DOI File # WP-009-11 (Rev. 2012) Covered Outdoor Space Adjacent to Restaurant or Bar Page 1 of 16

NCDOI OSFM Evaluation Services

Scope of DOI White Paper: The Purpose of this document is to provide clarification on North Carolina

State Code requirements to Code Officials (CEO) who are agents for the Authority Having Jurisdiction

(AHJ).

DOI File Number: WP-009-11

Edition Date: May 10, 2011

Revision Date: September 21, 2012

Subject of White Paper: Code Considerations for Constructing a Covered Outdoor

Space Adjacent to an Existing Restaurant, Bar or Nightclub

TABLE OF CONTENTS:

1.0 INTENT………………………………………………………………………………………....2

2.0 NORTH CAROLINA CODE REFERENCES…………………………………………………3

3.0 CODE DEFINITIONS………………………………………………………………………….3

4.0 CODE CONSIDERATIONS……………………………………………………………………4

5.0 INFORMATION REQUIRED FOR PROJECT REVIEW BEFORE ISSUING PERMIT……5

Occupancy Classification…………………………………...…………………………………5 A.

Occupant Load………………………………………………………………………………...6 B.

Construction Type……………………………………………………………………………..8 C.

Area and Height………………………………………………………………………………..9 D.

Building Aggregate Area, Stories or Height Exceeds NCBC Table 503……………………..10 E.

Non-Separated” or “Separated” Occupancies in a Mixed Occupancy………………………..10 F.

Fire Suppression System Considerations….…………………………………………………..12 G.

Plumbing Fixtures……………………………………………………………………………..13 H.

Energy Requirements………………………………………………………………………….14 I.

Pliable Light Transmitting or Fabric Curtain System for Weather Protection……….………15 J.

Guard Rails……………………………………………………………………………………15 K.

Structural Requirements………………………………………………………………………15 L.

Accessibility Requirements.......................................................................................................15 M.

Maintaining Means of Egress in Existing Building During Construction................................15 N.

6.0 REFERENCES…………………………………………………………………………………16

7.0 PHOTO RESOURCES…………………………………………………………………………16

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1.0 INTENT

This Document addresses 2012 North A.

Carolina State Building Codes

(NCSBC) requirements where a

permanent or a seasonal roof structure

will be constructed over an outdoor

space (for example, a patio, deck,

balcony, etc.) that is adjacent and

physically attached to an existing

building. The commercial establishment

in the existing building is primarily

intended for the consumption of food

and/or alcoholic beverages and the new

covered outdoor space will serve the

same function. The structural framing

over the outdoor space may support a

solid covering (i.e., metal, shingles,

fabrics, light transmitting plastic panels,

flexible coverings like canvas, etc.-

Figures 1 & 2) or a semi-solid/opened

covering (i.e., structural framing

supporting lattice work, grating/trellis,

etc.- Figure 3).

These establishment types include, but B.

are not limited to, banquet halls,

nightclubs, restaurants, taverns and/or

bars and are usually classified by

occupancy in the NCBC as either a

Business (Group B) or an Assembly

(Group A-2), depending on their

calculated aggregate design occupant

load.

The establishment may be located in a C.

single occupancy use building or may

be a tenant space in a multi-tenant

building with multiple non-separated or

separated occupancy uses. This

document assumes that the new covered

outdoor space is located on the level of

exit discharge and is not separated from

the existing building by a fire wall

(NCBC-706).

This document is not applicable to D.

awnings and canopies as addressed in

Section 3105 of the North Carolina

Building (NCBC).

Figure 1 - Retractable light transmitting fiberglass

enclosure supported by aluminum frame.

Figure 2 - Plastic enclosure supported by steel

frame.

Figure 1 – Wood lattice supported by wood structural

frame.

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NORTH CAROLINA CODE REFERENCES* 2.0

North Carolina Building Code (NCBC) A.

North Carolina Fire Prevention Code (NCFPC) B.

North Carolina Energy Code (NCEC) C.

North Carolina Plumbing Code (NCPC) D.

* Unless specifically noted otherwise, all code references are the 2012 edition

CODE DEFINITIONS 3.0

Assembly Group A-2 Occupancies (NCBC-Section 303): Assembly uses intended for food A.

and/or drink consumption including, but not limited to (1) banquet halls, (2) night clubs, (3)

restaurants and (4) taverns and bars. Note that Exception # 1 under Section 303.1 states that

“A building or tenant space used for assembly purposes with an occupant load of less than 50

persons shall be classified as Group B occupancy.” (See 5.0-A of this document for additional

information on occupancy classification and 5.0-B on calculating the design occupant load).

Business Group B Occupancies (NCBC-Section 304): Business Group B occupancies include, B.

among others, the use of a building or structure, or a portion thereof, for office, professional

or service-type transactions, including storage of records and accounts. NCBC-304.1 lists

examples of business occupancies.

