ADDENDUM 

 
AVL Shares Space​ Temporary Outdoor Expansion Program 
Winter Weather Addendum 
September 25, 2020 
 
This addendum serves as an update to the ​AVL Shares Space​ temporary outdoor expansion program 
that establishes guidelines and requirements for Asheville businesses and organizations to temporarily 
expand operations into parts of the 1) public sidewalk; 2) private parking lots, walkways and landscape 
areas; and 3) on-street parking space “parklets”, including those initiated through the ​Shared Streets 
program.  
 
Item #1 The ​AVL Shares Space​ temporary outdoor expansion program deadline of  
October 31, 2020 shall be extended until ​January 3, 2021​.​ All existing program 
requirements and guidelines will remain in place until this time or until the City ends or 
alters the program. Some adjustments and/or additional requirements will be rolled out 
separately for businesses participating on shared streets. Each initiative will be 
evaluated at the end of this term for renewal in Spring 2021. 
 
Item #2   Authorized program participants must continue to follow all State and County  
guidelines for health and occupancy while using temporary outdoor expansion space. 
Expanded outdoor space does not allow for increased occupancy.  
 
Item #3   Upon gaining City authorization, eligible businesses have been able to serve alcohol on  
their temporarily extended premises during Phase 2 of Governor Cooper’s easing of  
restrictions in accordance with the NC ABC Commission’s ​eligibility criteria​ and  
guidelines​. This temporary authorization to serve alcohol on extended premises 
currently remains in effect only during Phase 2 or until modified by the Governor.  
The City will provide updates to authorized businesses as applicable and will continue 
to align with State guidance.  
 
Item #4 In preparation for colder weather, the City will allow authorized program participants to  
amend their current authorization by registering their winterization plans, including 
equipment location and type, through the ​Development Portal​ beginning September 
30, 2020. Operation after October 31 and any winterization plans must adhere to all 
guidelines in this addendum to be eligible for re-authorization.  
   
City staff are available to answer questions and provide consultation related to winterization by calling 
828-259-5967 or emailing ​buildingsafety@ashevillenc.gov​.  
 
 

1 
  
Winterization Guidelines  
for A
​ VL Shares Space​ Programs 
 
OUTDOOR PROPANE HEATERS 
 

  Selection 
● Select equipment that is:
○ UL listed and approved (or listed with a similar ​qualified testing
laboratory​) and designed for outdoor use;
○ Fitted with a tip-over switch that automatically shuts off the flow of gas
if the heater is tilted more than 15 degrees to vertical; and
○ Does not create an unreasonable amount of noise.
● Propane forced air heaters, table top heating appliances and open flames
are ​not​ allowed.
● Do not​ permanently install equipment on public property.
● On private property, permanent outdoor gas heaters must be permitted,
professionally installed and inspected.

Operation
● Set up, operate and maintain per manufacturer’s specifications.
● Locate on a non-combustible solid surface (i.e. not on grass or uneven sidewalk).
● 3x5 Rule​: Maintain a minimum clearance of ​5​-feet from the heating element and:
1. The building, including overhangs and similar attachments;
2. Combustible materials; and
3. Exits and exit routes.
● Guard the heating element of a LP gas heater to prevent accidental contact
by persons or material.
● Not Allowed​:
○ Do not​ locate in the 6’ pedestrian passageway.
○ Do not​ use under tents, canopies, awnings, umbrellas or sunshades.
○ Do not​ operate above ground level.
○ Do not​ allow smoking in the unit’s vicinity.

Storage
● Storage of propane canisters:
○ Follow all manufacturer safety requirements for the safe
transportation, operation and storage of fuel.
○ Do not ​store indoors.
○ Do not​ store less than 10 feet away from building exits and openings.
○ Do not​ store in a location that is accessible to the public.

2 
 
OUTDOOR ELECTRIC HEATERS 
 

Includes portable electric heaters, forced air electric heaters and similar high-amperage 
heating equipment 
 
  Selection 
● Select equipment that is:
● UL listed and approved (or listed with a similar ​qualified testing
laboratory​) and designed for outdoor use;
● Fitted with a tip-over switch that shuts the unit off if it tilts over;
● Includes a thermostat and overheat protection; and
● Does not create an unreasonable amount of noise.
● Do not​ permanently install equipment on public property.
● On private property, permanent outdoor electric heaters must be permitted,
professionally installed and inspected.
 
