tents for fire-fighting purposes
- Please refer to the Region of Halton's Health Department for special event permits
Should you have any questions, please contact a Building Services Representative at (905) 845-6601, ext. 7376
Scenario A: a tent is located more than three metres from a building and less than 30 m2 in size
The following are required:
- Tent material must satisfy fire safety NFPA705 requirements
- Tent must be provided with a portable fire extinguisher Type 2A10BC (dry chemical)
- Heaters must comply with the specifications in the heaters section above. It is recommended that you contact the Oakville Fire Department before purchasing or using any heater; a fire inspection will be conducted.
- Must comply with zoning regulations for the property such as minimum/maximum setbacks and heights
Scenario B: a tent is located more than three metres from a building and is between 30 and 6- square metres in size
All requirements listed in Scenario A apply as well as the following:
- The owner/operator will be required to demonstrate snow and wind load capacity as required by the Ontario Building Code
- Consult with Building Services staff on the OBC requirements
- Consult with the Oakville Fire department to discuss options to address snow load such as the manual removal of snow, heaters, etc.
Scenario C: a tent is located less than three metres from a building or is greater than 60 square metres in size
All requirement listed in both Scenario A and Scenario B apply as well as the following:
- A building permit is required
- In this situation, the manual removal of snow or use of heaters cannot be used to address snow load issues in accordance with the Ontario Building Code
Snow clearing
Patio enclosures can remain on municipal sidewalks with a 2 metre width and 2.4 metre height clearance provided for snow removal equipment in the shoulder seasons. Any encroachments on the pedestrian path of the sidewalk must be removed to allow for snow clearing. Permit holders will be responsible for keeping their patios accessible and clear of snow and ice.
Questions?
Should you have any questions specifically regarding proposed use of heaters and/or tents, please contact Service Oakville at 905-845-6601 or service@oakville.ca to direct your inquiry.