Join Club

Fire Code Hampering Winterizing Process for Local Restaurants

As the November chill setting in, Arlington County restaurants are taking steps to keep guests cozy as they eat at impromptu patios.

Outdoor dining continues to be an option for restaurants that want to seat more customers while keeping indoor occupancy low. But some Arlington restaurant owners are facing hurdles outfitting their space with heaters and extra seating while meeting local and state laws.

So far, the County has approved 21 requests for propane heaters. But some restaurants, including Medium Rare in Virginia Square, do not have enough outdoor space to keep their guests warm while meeting state fire codes.

Medium Rare’s owner, Mark Bucher, said he and other Arlington restaurant owners are being forced to choose among three bad options: close the outdoor seating space, spend thousands of dollars on electric heating, or break the law and put up propane heaters anyway.

Bucher, who has been organizing large-scale free meal deliveries during the pandemic, has started asking the County to cut the red tape that he says is making it harder to expand patio seating and subsequently, set up heaters.

“Arlington, which is normally the most business-friendly jurisdiction in the area, has been the worst on this,” said Bucher, who also operates in Bethesda and D.C. “There has been no proactive outreach.”

Arlington County spokeswoman Erika Moore said the County is taking steps to help businesses transition to winter.

“The Arlington County Fire Prevention Office is working hard to ensure businesses can remain open and operating as we move to colder weather,” she said in an email.

Part of the space issue stems back to the summer, when some Arlingtonians wanted to see streets closed so tables and chairs could spill into the street. But this never happened, due to a lack of resources and manpower, county officials said in October. A number of temporary outdoor seating areas were approved, and in some cases street parking spaces were used to help accommodate them, but bolder action was not taken.

Neighboring Fairfax County, meanwhile voted last month to relax regulations around tents and heaters.

With winter near, restaurant owners in Arlington do not just need space for outdoor seating, Bucher said, they need space to install heaters according to code. Propane heaters, for example, have to be five feet from buildings and exits, and cannot be under tents or canopies.

There’s a permit process that must be followed, which involves submitting a permit for heaters and possibly re-submitting a permit to change a restaurant’s set-up for outdoor seating. That all takes time, and restaurants are running out of time.

Out of desperation, in areas where seating is limited to sidewalks, some restaurants are putting up heaters anyway.

“People are doing it, but technically, you’re not allowed to have one,” Bucher said.

He said he tried to install a silent, diesel-powered, zero-emission heater at the Arlington Medium Rare, but was informed that also did not meet code.

Bucher said the problem is “an old fire code that is antiquated,” as well as overzealous enforcement.

“No one has said, ‘We’re going to hold off on this so that restaurants can have seating,'” he said.

Moore said Arlington County has helped create more seating for restaurant, approving 92 temporary outdoor seating areas that added more than 900 temporary outdoor tables countywide.

“Some of these have involved temporarily repurposing portions of public rights of way to increase space for restaurant seating, including in the Shirlington and Clarendon neighborhoods,” she said.

The County also has published a guide for transitioning to winter that addresses the commercial use of tents and heaters and recommends blankets, hand-warmers, cozy food and drinks and prix fixe menus. But even the warmest of drinks is unlikely to do much to boost business during the coldest of winter nights.

Bucher said Arlington should look to D.C. and Montgomery County, which are issuing grants specifically for restaurants to winterize, and have taken steps to close parts of streets for extra seating.

In D.C., 428 restaurants have received $2.6 million in funds to winterize, DCist reports, and the government still has $1.4 million to distribute. Restaurants in Montgomery County can apply for grants worth up to $10,000.

This summer, the County did award $2.8 million to nearly 400 small businesses through the Small Business Emergency GRANT Program, which “helped small businesses, including restaurants, transition as needed to operate during COVID,” Moore said.

To create more space D.C. shut down metered parking to create “streateries” in some areas, Bucher said. In Arlington, the process to expand patio seating is still beset with applications and fees, despite the extraordinary times, he added.

“I have to pay fees in a pandemic?” he asked.

Recent Stories

Good Monday evening, Arlington. Let’s take a look back at today’s stories and a look forward to tomorrow’s event calendar. 🕗 News recap The following articles were published earlier today…

An 18-year-old Arlington woman is facing a litany of charges after an reported bike theft led to violence. The incident happened Sunday evening near the intersection of S. Walter Reed…

What do I do if school doesn’t fit my kid? That’s the question that so many of the parents and families ask when they’re looking at small independent schools like…

There is a new play area for kids inside Ballston Quarter with plenty of pint-sized attractions. Located on the first floor of the mall, near the about-to-close Macy’s, Junior Playland…

Well-Paid Maids recently unveiled a new scheduling system.

That means it’s easier than ever to book your professional home cleaning with the only certified living-wage home cleaning service in the D.C. area.

Here’s what to expect when you book your cleaning:

  1. Select your location.

  2. Choose your service (i.e. 1 BD/1BA). (This is also where you’ll see the rate.)

  3. Pick your cleaner. (If you don’t have a preference, opt for “any available.”)

  4. Schedule a date and time. You can also set up recurring cleanings and get a discount!

  5. Enter your information and reserve.

Read More

Submit your own Announcement here.

Are you facing life’s challenges, feeling overwhelmed, or seeking personal growth? Embrace the path to emotional well-being with our expert psychotherapy services!

Why Choose Us?

Our team of compassionate and experienced psychotherapists is here to guide you on your journey to inner peace, self-discovery, and positive change. We provide a safe and supportive environment where you can explore your thoughts and feelings without judgment.

What We Offer:
✔️ Individual Therapy
✔️ Couples Counseling
✔️ Anxiety & Stress Management
✔️ Depression Treatment
✔️ Trauma Healing
✔️ Self-Esteem Building
✔️ Life Transitions Support
✔️ And Much More!

Read More

Submit your own Announcement here.

Portofino Italian Wine Dinner, April 6, 6:30pm

Four course Italian dinner, paired with 2 wines each. The wines will be served “blind” and notes on each wine will be discussed. The event is coordinated with Elite Wine Importers and The Portofino Restaurant. The dinner is on Saturday,

×

Subscribe to our mailing list