When Florida Building Code and NFPA Don’t Agree

Posted on by BigRog

When Florida Building Code and NFPA Don’t Agree: Restaurant Occupancy Conflicts

At Cad-Con Design, we see one of the biggest frustrations during the permitting process: The Florida Building Code conflicting building codes.

When Florida Building Code and NFPA Don’t Agree

A common example involves restaurants and how they are classified under the Florida Building Code (FBC 2023) compared to the NFPA 101 Life Safety Code (2024 edition). The results can be confusing — and frustrating — for owners, contractors, and reviewers alike.

Florida Building Code (FBC 2023) – Restaurant Classification

According to FBC 2023, Section 303.1.2 Small Assembly Spaces, restaurants are generally classified as Assembly Group A-2. However, there are exceptions:

FBC 303.1.2 Small Assembly Spaces

The following rooms and spaces shall not be classified as Assembly occupancies:

  1. A room or space used for assembly purposes with an occupant load of less than 50 persons and accessory to another occupancy shall be classified as a Group B occupancy (Business) or as part of that occupancy.

  2. A room or space used for assembly purposes that is less than 750 square feet (70 m²) in area and accessory to another occupancy shall be classified as a Group B occupancy (Business) or as part of that occupancy.

Key takeaway:

  • Over 50 occupants → Assembly A-2

  • Under 50 occupants or under 750 SF → Business (B)

This classification applies during Building Department plan review under the FBC.

NFPA 101 (2024 Edition) – Restaurant Classification

The National Fire Protection Association (NFPA) takes a different view. Under NFPA 101: Life Safety Code (2024), Section A.3.3.205.9 Mercantile Occupancy, restaurants with fewer than 50 persons are classified as Mercantile occupancies.

NFPA 101 (2024), A.3.3.205.9 Mercantile Occupancy:

Mercantile occupancies include the following:
(1) Auction rooms
(2) Department stores
(3) Drugstores
(4) Restaurants with fewer than 50 persons
(5) Shopping centers
(6) Supermarkets
Office, storage, and service facilities incidental to the sale of merchandise and located in the same building should be considered part of the mercantile occupancy classification.

Key takeaway:

  • Under NFPA → Restaurants with <50 persons = Mercantile

This classification is typically enforced during Fire Department plan review.

Why This Matters for the Florida Building Code?

If you’re opening or renovating a restaurant in Florida, this conflict means your project could be reviewed under different occupancy classifications depending on whether the Building Department or Fire Department is looking at it. That impacts:

  • Permit submittal requirements

  • Review timelines

  • Coordination with engineers, architects, and trade contractors

How Cad-Con Design Supports Your Project

We are not engineers or architects — we’re drafting professionals who specialize in preparing clear, accurate plan documents and coordinating with licensed professionals and municipalities.

At Cad-Con Design, we:

  • Prepare detailed drafting documents that reflect applicable codes

  • Coordinate with licensed engineers and architects for review and sign-off

  • Work directly with Building and Fire Departments to ensure clarity in submittals

  • Help clients avoid costly delays caused by code conflicts and resubmittals

By providing accurate base drawings, organized documentation, and consistent communication, we help projects move through the permitting process with less stress.

📐 Cad-Con Design – Drafting & Design Support for Your Project
📞 772-408-8175
🌐 www.CadConDesign.com