AREA, BUILDING (NCBC-Section 502): The area included within surrounding exterior C.

walls (or exterior walls and fire walls) exclusive of vent shafts and courts. Areas of the

building not provided with surrounding walls shall be included in the building area if such

areas are included within the horizontal projection of the roof or floor above.

FIRE SEPARATION DISTANCE (NCBC-Section 702): The distance measured from the D.

building face to one of the following: (1) the closest interior lot line; (2) to the centerline of a

street, an alley or public way; or (3) to an imaginary line between two buildings on the

property. The distance shall be measured at right angles from the face of the wall. Refer to

NCBC-Table 602 for fire-resistance rating requirements for exterior walls based on fire

separation distance.

FIRE AREA (NCBC-Section 902): The aggregate floor area enclosed and bounded by fire E.

walls, fire barriers, exterior walls, or horizontal assemblies of a building. Areas of the

building not provided with surrounding walls shall be included in the fire area if such areas

are included within the horizontal projections of the roof or floor next above.

FIRE BARRIER (NCBC-Section 702): A fire-resistant-rated wall assembly of materials F.

designed to restrict the spread of fire in which continuity is maintained. Fire barrier

requirements are addressed in NCBC-Section 707. Note that a fire barrier provides a higher

degree of protection than a fire partition (NCBC-Section 709), but lacks the inherent structural

integrity of a fire wall (NCBC-Section 706). Fire barrier assemblies must be continuous from

the top of a fire-resistance-rated floor/ceiling assembly to the underside of the floor or roof

slab or deck above. The barrier must be constructed tight and securely attached to the

underside of the floor slab or roof deck.

FIRE PARTITION (NCBC-Section 702): A vertical assembly of materials designed to restrict G.

the spread of fire in which openings are protected. Fire partition requirements are addressed in

NCBC-Section 709.

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Figure 4-After the construction of a covered outdoor space

(beyond), existing exit(s) shall continue to be code

compliant.

FIRE WALL (NCBC-Section 702): A fire-resistant-rated wall having protected openings, H.

which resist the spread of fire and extends continuously from the foundation to or through the

roof, with sufficient structural stability under fire conditions to allow collapse of construction

on either side without collapse of the wall. Fire wall requirements are addressed in NCBC-

Section 706).

FLOOR AREA, GROSS (NCBC-Section 1002): The floor area within the inside perimeter of I.

the exterior walls of the building under consideration, exclusive of vent shafts and courts,

without deduction for corridors, stairways, closets, the thickness of interior walls, columns or

other features. The floor area of a building, or portion thereof, not provided with surrounding

exterior walls shall be the usable area under the horizontal projection of the roof or floor

above. The gross floor area shall not include shafts with no openings or interior courts.

FLOOR AREA, NET (NCBC-Section 1002): The actual occupied area not including J.

unoccupied accessory areas such as corridors, stairways, toilet rooms, mechanical rooms and

closets.

HORIZONTAL ASSEMBLY (NCBC-Section 702): A fire-resistant-rated floor or roof K.

assembly of materials designed to restrict the spread of fire in which continuity is maintained.

Horizontal assembly requirements are addressed in NCBC-Section 712.

CODE CONSIDERATIONS 4.0

For purposes of this document, it is assumed A.

that the existing building complied with all

N.C. State Building Codes in effect at the time

the structure was permitted by the Authority

Having Jurisdiction (AHJ). However, the CEO

needs to confirm that any elements of the

existing building, which may be affected by

the addition of a covered outdoor space, will

continue to comply with code. These elements

include consistent construction type, exiting,

and/or other code items that may also have

been altered after the original Certificate of

Occupancy was issued for the existing

building. For these reasons, it is recommended

that an Appendix B (Building Code Summary

for All Commercial Buildings), with

information on the construction of the

proposed covered outdoor space, also include

information on the existing building on which

the covered outdoor space will be attached.

(Figure 4).

As a resource, hard copies of former North B.

Carolina Code editions are available for use at the DOI-OSFM Engineering Office, located on

the second floor at 322 Chapanoke Road, Raleigh, NC 27603. Some former Codes can also be

found on the DOI-OSFM web site under “STATE BUILDING CODES” at the following link:

http://www.ncdoi.com/OSFM/Engineering/engineering_home.asp

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Note to Fire Inspectors - It is not C.uncommon for a covered outdoor

space addition to have been

constructed without a required permit

or altered after the original Certificate

of Occupancy was issued. It is

incumbent upon the Fire Inspector to

not assume that the type of

construction and means of egress

condition(s), etc., as currently exist, are

code compliant. (Figure 5).

