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Restaurant patio cover not attached to building

No....if you have proper fire separation distance it would be 2 buildings and not an issue....You cannot meet the requirements of the new building being a building on it's own, so it is an addition (sort of)....Me thinks the code section would be like 105 for work without permit and how long do you want your business shut down for.....I wouldn't push the FM too hard on that one...

And YES...I do believe the definitions in the IBC, it's a building and a fire area.....What is the OL of the pergola? If it meets a threshold in 903, then it gets sprinklered...
I see your point,, only the patio will be shut down and it’s too cold to sit out there anyway,, at least he will know the code he violated. The pergola OL is 65 and is a mute point because according to the FM it is not attached to the main building and therefore cannot be added to the restaurant OL.
 
1004.7 Outdoor areas.
Yards, patios, occupied roofs, courts and similar outdoor areas accessible to and usable by the building occupants shall be provided with means of egress as required by this chapter. The occupant load of such outdoor areas shall be assigned by the building official in accordance with the anticipated use. Where outdoor areas are to be used by persons in addition to the occupants of the building, and the path of egress travel from the outdoor areas passes through the building, means of egress requirements for the building shall be based on the sum of the occupant loads of the building plus the outdoor areas.

Exceptions:

1. Outdoor areas used exclusively for service of the building need only have one means of egress.

2. Both outdoor areas associated with Group R-3 and individual dwelling units of Group R-2.
 
1004.7 Outdoor areas.
Yards, patios, occupied roofs, courts and similar outdoor areas accessible to and usable by the building occupants shall be provided with means of egress as required by this chapter. The occupant load of such outdoor areas shall be assigned by the building official in accordance with the anticipated use. Where outdoor areas are to be used by persons in addition to the occupants of the building, and the path of egress travel from the outdoor areas passes through the building, means of egress requirements for the building shall be based on the sum of the occupant loads of the building plus the outdoor areas.

Exceptions:

1. Outdoor areas used exclusively for service of the building need only have one means of egress.

2. Both outdoor areas associated with Group R-3 and individual dwelling units of Group R-2.
Which would also include adding bathrooms if the OL is increased by 20%...
 
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