Temporary Patio Requirements
In response to the Province of Manitoba's Restoring Safe Services plan the City of Winnipeg is offering an expedited process to allow for restaurants and licensed manufacturers with tasting rooms (breweries, micro distilleries, etc.) to establish temporary patio spaces. The temporary patios must comply with the general safety requirements outlined in the Temporary Patio Registration Form, and will be allowed to operate without permit until Oct. 31, 2020 (summer patios) or Mar. 31, 2021 (winter patios) unless otherwise extended, if registered with or approved by the City. Please continue to check back for updates on operational dates for registered temporary patios.
Please Note: Approvals of summer operation of a temporary patio do not transfer forward and will expire on Oct. 31, 2020. Businesses will need to review the additional requirements for winter operation and submit a new registration to participate in the temporary patio program from Nov. 1, 2020 – Mar. 31, 2021. Winter patio applications can be submitted on or after Oct. 14, 2020. Applications received before Oct. 14 will not be processed. Temporary Patio Requirements are only in effect until Oct. 31, 2020 (summer patios) or Mar. 31, 2021 (winter patios), unless otherwise extended by the City as a result of the Province's plan. You will need to follow the established City of Winnipeg patio permit process when the temporary patio registration process is no longer in effect. To prepare for a smooth transition of the operation of your patio from being registered to being permitted, please submit your permit application as soon as possible to allow time for the required processing and approvals to be completed.
- Complete the Temporary Patio Registration Form
- Email the completed Registration Form to the Zoning & Permits Office at firstname.lastname@example.org
- Open your patio. If you intend to serve alcohol you must contact the Liquor, Gaming and Cannabis Authority prior to commencing service.
- If the patio is in the Public Right of Way, provide a Certificate of Insurance to the City of Winnipeg Risk Management Division within 5 business days of registration. Refer to the Registration Form Appendix for details.
- Complete the Temporary Patio Registration Form
- Prepare your supporting documentation for review and approval. Note that hand drawings where applicable are acceptable and an Engineer/Architect is not required. Refer to the Registration Form for document requirements.
- Email the completed Registration Form and supporting documentation to the Zoning & Permits Office at email@example.com
- Your application will be reviewed by a technical advisory committee and you will be contacted within 2 business days regarding the status of approval.
- Once approved, open your patio. If you intend to serve alcohol you must contact the Liquor, Gaming and Cannabis Authority prior to commencing service.
- If the patio is in the Public Right of Way, provide a Certificate of Insurance to the City of Winnipeg Risk Management Division within 5 business days of approval. Refer to the Registration Form Appendix for details.
All temporary patios must comply with the following general safety guidelines, which can also be found on the Temporary Patio Registration Form:
General Safety Requirements:
- Patio must be open air - no tents/structures/canopies (unless a tent is otherwise reviewed and approved under the temporary winter patio program).
- Patios with 60 persons or less shall be provided with one or more means of egress (minimum of one – 3'- 0" (900mm) opening or swing gate).
- Patios with greater than 60 persons, shall provide two remote means of egress (minimum of two – 3'-0" (900mm) openings or swing gates that open out from the patio).
- A fence surrounding the patio is required if alcohol is being served.
- Fences must be secured without damaging or drilling into the sidewalk, roadway or curb.
- Patio umbrellas, planter boxes, signs, sandwich boards, etc. must not overhang or extend beyond the fenced area.
- A clear path of pedestrian travel of 5'-0" (1.5 m) min. must be maintained on the sidewalk. Note that winterized patios require larger clearances for snow clearing. Refer to winter patio safety requirements for details.
- Patio must be 19'-8" (6 m) back from a bus stop if any.
- Patio must not extend in front of adjacent tenant spaces.
- There must be access to a fire extinguisher inside or outside the building, and 3'-3" (1 m) clearance for the fire department connection.
- The organization of tables, seating and access must accommodate a wheelchair.
- Fence and all furniture within the patio must be equal to or less than 3'-3" (1 m) in height
- Business name and logo may appear on fencing, but other banners and signs are generally prohibited.
- The size of patio should be limited as necessary to minimize disturbance where there are nearby residential dwellings. Patio service shall be stopped by 11:00 pm unless otherwise extended by the City, and sound levels are not to exceed 60d Ba.
- All cooking must take place inside within the licensed area.
- No open-air fires (bonfires, no solid fuel permitted) allowed within the patio, however enclosed gas radiant heaters can be used as per manufacturer's instructions. Note that winterized patios provide additional heating options. Refer to winter safety requirements for further details.
- The patio area shall be set back from the face of the curb by a minimum of 1'-8" (0.5m). Note that additional heating options are available for winterized patios. Refer to winter patio safety requirements for details.
- In an emergency maintenance/repair situation the patio elements will be removed by others to allow for the maintenance/repair activities. In a non-emergency maintenance/repair situation notice will be provided to the applicant to have the patio elements removed to allow for the maintenance/repair activities.
Additional General Safety Requirements for Patios in the Right of Way:
- Patios are not permitted on two-lane roads.
- Patios in the curb lane are only permitted in locations where parking is allowed at all times of day. Locations like Portage Avenue where parking is prohibited during peak periods are not permitted.
- Patios cannot encroach into existing loading zones.
- Patios cannot be located on streets with a speed limit over 50 km/h.
- Patios cannot be within 29'-7" (9m) upstream of stop signs, traffic signals.