INFORMATION REQUIRED FOR 5.0

PROJECT REVIEW BEFORE

ISSUING A PERMIT - The CEO’s

review of the submittal requires basic

project information for both the existing

building as well as the addition of the

proposed covered outdoor space. The following data should be addressed on Appendix B and

included as a part of the submittal package:

Occupancy Classification of the Existing Building and the Covered Addition - Determining A.

the occupancy classification, or classifications, of an existing building and the proposed

addition is essential to the correct application of subsequent requirements found throughout

the North Carolina State Building Codes. Use and Occupancy Classifications are addressed in

Chapter 3 of the NCBC. 5.0-B of this document addresses how to calculate the design

occupant load for a covered outdoor addition to an existing building.

1. A single use building has one occupancy group classification. For the purpose of this

White Paper, a restaurant, bar, tavern and/or nightclub are classified by use as either

Assembly-Group A-2 or Business-Group B, based on the calculated design occupant load.

An existing establishment, including a covered outdoor addition, is classified by

occupancy use as Assembly-Group A-2 with a calculated design occupant load of more

than 50 persons. Conversely, an existing establishment, including a covered outdoor

addition, is classified by occupancy use as Business-Group B with a calculated design

occupant load of less than 50 persons

per Exception # 1 under NCBC-

Section 303.1.

2. A multiple tenant building may have

one occupancy classification (for

example, all office tenants-Group B)

or may have more than one

occupancy group use and is

identified by the NCBC as “mixed

occupancy”, per NCBC-Section 508.

(Figure 6).

Example of several occupancy

groups that could be found in a

multi-tenant (mixed occupancy)

Figure 5- All components of means of egress shall be code

compliant. For example, table & chairs under the covered outdoor

space shall not interfere with the path of exit access to the exit of

the building in the background.

Figure 6- Example of a multiple tenant building.

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building could be a dentist, law firm, or barber shop, etc. (classified as Business-

Group B), a grocery store, or drug store (classified as Mercantile-Group M) and a

restaurant/bar (which could be classified as either Assembly-Group A-2 or Business-

Group B, depending on the calculated design occupant load).

3. Design options for addressing mixed use and occupancy in a building are as follows*:

a. Option # 1- Non-separated uses, where the height, area and sprinkler requirements

for the most restrictive type of occupancy group are applied to the entire building

(refer to NCBC-Section 508.3 and 5.0-F.1 of this document which addresses non-

separated occupancy uses);

b. OR Option # 2 - Separated uses, where individual occupancies are separated by rated

fire barriers. The rated fire barriers are compliance with area limitations determined

by a unit formula and where no occupancy may occur on a floor higher than the

limitation for the individual occupancy and where sprinkler requirements are limited

to the fire area in which the occupancy occurs (refer to NCBC-Section 508.4 and

5.0-F.2 of this document which addresses separated occupancy uses);

c. OR Option # 3 - Combination of non-separated and separated uses;

d. OR Option # 4 - Create separate buildings by separation of one or all of the

occupancies with a fire wall (refer to NCBC-Section 706, which addresses fire

walls).

*NOTE: Each design option, when the NCBC is applied correctly, should provide a

building with an acceptable level of safety. The owner or his designer, not the CEO, is

responsible for determining which option to use and this option is required to be noted on

Appendix B of the drawings. It is the responsibility of the CEO to confirm that the

selected option is designed in a code compliant manner.

Occupant Load of the Existing Building and the Covered Addition - The addition of a covered B.

outdoor space to an existing restaurant, bar, tavern and/or nightclub usually increases the

design occupant load of the entire establishment.

1. Considerations: The purpose for calculating the design occupant load is to establish the

maximum number of persons who occupy a building or a space at any one time. The

maximum square feet per person is based on the use (NCBC-Chapter 3) of each space or

room in accordance with NCBC-Table 1004.1.1, and not the occupancy classification of

the building.

• Example: A restaurant/bar with an aggregate occupant load of less than 50 persons is

classified by occupancy as Group B (Exception #1 under NCBC-Section 303.1) for

purposes other than code exiting requirements. However, the occupant load is not to be

calculated at 100 sq. ft. gross per person as would be allowed for a Business use in

NCBC-Table 1004.1.1. To determine the occupant load in a restaurant or bar, each space

is calculated in accordance to its function. The dance floor, waiting area and bar will be

calculated at 7 sq. ft. net/person (Assembly concentrated without fixed seats). The

seating/dining area will be calculated at 15 sq. ft. net/person (Assembly un-concentrated).

Other spaces will be calculated per person by use in the same manner, i.e., the kitchen at

200 sq. ft. gross/person, the storage room(s) and/or mechanical room at 300 sq. ft.

gross/person, the office(s) at 100 sq. ft. gross/person, etc. Once each space is calculated

individually, the load for all spaces is added together to become the aggregate design

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occupant load for the entire restaurant or bar. If the load equals or exceeds 50 persons,

the restaurant or bar will be classified as Assembly Occupancy for all code purposes.

