Restaurant Temporary Outdoor Seating

On April 1, 2022, Governor Charlie Baker signed into law an act extending provisions for temporary outdoor seating until April 1, 2023.  04-01-2022 ABCC Advisory-Re Extension of Patios and Take-Away Alcohol

Please carefully review the Town requirements listed below. A link to an on-line application form can be found under the “How to Proceed” section below the Town requirements.

Town Requirements:

Site plan: Please submit a site plan showing location of outdoor seating area and any tent(s) relative to buildings and parking, tables and seating, fencing and barriers, hand sanitizing stations, and worker’s sanitizing stations. Hand drawn plans are acceptable, but all distances must be indicated on plan.

Permission of Property Owner: Please provide signed approval of the property owner to add proposed outdoor seating.

Tents: If installing a tent, a joint Tent Permit must be obtained from the Building Department and Fire Prevention Department. 

  • A certificate of flame resistance must be submitted and approved
  • All tents must comply with 780 CMR sections 108, 34, 10 and chapter 24 of the International Fire Code (Tent rental companies should be familiar with codes.)
  • Tents must have an approved fire extinguisher on site
  • Exit signage and lighting may be required
  • Portable heaters must be inspected and approved, and carbon monoxide detectors may be required
  • Tents must either be removed during snow season or a snow and ice plan must be approved by the Building and Fire Departments

Fencing / Barriers: All outdoor eating areas must be encompassed by fencing/barriers. Areas in parking lots must have barriers that can resist the impact of a motor vehicle. Must provide description of all fencing/barriers.

Signage: Non-illuminated signs may be attached to tent or fencing / barriers.

Clear Access: Fire lanes, exits, hydrants, fire department connections, and other features of fire protection must be kept clear.

ADA Compliance: All areas shall comply with ADA. Any seating located on a public sidewalk or walkway must maintain 3 feet of clear access. Pedestrian access to and from tents or seating areas must have clearly designated access ways.

Overhead Cover: All areas where food will be present must be under cover (tent, umbrella, building overhang etc.) Food traveling between covered areas must be covered.

Tables and Chairs: No tablecloths may be used, and tables must be washable. Please submit photo of proposed tables and chairs.

Hand Sanitizing Stations: Hand sanitizing stations shall be at all entrances/exits and periodically maintained and stocked.

Workers’ Sanitizing Station: A workers’ sanitizing station (containing all of the elements of the currently required indoor station) with the addition of disposable gloves and masks must be present in the outdoor seating area.

Trash Barrels: Covered trash barrels are required in outdoor seating area.

Alcohol Monitoring: Restaurants serving alcohol must properly monitor all entrance and exit points. There must be a clear view of the outdoor seating area from inside the premises, or, alternatively, management personnel must be dedicated to the area.

Insurance: If seating is in the public way, a certificate of liability insurance naming the Town of Chelmsford as an additional insured is required. 

Hours of Operation: All temporary outdoor seating areas must be closed by 10:00 PM unless later hours are approved in advance by the Select Board.

Entertainment: No live entertainment will be allowed in temporary seating areas unless approved by the Select Board.

Inspection: All temporary outdoor seating spaces shall be inspected by the Town’s outdoor inspection team prior to occupancy.

Duration: Approvals for temporary outdoor seating areas and related tent permits will expire on April 1, 2022.

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HOW TO PROCEED

Apply On-Line: After carefully reviewing the Town requirements, please click here to apply on-line for temporary outdoor seating. http://www.chelmsfordma.gov/FormCenter/Manager-11/Temporary-Outdoor-Seating-Application-141

Receive Initial Approval: Once your online application has been approved, you will be notified that you may begin installation of the proposed outdoor seating area in accordance with the approved or amended application materials.

Inspection: Once installation is complete, contact Kristina Bruce at 978-250-5289 or kbruce@chelmsfordma.gov to request inspection.

Final Approval and Occupancy: Upon successful inspection(s), a certificate of occupancy will be issued for the new area, and an amended Common Victualer or Alcohol License will be issued.

Please contact the Town with any questions.

Town Manager / Select Board Office:
Kristina Bruce
(978) 250-5289
kbruce@chelmsfordma.gov

Building Department:
Jose Negron
(978)250-5225
jnegron@chelmsfordma.gov

Health Department:
Mark Masiello
(978) 250-5200 ext.3330
mmasiello@chelmsfordma.gov

              or

Donna Greenwood
(978) 250-5200 ext.3325
dgreenwood@chelmsfordma.gov

Fire Prevention Office:
(978) 251-4288
fireprevention@chelmsfordma.gov

Police Department:
Lt. Jason Poor
(978) 256-2521 ext.111
jpoor@chelmsfordma.gov

Community Development:
Evan Belansky
(978) 250-5231
ebelansky@chelmsfordma.gov