  Operation 
● Set up, operate and maintain per manufacturer’s specifications.
● Operate only in locations for which model is listed.
● Guard against damage and overturning.
● Maintain a minimum clearance of ​3-feet ​from the heater and any combustible
material (or greater if required by the manufacturer).
● Only plug into:
● An approved outdoor GFCI electrical receptacle that is installed by a
NC licensed electrician; or
● A UL-listed power assembly box (“spider box”) plugged directly into an
approved outdoor GFCI electrical receptacle.
● Use commercial outdoor cable protectors when cords cross a sidewalk or
walking pathway to maintain safe pedestrian and ADA passage.
● Not allowed​:
● Do not​ locate in the 6’ pedestrian passageway.
● Do not ​plug into any extension cord (either commercial or residential).
● Do not​ plug into an indoor electrical receptacle.
● Do not ​block exit and exit routes.  
 
TENTS AND SHADE STRUCTURES 
● Apply for a ​Temporary Use permit​ to add sides to any tent, shade structure
or permanent patio in a parklet, private lot, shared street or private premises.

3 
 ● Do not use any portable outdoor gas heater under tents, canopies, awnings,
umbrellas or sunshades.
● Follow the guidelines above for using portable outdoor electric heaters under
tents, canopies, awnings, umbrellas and sunshades.
 
OUTDOOR LIGHTING 
 

Selection 
● The City recommends battery or solar-powered outdoor lighting.
● Select equipment that is:
● UL listed and labeled for outdoor use
● Low-level and downward directed.
● Do not​ install permanently on public property.
● On private property, permanent outdoor lighting must be permitted,
professionally installed and inspected.
 
Operation
● Do not​ plug into an indoor electrical receptacle.
● Only plug into:
● An approved outdoor GFCI electrical receptacle that is installed by a
NC licensed electrician; or
● A UL listed and approved outdoor use extension cord or power
assembly box (“spider box”) plugged directly into an approved outdoor
GFCI electrical receptacle.
● Use commercial outdoor cable protectors when cords cross a sidewalk or
walking pathway to maintain safe pedestrian and ADA passage.
● Do not​ hang:
● In trees on public property;
● On utility poles; or
● Above the public right of way outside of an authorized seating area.
● Subject to city removal or adjustment.
 
LEAF, SNOW, ICE AND DEBRIS REMOVAL 
 

● It is the responsibility of the property/business owner participating in this

program to​ r​ emove leaves, snow,​ ​ice and debris out of a temporary outdoor
space into an open parking space or roadway to allow street sweeping
machines and snow plows to remove.
● It is the responsibility of the property/business owner to provide adequate
trash receptacles for needs generated within the space and remove litter
from as-needed.
4 
RESOURCES 
 
Co-operate WNC is accepting orders for heaters that comply with the City of Asheville’s
winterization guidelines. Visit ​https://www.co-operatewnc.org/product-page/purchasingcoop​ to
place an order or view examples of compliant heating units.

Those purchasing heaters through Co-operate WNC for use in a temporary outdoor expansion
space must still submit an application through the ​Development Portal​ to e
​ xtend their current 
authorization to January 3, 2021.  
 
QUESTIONS & ANSWERS 
 
Who can I call with questions about the winterization guidelines? 
City staff are available to answer questions and provide consultation related to winterization by
calling 828-259-5967 or emailing ​buildingsafety@ashevillenc.gov​.

What is the cost for participating in this program? 

There is no cost for applying or receiving authorization to participate in the ​AVL Shares Space
temporary outdoor expansion program.

Fees for acquiring a Temporary Use permit related to tents and tent sides are currently waived
through the end of the year.
 
What is the process for extending my current authorization to January 3, 2021? 
 

Visit the ​Development Portal​ beginning September 30, 2020 to register your business or
organization’s winterization plan and extend your temporary outdoor expansion authorization
with applicable updates until January 3, 2021.

Click the link for the “Winter Reauthorization” to access the online application and complete all
fields. Use the upload buttons to attach updated versions of your 1) site plan; 2) updated
certificate of insurance; and 3) heating unit’s safety manual and technical specifications.

City staff will review your application for program compliance and email reauthorization approval
to you at the email provided in your application within 5 business days.
 
Do I need to submit a reauthorization application if I do not make any winter-weather changes to 
the temporary space I am currently authorized to use? 
 
No; your authorization will automatically extend to January 3, 2021 if you make no changes to 
the space related to winterization guidelines.  
 
 

5 
Where can I find a compliant heating unit?
 

Complaint heaters are available through many manufacturers, local stores and websites.
When selecting an outdoor commercial propane or electric heater it is important to review the
manufacturer’s technical specifications to ensure the unit complies with the ​winterization
guidelines​. You may need to follow up with the manufacturer directly to verify that the heating
unit will work for your space and intended use. If you still have questions, City staff is available
to answer questions by calling 828-259-5967 or emailing ​buildingsafety@ashevillenc.gov​.

