We have a single story stand alone building under 5,000 sq ft with an A-2 occupancy. the building is non-combustible construction and has a roof projection of approximately 7'-0. during the design it was determined that due to the fact that the roof projections where non-combustible then no sprinkler protection was required underneath. a new tenant is now designing a restaurant space with kitchen and dinning areas, the plans show seating for dinning purposes outside underneath the roof projection. The AHJ is stating that since this area beneath the roof projection is being used for a dinning occupancy it needs sprinkler protection? he says the furniture is Storage and the people are a commodity?
Understanding that the IBC states that the building area includes areas not bounded by walls but with a roof over the area shall be included in the fire area, and that an A-2 occupancy is required to be sprinklered per 903.2.1.2. if over 5000 sq ft, or with an occupant load of 100 or more ( we have 124) and if the are is located on a floor other than the level of exist discharge ( we are open to the outside grade plane) IBC section 903.3.3.1.1 NFPA 13 sprinkler systems: Where provisions of this code require that a building or portion thereof be equipped throughout with an automatic sprinkler system in accordance with this section, Sprinklers shall be installed throughout in accordance with NFPA 13 except as provided in sections 903.3.3.1.1.1 and 903.3.3.1.1.2.
NFPA 13 2016 edition:
4.1 Level of protection. A building, where protected by an automatic sprinkler system installation, shall be provided with sprinklers in all areas except where specific sections of this standard permit the omission of sprinklers.
126.96.36.199 Sprinklers shall be permitted to be omitted where exterior canopies,roofs, porte-cocheres, balconies, decks and similar projections are constructed with materials that are noncombustible, limited combustible or fire treated wood..
under 188.8.131.52 .(there is no mention of occupancy limitations to applying this omission)
we feel that fire sprinklers are not required either by the IBC/IFC or by NFPA 13 and cannot be enforced without some type of amendment or ordinance by the AHJ.
Is there any further information that we can use to clarify to the fire marshal?
or am I wrong in my reasoning above?