2. Importance of correct occupant load

calculations: The calculated design

occupant load determines whether an

establishment (restaurant, bar, etc.),

primarily in the business of serving food

and /or alcoholic drinks for consumption

on the premises, is classified by

occupancy as Group B or Group A in

Chapter 3 of the NCBC. (Figure 7). An

increase in the design occupant load

could also trigger additional means of

egress elements and/or fire protection

systems. Under current code, the load

threshold for occupancy classification as

Business verses Assembly for a

restaurant may have changed from a

previous code:

a. For instance, the 1994 Building Code (with 1996/1997/1998/1999 Amendments), per

Section 304.2.2, defined an establishment such as restaurant/bar/night club (used for

assembly purposes) with less than 100 occupants to be classified by occupancy as

Group B. Group A occupancy was defined as having 100 or more occupants.

b. Per Section 303.1-Exception # 1 of the 2012 NCBC code, an establishment such a

restaurant/bar/night club (used for assembly purposes) with less than 50 occupants in

a building or a tenant space (in a multi-tenant building) can be classified as Business-

Group B. With 50 or more persons, it is classified by occupancy as Assembly-Group

A-2.

• Example: A restaurant with an occupant load of 60 persons would have been

allowed under the 1994 NCBC as Business (Group B), since it had a calculated

design load of less than 100 occupants. With the addition of a covered outdoor area

having a calculated design load of 30 persons, the aggregate occupancy design load is

now 90 persons. Although this establishment, under the 1994 NCBC, would have

continued to be classified as Business occupancy, current code requires that it now be

classified as Assembly (Group A-2) because it has more than 50 occupants.

3. Uncovered outdoor area: The construction of an uncovered outdoor area (patio, deck,

porch, balcony, etc.) directly adjacent to an existing building or tenant space may not

increase the occupant load of the existing building for the purpose of calculating means of

egress, even when the intended use of the outdoor area is to serve the same function as the

existing establishment.

Exception: The means of egress from the uncovered outdoor area does not discharge

directly to the public way by Code compliant means and the occupants are thus

required to return into, and egress through, the adjacent existing building to reach a

code compliant exit. In this scenario, the design occupancy load of the uncovered

outdoor area is now added to the design occupancy load of the existing establishment

for compliance with means of egress requirements as addressed in the NCBC-Section

Figure 7: Covered outdoor dining space, exceeding 50

occupants, is classified by use as A-2. If the door (in the

rear) is an exit leading to the exit discharge, it shall be

marked with an exit sign. Means of egress illumination

shall be provided in this covered outdoor space.

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1004.8. Calculating the occupant load, based on the type of use for the outdoor area

and for all spaces in the existing building, is required to be in accordance with current

code requirements.

Construction Type of the Existing Building and the Covered Addition - Correct classification C.

of a building by construction type is essential for determining code compliance with respect to

its occupancy classification. Type of construction also relates to the contribution of the

structure itself to fuel load, the potential for spread of fire to adjacent structures and the effort

required by the fire department to fight the fire. In accordance with Chapter 6 of the NCBC, it

is necessary to know the construction type of the proposed covered outdoor space and the

construction type of the existing building, particularly if they are not classified as the same

type of construction (Figure 8). The following are considerations when reviewing for the

correct construction classification:

1. Types of Construction: Each structure must be

assigned a construction classifications, i.e.,

Type I-A, I-B, II-A, II-B, III-A, III-B, IV, V-

A or V-B (NCBC-Section 602) and as

follows:

a. NCBC-Table 601: Based on the

construction classification, structural

members may be required to have a fire-

resistance rating in accordance with

NCBC-Table 601 (Fire-Resistive Rating

Requirements for Building Elements).

b. NCBC-Table 602: Exterior wall

construction of the structure must comply

with the requirements in Table 602 (Fire-

Resistive Rating Requirements for

Exterior Walls Based on Fire Separation

Distance).

2. Existing and Covered Addition Same

Construction Type: If the covered outdoor

space and the existing building are the same

construction and fire-resistance (or non-fire-

resistance) rating type, then the project will be

reviewed as that type of construction for

compliance under NCBC-Tables 503, 601,602

and other code requirements as applicable.

3. Different Construction Types: Where two (or more) types of construction, even if

separated by a fire barrier but not separated by a fire wall, occur in the same building, the

most restrictive construction type shall determine the construction classification type of

the entire building and shall not exceed any of the component limitations in NCBC-Table

503 and Table 602.

