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North Hempstead, NY Special Events & Permits: Outdoor Heater Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing codes
NYS Fire Code + Nassau Co. Fire Ordinance
Sign-off required
Nassau County Fire Marshal
Parking-lane heaters
propane heaters barred entirely
Tent/canopy duration cap
180 days per 12 months
Permitting agency
Building Department

Summary

Restaurants using propane or other outdoor heaters in North Hempstead's temporary outdoor dining program must comply with the New York State Fire Code and Nassau County Fire Ordinance, and must get the County Fire Marshal's sign-off before the Building Department will issue their permit.

Outdoor heaters. The use of liquefied petroleum gas (propane) or any other outdoor heating equipment, and the storage of liquid petroleum gas containers, shall be in compliance with the New York State Fire Code and the Nassau County Fire Ordinance. The New York State Fire Code and the Nassau County Fire Ordinance requirements related to temporary outdoor heating shall be set forth in the permit application provided by the Building Department. Proof of approval from the Nassau County Fire Marshal shall be provided to the Building Department prior to issuance of a permit under this section.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4892187; v82 updated 2026-04-21; through 04-21-2026).

Full Breakdown

1O, part of the Town's temporary expanded seating capacity program for restaurants and food service establishments, directly addresses outdoor heaters: use of liquefied petroleum gas or any other outdoor heating equipment, plus storage of the LP-gas containers themselves, must comply with the New York State Fire Code and the Nassau County Fire Ordinance. The Building Department folds those state and county fire-code requirements for temporary outdoor heating directly into its permit application, and an applicant cannot get the underlying seating permit until proof of approval from the Nassau County Fire Marshal is on file with the Building Department.

This heater rule sits alongside the section's other equipment controls: canopies and tents installed over the seating area separately need New York State Fire Code compliance and Fire Marshal sign-off, and cannot stand more than 180 days in any twelve-month period on one premises, while individual table umbrellas need only Fire Code compliance without the extra tent permit. 1K(2)(i), goes further and flatly bars any liquid petroleum gas heating device from being placed inside the roadway seating perimeter itself, even though heaters are otherwise allowed for sidewalk, courtyard, and parking-lot seating areas under Fire Marshal-approved conditions.

Violations & Fines

Operating an outdoor heater or storing LP-gas containers at a temporary dining area without the required Nassau County Fire Marshal approval on file violates § 70-103.1O and is enforceable by the Town of North Hempstead Building Commissioner, who can withhold or suspend the underlying seating permit until fire-code compliance is documented.

Frequently Asked Questions

Can a North Hempstead restaurant use propane heaters for outdoor dining?
Yes, on sidewalks, courtyards, and parking lots, but § 70-103.1O requires the heaters and LP-gas storage to comply with the New York State Fire Code and Nassau County Fire Ordinance, with proof of Fire Marshal approval filed before the Building Department issues the permit.
Are propane heaters allowed in a North Hempstead parking-lane dining setup?
No. Section 70-103.1K(2)(i) specifically prohibits any liquid petroleum gas heating device inside the outdoor parking lane seating perimeter, even though the same program allows Fire Marshal-approved heaters at sidewalk and courtyard seating.
Who approves outdoor heaters for North Hempstead restaurant seating?
The Nassau County Fire Marshal must approve the heating equipment under the New York State Fire Code and Nassau County Fire Ordinance, and that proof of approval must reach the Building Department before it issues the temporary seating permit.

Sources & Official References

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