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New Legislation, Supported By Eric Adams, Would Allow Propane Heaters For Outdoor Dining - Gothamist

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Although the Adams administration is set to take over in January and could choose to prioritize the issue, Andrew Rigie, executive director of the NYC Hospitality Alliance, told Gothamist the city shouldn't wait until next year.

"This is very important because so many restaurants are struggling to recover, and it’s important for customers who may prefer eating outside with the rise of the new variant, or if they’re prohibited from indoor dining because they’re not vaccinated," he told us. "The de Blasio administration could certainly reinstate a temporary allowance of propane heaters or the Adams administration could prioritize the policy when he takes office next year, but that’s still a month away and they can lose a lot of business during what restaurants hope will be a busy holiday season."

As of now, the city isn't planning to shift its policy. They say the issue is that propane is just too much of a fire safety risk, with one mayoral aide noting that when ignited, a single twenty-pound container of propane is powerful enough to destroy a building (this happened in Flushing in 2009).

Tucker Perkins, president and CEO of the Propane Education and Research Council, said in a statement that some of this is "unfounded safety concerns," saying their group has not been "presented with any evidence of safety or health issues associated with using propane heaters in New York or elsewhere. We would welcome a conversation with city officials to address this concern."

However, the FDNY told Gothamist that though there were no injuries related to propane heaters last winter, there were 1,273 violation orders issued (much of which involved unlawful storage of propane); 70 FDNY summonses were issued for illegal storage of propane containers and failure to update site plans; and around 1,000 propane containers were removed from restaurant premises citywide. They say that altogether, only 38 restaurants actually obtained a Fire Department permit to use propane-fueled heaters last year. 

They add that in "some of the most egregious incidents, 20-pound containers of propane were found on roadways, concealed by planters and other objects designed to provide vehicle impact protection."

The city noted that it isn't planning to hand out any fines for businesses still using propane heaters until the new year; in the meantime, the FDNY will continue doing an educational campaign to make sure restaurants are aware of the new regulations.

“Outdoor dining has helped restaurants through existential challenges and made our city more vibrant," mayoral spokesperson Mitch Schwartz told Gothamist. "But making this program permanent means making it safe in the long term. The City will give restaurants all the tools they need to protect staff and diners while making a smooth transition away from propane.”

Also, the mayor has announced that the city will offer a $5,000 SBS reimbursement grant to any restaurant (whose revenue was under $1 million in 2019) that moves to electric or natural gas. They expect thousands will apply for the grants, and funds should start going out in January.

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