Example: If an existing building, classified as A-2 occupancy, is Type II-B

construction and the proposed covered outdoor space is to be Type V-B construction,

then the existing building shall be re-classified as Type V-B unless a fire wall is

constructed between the addition and the existing building. 5.0-E.3 in this document

Figure 8. The construction type of the proposed

covered outdoor space and the construction type

of the existing building should be confirmed.

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addresses fire walls.

4. Recommendation to CEOs is that a site plan be submitted for review of the following:

a. Compliance with NCBC-Table 602. (Refer to code definition of Fire Separation

Distance in 4.0-D of this document). If the separation distance between the existing

building (with the proposed covered outdoor addition) and any adjacent existing

building(s) on the same property is less than 60 feet apart from the proposed covered

outdoor addition, the construction and occupancy classification of the adjacent

building(s) should also to be provided.

b. Confirmation that the dedicated fire apparatus access, as required in the 2012 NC

Fire Prevention Code-Section 503, will continue to be maintained after construction

of the proposed covered outdoor space.

Area and Height of the Existing Building and the Covered Addition D.

1. Importance of NCBC-Tables 503 and 601:

a. The provisions for governing the height and area of the building based on occupancy

group classification and type of construction are established in NCBC-Section 503.

This Section also establishes NCBC-Table 503 as the primary tool for determining

the minimum type of construction. NCBC-Table 601 is used with NCBC-Table 503

to determine acceptable risk and safety levels of a building and the materials used to

construct it in relationship to fire hazard.

b. In accordance with the descriptions in Chapter 3, classification by occupancy can be

considered as establishing the level of “risk” associated with the occupancy use of a

building. Use of the building is an indication of its fire loading. The various

construction types, described in Chapter 6 and Table 601 of the NCBC, can be

thought of as reflecting various levels of safety provided by fire resistance. NCBC-

Table 503 becomes a risk/safety matrix that sets a minimum level of safety

(construction type) in accordance with the risk (occupancy classification reflecting

internal fire loading). Refer to footnote “a” for general exceptions when reviewing

NCBC-Table 503.

2. Contribution of an Un-covered Outdoor

Area (Patio, Deck, Balcony, etc.) to

Building Area: None

3. Contribution of new Covered Outdoor

Area to existing Building Area (Refer to

the code definition of Area, Building in

3.0-C of this document):

a. When a permanent or temporary roof

structure is constructed over an

outdoor area that is adjacent and is

physically attached to an existing

building, the square foot area under

the covered outdoor space is to be

added to, and included in, the square

footage of the existing building to

calculate the revised aggregate

building area (Figure 9).

Figure 9- The square footage of the covered outdoor space

in the foreground shall be included in the aggregate square

footage of the attached building in the background.

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b. When a permanent or temporary roof structure is constructed over an outdoor area

that is adjacent and is physically attached to a tenant space in a multi-tenant building

where the other tenant spaces in the remaining building are non-separated (see 5.0-

F.1 of this Document), the area under the covered outdoor space is to be added to,

and included in, the square footage of all tenant spaces to calculate the aggregate

building area. (See 5.0-E.1 of this document where aggregate area, stories, and/or

height exceeds NCBC-Table 503).

Building Aggregate Area, Stories, and/or Height Exceeds NCBC-Table 503: Based on the E.

construction type, if the existing building with the proposed outdoor covered space exceeds

any of the limitations in NCBC-Table 503, the addition is not allowed by the NCBC without

triggering further life safety components. Some examples of possible life safety components

are as following:

1. An NFPA 13 sprinkler system, as addressed in NCBC-Section 506.3, can be provided to

increase the allowable area (or height). The system must be installed throughout the entire

building, including the existing building and the covered outdoor space. If the existing

building is a multi-tenant building with multiple non-separate tenant spaces (see 5.0-F.1

of this Document), a sprinkler system is required in all other non-separated tenant spaces.

2. Construction of a fire wall* between the addition and the existing building divides a

single building into (two) separate buildings, as addressed in NCBC-706. The result is

that all provisions of the code, including area and height & story limitations, fire

protection systems, and means of egress components, are applied individually to the

building on each side of the fire wall (refer to the code definition of Fire Wall in 3.0-H of

this document).

* NOTE: Not fire barrier (NCBC-707) or fire partition (NCBC-709)

3. Modify the level of construction protection, based on fire-resistance rating requirements

for building elements in NCBC-Table 601, to increase the building area and/or height for

compliance with NCBC-Table 503.

Determining if a Building Qualifies as “Non-Separated” or “Separated” Occupancies in a F.

Mixed Occupancy Multiple Tenant Building - A building, usually with multiple tenant spaces

that are classified with more than one occupancy group type use, can be designed as either

non-separated or separated occupancies.

