New Jersey’s tent permit requirement could cost struggling restaurant owners thousands

TRENTON, N.J. – The Murphy Administration ruined many a struggling restaurant owners’ Thanksgivings with a costly new mandate; on November 25th, updated outdoor dining guidance was issued and owners were warned that “under N.J.A.C. 5:23-2.14(b)4, due to winter weather conditions, a UCC permit from the local construction office is required to maintain tents in use past November 30th.”

“In the interest of good business, municipalities are encouraged to waive permit fees for tents to remain in use past November 30, provided that the tents meet the snow bearing requirements,” the state Department of Community Affairs added.

The new rule also applies to “outdoor domes” of a certain size.

Unfortunately, some communities are reportedly ignoring the Uniform Construction Codes permit fee waiver recommendation. And then there’s the potential hidden cost: even without a local government fee, the expense required to hire an architect or engineer to draw plans for the permit application can sometimes total hundreds or even thousands of dollars particularly if municipal authorities demand changes.

New Jersey restaurants have been stuck at 25% indoor capacity for months, a situation which makes tent structures all the more critical to surviving the winter.

A recent Harvard survey discovered that 31% of New Jersey small businesses – including many restaurants – had closed their doors for good since the COVID-19 pandemic and corresponding restrictions began.

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