- Patios cannot be within 9'-10" (3m) of an intersection.
- A post with a hazard marker sign must be added to the outside corner of the patio facing oncoming traffic. The hazard marker sign (reference WA-36R from the Manual of Uniform Traffic Control Devices for Canada) should face traffic approaching the patio and be located on the post such that the bottom edge of the sign is no more than 3'-3" (1.0 m) above the boardwalk.
- The side of the patio adjacent to traffic must end a minimum 3'-3" (1.0m) from the edge of the adjacent travel lane.
- That the top of the patio be level with the top of the curb where pedestrians cross back and forth from the patio to the sidewalk/boulevard.
- A fence with a height equal to 3'-3" (1.0m) must separate the patio from the roadway.
General Winter Safety Requirements:
- Propane or electric heaters are acceptable. If using propane in a tent, additional safety requirements apply. Refer to the additional winter safety requirements for temporary patio tents for details.
- Propane shall be stored outdoors at all times. Contact Fire Prevention at 204-986-8200 for further details.
- If using electric heat, the heater should be used as per manufacturer's instructions and maintained in an area one meter from combustible material. Electric heaters should not present a trip hazard and should be plugged directly into the source or into an extension cord that is rated for the appliance and approved by ULC or CSA.
- Electrical cables on the ground shall be placed in trenches or protected by covers to prevent damage by traffic.
- Heaters must be placed 5'-0" (1.524 m) from any combustible material.
- Shelter material must meet CAN / ULC-S109 or NFPA 701 standards for flame spread ratings.
- Shelter material must be transparent/translucent.
- Business name and logo may appear on shelter material, but other banners and signs are generally prohibited.
- Winter patios must be a minimum of 4'-3" (1.3 m) to approaches to allow for snow clearing.
- A clear path of pedestrian travel of 7'-2" (2.2 m) min. must be maintained on the sidewalk for snow clearing.
- The patio area shall be set back from the face of the curb by a minimum of 4'-11" (1.5m) for storage of snow.
- Building owner must remove snow from around the patio perimeter.
- Building owner must maintain a safe walking surface free of snow by mechanical removal and use of abrasives.
- Building owner is responsible for the removal of windrows at patio entrances and exits resulting from sidewalk snow clearing by the City.
- Wind barriers must be equal to or less than 6'-0" (1.8 m) in height.
- Awnings must be a minimum height of (2.5 m - 98.5") above the ground.
- Building owner must regularly inspect and remove accumulated snow from awnings or overhead tent surfaces to prevent stress on the structure.
- According to Manitoba Health, the construction of any tent or other structure (such as an awning/wind barrier) would be considered an enclosed public space or indoor workplace if more than 25% of its total floor area is covered from above by a roof canopy or other physical barrier that is capable of excluding rain; and more than 50% of its perimeter is more than 50% enclosed. For more information on what constitutes an enclosed public space please refer to the Non-Smokers Health Protection and Vapour Products Act: (C.C.S.M. c. N92) Sect 4(1) –(5) web2.gov.mb.ca/laws/regs/current/_pdf-regs.php?reg=174/2004
Additional Winter Safety Requirements for Temporary Patio Tents:
- Tents must be 900 sq. ft. or less. Tents greater than 900 sq. ft. must apply for a special event permit by completing the commercial alterations design summary application form.
- Radiant heaters cannot be used inside of tents.
- If using propane heat in a tent, the tank and heater must be located outside of the tent, with heat pumped into the tent and products of combustion released outside. No kerosene heaters within a tent.
- Tents shall have one (1) side open or shall be provided with at least one (1) exit. Note: Tents with an occupant load of more than 60 persons shall be provided with two (2) exits that swing out. Exits cannot swing into the right of way.
- Minimum size of an exit shall be 2 ft. 8 in. x 6 ft. 8 in. (810 mm x 2030 mm). Note: The total required width of exits shall be based on 6.1 mm/person.
- Where more than one (1) exit is required, exits shall be placed remotely and separated by a distance of not less than one- half the diagonal dimension of the floor area.
- If the occupant load of the tent exceeds 60 persons and the tent is illuminated by electric lighting, then emergency lighting must be provided for the main exit routes and aisleways.
- If the occupancy load of the tent exceeds 60 persons or if the lighting levels are below that which would provide easy identification of the exits, then exit signs must be provided over all exit doors. The exit signs must be illuminated continuously while the tent is occupied. Exit sign illumination may be from either inside or outside of the sign.
- Tents shall not be erected closer than 10 feet (3 m) to other structures on the same property.
- The ground enclosed by a tent for not less than 10 ft. (3 m) outside of such structure shall be cleared of all flammable materials that will carry fire.
- Electrical cables on the ground, in areas used by the public in a tent, shall be placed in trenches or protected by covers to prevent damage by traffic.
- Each tent shall be provided with a minimum of one - Type 2A10 BC (Dry Chemical) extinguisher.
You are not required to request an Occupancy Permit; however, you are required to comply with the Provincial social distancing guidelines.
If you require an Occupancy Permit to obtain a Liquor License, the Liquor, Gaming and Cannabis Authority of Manitoba will be notified of the registration of your patio in lieu of an Occupancy Permit.
We're here to help. Please contact the Zoning & Permits Office if you have any questions.
- Email: firstname.lastname@example.org
- Phone: 204-986-5143
- Business Hours: 8:30 a.m. - 4:30 p.m., Monday to Friday