1. Non-Separated Occupancies: Buildings with multiple tenant mixed occupancy uses, not

separated by fire barriers, are considered non-separated occupancies and must comply

with NCBC-508.3. Suppose a proposed covered outdoor area is to be constructed adjacent

to and serve an existing restaurant in a non-separated mixed occupancy multiple tenant

retail building. To confirm that the entire building will continue to qualify as non-

separated occupancies after the covered outdoor area is constructed, the following steps

are be applied to determine that it does not exceed any of the NCBC limitation

requirements in Section 503 and Table 503 (including associated footnotes under Table

503):

a. Determine the occupancy classification for the existing restaurant with the proposed

covered outdoor space and for each individual tenant space in the existing building

(NCBC-Chapter 3). Section 5.0-A of this document addresses occupancy

classification.

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b. Determine which construction type or types apply to the covered outdoor space and

to each individual tenant space in the existing building (NCBC chapter 6). The

requirements for the most restrictive type of construction are be applied to the entire

structure. For example, if a portion of the building is Type II-A and the remaining

area is Type V-B, the entire building is classified as Type V-B. 5.0-C of this

document addresses construction classification.

c. Calculate the building area, the general building height, and the number of stories (if

more than one story) from the dimensions and building elevations on the drawings.

Obtain the base area and height limitations from NCBC-Table 503. Also review

Chapter 5 for exceptions to these requirements including any increases that can be

obtained, for example, in area or height. Apply any applicable height and area

increases to the base limitations in Table 503 and compare the modified limitations to

the calculated height and area. 5.0-D of this document addresses building area and

height.

d. Apply all other Code requirements to each occupancy group, individually based on

the specific occupancy type of each space. Examples include means of egress

elements (NCBC-Chapter 10), exterior wall requirements (NCBC-Table 602), etc.

2. Separated Occupancies: A multiple tenant building with mixed occupancy types can be

classified as separated occupancies if compliant with NCBC-Section 508.4. Suppose a

proposed covered outdoor area is to be constructed adjacent to and serve an existing

restaurant in an existing separated mixed occupancy multiple tenant retail building. . To

confirm that the entire building will continue to qualify as separated occupancies after

the covered outdoor area is constructed, the following steps are be applied to determine

that it does not exceed any of the NCBC limitation requirements in Section 503 and Table

503 (including associated footnotes under Table 503):

a. In accordance with Chapter 3 of the NCBC, determine which occupancy

classification applies to the covered outdoor space and to each tenant space in the

existing building. Section 5.0-A of this document addresses occupancy classification.

b. Determine where fire barrier(s) separate occupancies or area(s) in the existing

building. NCBC-Section 707 addresses separation requirements by vertically

constructed fire barriers. If more than one story, separation between floors by may be

required between floor(s) by horizontal assemblies, as addressed in NCBC-Section

712. Determine the fire-resistance rating of the fire barriers and, if applicable,

horizontal assemblies. Prescribed ratings shall be as required in NCBC-Table 508.4,

including associated footnotes in this Table.

c. The type of construction for the entire building is determined by the height and area

of the building for each occupancy classification in accordance with NCBC-Chapter

5 and NCBC-Table 503 (including footnotes in this Table) as follows:

Compare the height, relative to the grade plain, of each fire area with respect to the

most restrictive occupancy contained within that fire area to the height allowed by

NCBC-Table 503 for a building in that occupancy type. Also refer to NCBC-Section

504 for exceptions to the height limitations of Table 503 for certain buildings, based

on the building’s proposed occupancy classification and the fire safety features

included in the design of the building.

Determine the weighted average of areas occupied by the various occupancies in

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Figure 10- Existing building with sprinkler system triggers covered

outdoor space addition to also have compliant sprinkler system.

each fire area. For each story, the area of the occupancy shall be such that the sum of

the ratios of the actual floor area of each occupancy type use, divided by the

allowable floor for each occupancy type use per NCBC-Table 503, shall not exceed

one (1), as addressed in NCBC Section 508.4.2. The area calculation formula for

determining the allowable areas for each occupancy group is as follows:

Actual Area of Actual Area of

Occupancy Type A + Occupancy Type B = < 1

Allowable Area for A Allowable Area for B

Per NCBC-Table 503* per NCBC-Table 503*

*NOTE: The following addresses allowable area:

In the evaluation of allowable area, intervening fire barriers between different fire

areas containing the same occupancy type are not a consideration. In determining

the floor area per occupancy, all fire areas of the same group are added together.

In determining the allowable areas for each occupancy group, the tabular areas

from Table 503 can be modified in accordance with the provisions of NCBC-

Section 506. Thus, the allowable areas are intended to include the increases

obtained as result of sprinklers and frontage. Respective to the allowable

frontage increase, use the entire building perimeter and not just the fire area

perimeter. If considering the sprinkler increase, note that the entire building must

be fully sprinklered per Section 506.3, and not just a particular fire area.