Co-operate WNC is ​organizing​ a bulk order of commercial grade outdoor gas heaters for local
businesses and organizations. This is a pre-approved code compliant option.
 
How do I determine if a heating unit is compliant with these guidelines? 
 

Begin by reviewing the unit’s safety manual and technical specifications to determine whether
the unit is commercial grade, UL listed and approved (or listed with a similar ​qualified testing
laboratory​) and designed for outdoor use.

Then, review the manufacturers requirements for installing, operating and maintaining the unit
to ensure that it may be safely installed and operated in accordance with the winter guidelines.
Review voltage requirements to determine the unit’s energy needs. Note that some units
require mounting at a specific height or on a specific surface and/or require a specific electrical
receptacle or “hardwired” permanent installation that is not feasible in a temporary public
right-of-way space.

Finally, double check that the unit will not create an unreasonable amount of noise for the
location where it would be placed.  
 
Is there any circumstance in which my business can use a portable propane gas heater under a 
tent, canopy, awning or sunshade?
 

No; under North Carolina Fire Code portable propane gas heaters are not authorized for use
under any tent, canopy, awning or sunshade.

Can I use a tent or canopy in a temporary outdoor expansion space?

Authorized program participants may set up one commercial tent or canopy up to 400 sq ft with
no tent sides in a ​private parking lot​ provided that it meets all guideline requirements.

Authorized program participants must apply for a ​Temporary Use permit​ to set up any of the
following in a private parking lot, parklet and shared street space:
● More than one commercial-grade tent and canopy; and/or
● A tent or canopy larger than 400 sq ft; and/or
● A tent of any size with sides

6 
 Tents and canopies must meet all Temporary Use permit conditions for set-up and will undergo
inspection prior to permit approval.
 
Tents and canopies are not permitted in any circumstance on public sidewalks.

Can I add sides to a tent or canopy in an existing temporary outdoor expansion space? 
 

Yes; but you must apply for a ​Temporary Use permit​, even if your tent or canopy was included
in your previous temporary outdoor space authorization.

Patrons and staff utilizing enclosed patio or tent space should observe the 3Ws: ​wear​ a cloth
mask over your nose and mouth; ​wait​ 6 feet apart, and ​wash​ your hands or use hand sanitizer.
 
Can I enclose my pre-existing permanent patio space?  
Businesses must apply for a ​Temporary Use permit​ to add vinyl sides to a pre-existing
permanent patio space. If the business plans to use vinyl sides beyond the ​AVL Shares Space
program, the city will follow-up with necessary permit guidance.

Businesses must apply for a ​Commercial Building permit​ in order to undertake construction or
renovation related to building an enclosure on private commercial property.

Can I use electric heaters on the public sidewalk or in a parklet?

Yes; reauthorization allows for use of outdoor portable electric heaters in temporary outdoor
spaces provided that all guidelines are followed, including requirements for following all
manufacturer instructions, heater location, use of an approved outdoor GFCI electrical
receptacle or UL-listed power assembly box (“spider box”) that is plugged directly into an
approved outdoor GFCI electrical receptacle, and use of commercial outdoor cable protectors.
See the winterization guidelines for more information.

Can I use a ​propane​ forced air heater to heat a tent?

No; the North Carolina Fire Code does not allow for the use of propane forced air heaters with
any tent, canopy, awning or sunshade.

Can I use an e
​ lectric​ forced air heater to heat a tent? 
 

Yes; the North Carolina Fire Code allows for the use of electric forced air heaters to heat a tent
provided that it meets all winter guidelines (see above).

It is strongly recommended that a business contact the Building Safety Planner of the Day at
828-259-5967 or ​buildingsafety@ashevillenc.gov​ before purchasing a unit to ensure intended
placement and use is allowable. 

 
 

7 
Can I plug equipment into pre-existing electric receptacles on public property? 
 

No.
 
What are the steps for installing permanent outdoor patio heating on private commercial 
property?
Businesses and organizations must apply for a ​Commercial Building permit​ in order to install
permanent outdoor patio heating on private commercial property.

Permanent outdoor heating may not be installed on public property.

Can I put lights in trees or lamp posts on public property? 

 

No; businesses and organizations are not authorized to hang lights in trees or lamp posts on
public property. 

What should be included on the site plan I provide in my winter reauthorization application? 
 

The site plan should clearly indicate the location of temporary heaters, power cords/cable
protectors, outdoor GFCI power outlets, power assembly box, lighting equipment and
tents/canopies in the temporary outdoor space.

Include the dimensions of the space and distances between heating equipment and furniture,
and label the adjoining sidewalk, building facade, parking spaces, street trees, lamp posts,
outdoor furniture, buffers and ramps.
 

8