New York City created the Open Restaurants Program to support the restaurant industry as it recovers, but the safety of diners, restaurant employees, and other street users is paramount. Based on initial observations NYC DOT is providing additional, clarifying requirements for roadway locations, which are critical to public safety. Additionally, these dining options must be accessible to all New Yorkers as required by the Americans with Disabilities Act (ADA). Restaurant owners must IMMEDIATELY comply with the following requirements for roadway seating, including the new retro-reflectivity requirement and other clarifications, OR FACE REVOCATION OF PERMISSION TO PARTICIPATE IN THE PROGRAM.

 Effective immediately, restaurant owners must:

• Create a protective barrier, such as planters or objects of similar size and weight, on all three sides of the seating perimeter that are in the roadway, to separate seating from the travel lane. Such barriers must be at least 18” in width and 30-36” in height (excluding plantings) on all three sides that are in the roadway, to preserve visibility for motorists and provide protection for patrons (see Siting Criteria diagram)
• Place such barriers no more than 8’ from the curb (see Siting Criteria diagram)
• Ensure visibility of patrons and barriers at night by clearly marking all barriers with yellow high intensity retro-reflective tape or reflectors (see Siting Criteria diagram)
• Provide a ramp for ADA compliance, which can be made of non-permanent materials
• Not place seating or barriers within 15’ of a fire hydrant. Doing so jeopardizes fire safety for your fellow New Yorkers.
• Not place seating or barriers within 8’ of a crosswalk, to provide for safe vehicle turns and avoid crowding.
• Not provide any lighting that is blinding to passing traffic
• Not place seating within a No Stopping Anytime or No Standing Anytime zone, bike lane, bus lane/stop, taxi stand, or Car Share space

[Exception: For part-time No Stopping or No Standing zones, seating may be placed when those rules are not in effect. Barriers and seating must be removed from the roadway when No Stopping or No Standing is in effect.]

• Only utilize umbrellas with a weighted base and such umbrellas may not extend past the barrier or obstruct access to or ventilation of utility covers
• Not run power cords or other items across the sidewalk to the roadway seating
• Remove tables and chairs or secure them in place when not in operation
• Comply with NYC Fire Department Open Flame and other applicable Fire Codes

 Restaurant owners may:

• Leave barriers in place within a metered zone, alternate side parking, or No Parking Anytime zone, provided that that tables and chairs are removed or secured when not in operation
• Where seating is authorized along a curb, install a platform behind the required barrier to flush height with curb to facilitate ADA compliance, prevent the curb from becoming a tripping hazard, and allow drainage to underpass seating

• • Such platforms shall not block rain water drainage getting to the curb or flowing along the curb
  • Such platforms shall not obstruct access to or ventilation of utility covers.