Fire Suppression System Considerations for a Proposed Outdoor Covered Addition to an G.

Existing Building

1. Based on the Code in effect

at the time the existing

building was permitted, fire

suppression systems may not

have been required.

However, the construction

of a roof structure over an

outdoor space adjacent to

and serving the same use as

a restaurant or nightclub

may trigger the requirement

for a sprinkler system

throughout all new and

existing spaces of the

building that are not

separated by fire barriers or

separated by a fire wall.

(Figure 10).

2. A review of NCBC-Chapter

9 is recommended as fire

suppression systems may

now be necessary for Code

DOI File # WP-009-11 (Rev. 2012) Covered Outdoor Space Adjacent to Restaurant or Bar Page 13 of 16

compliance. Threshold requirements for those systems can be triggered by occupancy

classification, occupancy load, square foot area, and/or level of exit discharge. Current

Code (NCBC-903.2.1.2 and NCFPC-903.2.1.2) requires an NFPA 13 automatic sprinkler

system for A-2 occupancies where one of the following conditions exists:

The fire area exceeds 5000 square feet;

OR The fire area has an occupant load of 300 or more, except 100 or more for

nightclubs*;

OR The fire area is located on a floor other that the level of exit discharge.

*NOTE: For additional information, refer to the White Paper by Evaluation Services

Section entitled “Sprinkler Requirements for Nightclubs Nov 2010” that is located on

the NCDOI-OSFM website at the following link:

http://www.ncdoi.com/OSFM/Engineering/engineering_wpt.asp

3. Example- A new outdoor covered dining area is to be constructed adjacent to and serve an

existing one story restaurant. The finish floor for each is on the level of exit discharge and

the construction type for both structures is V-B:

The existing restaurant has a calculated occupancy of 280 persons, is 4000 square

feet and is an A-2 occupancy. The proposed outdoor addition has 60 occupants, is

900 square feet and also is an A-2. Although the aggregate square footage (4000 +

900 = 4900) is less than 5000, the total number of occupants (340) now exceeds the

maximum allowable fire area of for an A-2 occupancy. Consequently, this will

trigger the requirement in NCBC-Section NCBC-903.2.1.2 for installing an

automatic sprinkler system in the outdoor covered addition and in the existing

restaurant.

In this example, one option to negate the requirement for sprinklers is to separate the

proposed outdoor covered addition from the existing restaurant with a fire barrier.

Thus, sprinklers are not necessary for code compliance because each fire area is

below the threshold level for triggering the A-2 occupancy requirement under

NCBC- 903.2.1.2. Note the following:

NCBC-707.3.9 addresses the required fire-resistance rating for dividing a single

occupancy (or multiple occupancies) into separate fire areas. NCBC- Table 508.4

provides the minimum required fire-resistance ratings for a fire barrier wall or

horizontal assembly to separate the same occupancy group or multiple occupancy

groups into separate fire areas.

Each fire area is evaluated independently for purposes of determining the

applicable provisions of the North Carolina State Building Codes.*

*NOTE: Means of egress from each fire area needs to be shown on the floor plan.

Code compliance of each fire barrier is to be evaluated for occupancy size, required

means of egress and for other life & safety requirements.

Plumbing Fixtures for the Existing Building and the Addition of an Uncovered Outdoor Area H.

or a Covered Addition - The addition of an uncovered or a covered outdoor space to serve an

existing restaurant, etc. will increase the design occupancy load of an existing building. The

plumbing fixture count shall be re-evaluated as follows for compliance with the current NCPC

DOI File # WP-009-11 (Rev. 2012) Covered Outdoor Space Adjacent to Restaurant or Bar Page 14 of 16

(Chapter 4) and NCBC (Chapter 29):

Option # 1 – Addition only (uncovered or covered): Provide additional plumbing fixtures

for the calculated occupant load, under the current NCPC, for the addition to

accommodate the increase in the occupancy load for males and females created by the

construction of the uncovered outdoor area or covered outdoor space;

OR Option # 2 – Existing plus Addition (uncovered or covered): Calculate the design

occupancy load for the uncovered outdoor area or the outdoor covered space plus the

calculated load for the existing restaurant or bar, under the current NCPC, to determine the

total fixture count required for males and females. If the number of existing plumbing

fixtures is deficient by calculation to accommodate the addition plus the existing space,

provide additional fixtures to comply with the revised fixture count.

Energy Requirements for the Covered Addition I.

1. Unless a covered outdoor building space complies with the minimum commercial

building thermal envelope requirements of the NCEC, a permanent heating and/or cooling

appliance is not allowed to be installed to serve this space. In addition, duct work is not

allowed to be extended from the existing building to serve the covered outdoor addition

(Figure 11). DOI is unaware of any plastic or fabric enclosures, as addressed in 5.0-K of

this document, that comply with the Energy Code requirements at this time.

