New York, NY Special Events & Permits: Outdoor Heater Rules (2026)
Key Facts
- Permit
- FDNY permit required, FC 105.6
- Building clearance
- At least 5 feet from any building
- Exit clearance
- At least 5 feet from exits
- Safety device
- Tilt switch shuts off gas past 15°
- Enforcing agency
- FDNY (Fire Department of New York)
Summary
Portable heaters warming seasonal patio dining, sidewalk cafes or outdoor event spaces need an FDNY fire permit, and natural gas heaters authorized for outdoor use must sit at least 5 feet from any building or structure under the Fire Code.
Heaters shall be located outdoors and at least 5 feet (1524 mm) from any building or structure.
Full Breakdown
New York City's Fire Code, Title 29 of the Administrative Code, treats portable fueled space heaters as permit-controlled equipment. FC 105.6 requires an FDNY permit to store, handle or use a portable fueled space heater run on combustible liquid, compressed or piped natural gas. Under FC 313.5.2, piped natural gas heaters are the fuel type authorized for outdoor use; once installed outdoors, FC 313.6.1 sets a hard 5-foot clearance from any building or structure, plus separate 5-foot clearances from combustible awnings and exits, a tilt switch that cuts gas flow past 15 degrees, and a guarded heating element.
Violations & Fines
Running a permit-required space heater without an FDNY permit, or placing an outdoor natural gas heater closer than 5 feet to a building, exit or combustible awning, is a Fire Code violation that can bring fines and on-the-spot confiscation of the equipment.
Frequently Asked Questions
Do I need a permit for an outdoor patio heater in NYC?
How close to a building can an outdoor heater sit?
Sources & Official References
Other rules in New York
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