2. The 2012 NCEC does contain a provision in the 2012 NCEC indicates “Systems installed

to provide heating outside a building shall be radiant systems. Such heating systems shall

be controlled by an occupancy sensing device or a timer switch, so that the system is

automatically de-energized when no occupants are present.” (Figure 12).

Figure 11-Extending existing duct work from existing building

to serve covered outdoor space is not allowed by the NCEC.

Figure 12- Example of a permanent radiant heating

appliance.

DOI File # WP-009-11 (Rev. 2012) Covered Outdoor Space Adjacent to Restaurant or Bar Page 15 of 16

Pliable Light Transmitting or Fabric Curtain System for Weather Protection at the Covered J.

Addition - For weather

protection, a pliable light

transmitting or fabric curtain

system are often proposed in

openings between columns

around the exterior perimeter

of covered outdoor spaces

(Figure 13). Code

requirements for these

systems are addressed in the

White Paper under “2012

Code Additions” by the

Evaluation Services Section

entitled “Pliable Light

Transmitting or Fabric Curtain

System for

Weather Protection at a

Covered Outdoor Space” that

is located on the NCDOI-

OSFM website at the following link:

http://www.ncdoi.com/OSFM/Engineering/engineering_wpt.asp

Guards at the Covered Addition - If any edge of the finished floor of the outdoor space is more K.

than 30” above finish grade, guards are required along the perimeter where this condition

occurs. NCBC-Section 1013 addresses the requirements for guards.

Structural Requirements for the Covered Addition - Roof and wall structures, including roof L.

covering, for covered outdoor spaces shall be designed and constructed to withstand wind or

other lateral loads, snow loads and live loads as required by NCBC-Chapter 16, with due

allowance for shape, open construction and similar features that relieve the pressures or loads.

Wind uplift is particularly important in the design of open sided covered structures. Weight

required to hold the structure down may control the foundation design. See #29 (Roofs) in

NCBC-Table 1607.1 for minimum roof live loads required by code.

Accessibility Requirements for the Covered Addition - This document does not address code M.

components for handicap accessibility. However, the addition is required to comply with

accessibility in the NCBC. For example, a new required exit serving the covered outdoor

space is required to be accessible, as addressed in NCBC-Section 1007.1.

Maintaining Means of Egress for the Existing Building during Construction of the Covered N.

Addition

1. During alterations, additions and/or repairs, a building can be even more vulnerable to an

emergency event, and egress components or other fire protection features (sprinkler

system, alarm system, etc.) cannot be temporarily compromised. This is a violation of the

Code, as addressed in NCBC-Section 3302.

Example: The code requires a restaurant to have two exits and one exit may be

Figure 13-Example of fabric curtain system with pliable light

transmitting material.

DOI File # WP-009-11 (Rev. 2012) Covered Outdoor Space Adjacent to Restaurant or Bar Page 16 of 16

temporarily closed during the construction of an uncovered or covered outdoor area. The

restaurant continues to be opened for business during construction. Consequently, an

alternate (temporary) code compliant 2nd

exit shall be provided until the original 2nd

exit

is reopened. At no time can only one exit be in operation, when 2 are required, when the

building is occupied.

2. If any means of egress components or other fire protection features are to be affected

temporarily during a construction project, a floor plan shall be submitted to the CEO that

indicates how a code compliant equivalency will be addressed.

REFERENCES 6.0

2012 North Carolina Building Code (NCBC) A.

2012 North Carolina Fire Prevention Code (NCFPC) B.

UL 924 (2006 Standard Reference Number) – Standard for Safety Emergency Lighting and C.

Power Equipment

2009 International Building Code Commentary by the International Code Council, Inc. D.

2009 International Fire Prevention Code Commentary by the International Code Council, Inc. E.

NFPA 101 (2006 Standard Reference Number) F.

Special uses and Mixed Occupancies, February 2001, by the Building Officials and Code G.

Administrators International, Inc.

2003 IBC Architectural Applications for Designers, August 2004, by the International Code H.

Council, Inc.

2006 International Building Code Commentary, September 2006, by the International Code I.

Council, Inc.

PHOTO RESOURCES 7.0

Figure 1- Patio Enclosure A.

Figure 2- Retractable cover B.

Figures 3 & 4- Taken By NCDOI C.

Figure 5- http://www.litrausa.com/Restaurant_Enclosures-12.html D.

Figure 6- Mixed use strip mall E.

Figure 7- Roll-a-Cover F.

Figures 8, 9, 10, 11, 12 & 13-Taken By NCDOI G.

This document does not constitute an evaluation of any vendor’s product nor does this document

imply that the Code Enforcement Official must approve any specific material, design, or method.