Fire codes | Commercial Outdoor Furniture

Fabric tents and cabanas over 400 square feet need a fire code permit, and open-sided ones are exempt up to 700

Fri, 30 Oct 2026 08:58:12 -0400

Under the 2024 International Fire Code (IFC), a tent with an area over 400 square feet needs an operational permit from the fire code official, the person in the local fire department or fire marshal’s office who enforces the code. Section 105.5 exempts a tent that is open on all sides if it is no larger than 700 square feet, sits at least 12 feet from structures and other tents, and does not join other tents into a group larger than 700 square feet without a 12-foot fire break. The code’s definition of a tent is broad enough to take in many of the fabric cabanas, shade tents and large umbrellas that hotels, restaurants and pool clubs buy, and Chapter 31 then sets the fabric test, the label, the spacing and the exits.

The IFC is a model code. It applies where a state, county or city adopts it, often with local amendments, and the edition in force varies by jurisdiction. Everything below is from the 2024 text as the International Code Council publishes it.

What counts as a tent

The IFC defines a tent as a structure, enclosure, umbrella structure or shelter, “with or without sidewalls or drops, constructed of fabric or pliable material supported in any manner except by air or the contents it protects.” An umbrella structure is a fabric shelter held up by a central pole or poles. Under that wording a framed poolside cabana with fabric drops, a pop-up shade tent and a large center-pole umbrella all fall within the definition. Whether a particular product is regulated as a tent under the adopted code is for the fire code official to decide. A fabric structure built on a building, balcony or deck is treated differently: Chapter 31 says it is regulated as a permanent membrane structure under Section 3102 of the International Building Code.

When a permit is required

Operational permits for tents and membrane structures under Section 105.5 of the 2024 International Fire Code.
Structure	Operational permit under Section 105.5	Condition in the code
Air-supported temporary membrane structure, temporary special event structure or tent over 400 sq ft	Required	Area in excess of 400 square feet
Tent used only for recreational camping	Not required	Exception 1
Tent, curtains and extensions used for funeral services	Not required	Exception 2
Tent open on all sides	Not required	Each tent no more than 700 sq ft; tents side by side without a 12-foot fire break no more than 700 sq ft in total; at least 12 feet to structures and other tents
Temporary heating or cooking equipment inside a tent or membrane structure	Required	Separate permit item

Source: codes.iccsafe.org

The code also requires a construction permit to erect a tent covered by that operational permit item. Temporary heating or cooking equipment inside a tent needs a permit of its own, so a large tent with a temporary heater can need both.

Chapter 31 limits a temporary tent or membrane structure to 180 days within a 12-month period on one premises. Permanent tents and membrane structures follow Section 3108 of the IFC and must also meet the International Building Code. The owner or agent inspects a temporary tent at least twice in each permit period, unless the period is shorter than 30 days.

The fabric certificate and label

Before the official grants a permit, the owner or agent files a certificate from the product’s manufacturer showing that an approved testing laboratory tested the materials. The certificate covers the tent fabric, its sidewalls, drops and tarpaulins, and any floor covering, and it must show that they meet the flame propagation criteria of Test Method 2 of NFPA 701. Bunting and combustible decorations must meet Test Method 1 or Test Method 2, as applicable. A fabric can also qualify by being treated with a flame retardant in an approved manner and then meeting the test. NFPA describes the standard as test methods for flame propagation of textiles and films. The current edition is 2023.

The tent itself must carry a permanently attached label giving its size and fabric, its manufacturer’s name and address, and a statement that the fabric meets the certificate requirement. A treated fabric’s label also gives the date of the last flame-retardant treatment, the chemical, who applied it and which agency tested it.

Spacing around a tent

Distances in Chapter 31 of the 2024 International Fire Code. Rows marked temporary apply under Section 3103; the others apply to temporary and permanent tents and membrane structures under Section 3108.
Requirement	Distance (feet)	Applies to
Temporary tent to lot lines, buildings, other tents, parked vehicles and engines	20	Temporary tents and membrane structures, with exceptions
Fire break kept clear on all sides	12	Temporary tents and membrane structures, unless the fire code official approves otherwise
Membrane structure of 15000 sq ft or more to any other tent or structure	50	Temporary membrane structures
Farthest point inside to an exit	100	Temporary tents and membrane structures
Open flame, heat-producing devices and fuel while open to the public	10	All tents and membrane structures, unless approved
Cooking and heating equipment to exits or combustible materials	10	All tents and membrane structures
Generators and other engines	20	All tents and membrane structures
Refueling	20	All tents and membrane structures
Combustible vegetation cleared around the structure	30	All tents and membrane structures
Storage of flammable and combustible liquids	50	All tents and membrane structures
Fireworks	100	All tents and membrane structures

Source: codes.iccsafe.org

The 20-foot separation has two exceptions. Tents not used for cooking need no separation from each other if their combined floor area is no more than 15,000 square feet. A tent of no more than 10,000 square feet needs no separation from a building if the two together stay within the building code’s allowable area, both have their required exits, and fire apparatus access roads are provided. Guy wires count as part of the tent when distances are measured.

Chapter 31 also bars smoking in any tent or membrane structure. Inside a membrane structure, the code requires 3 feet of clearance between the fabric and everything under it, which affects where a server station or a stack of chairs can go.

Exits

A temporary tent needs at least one exit, and at least the number in Table 3103.11.2. Exits are spaced around the perimeter so that no point inside is more than 100 feet from one. The total exit width in inches must be at least 0.2 times the occupant load, the number of people the space is approved for.

Table 3103.11.2, minimum number of exits and exit widths from temporary tents and membrane structures, 2024 International Fire Code. Above 3,000 occupants, total exit width must also equal at least 0.2 inch per person.
Occupant load	Minimum number of exits	Minimum width of each exit for a tent (inches)	Minimum width of each exit for a membrane structure (inches)
10 to 199	2	72	36
200 to 499	3	72	72
500 to 999	4	96	72
1,000 to 1,999	5	120	96
2,000 to 2,999	6	120	96
Over 3,000	7	120	96

Source: codes.iccsafe.org

In public areas, aisles are at least 44 inches wide and widen by 1 foot for each 50 people they serve. A tent with an occupant load of 50 or more needs exit signs, and its permit application includes a site and floor plan showing exits, seating, and heating and electrical equipment.

A worked example

The figures below are an example in round numbers, not a real property. A hotel plans six fabric layouts for its pool deck lawn and terrace, all on the ground and none on a deck or roof.

In the example, three of six layouts need a permit

Worked example: floor area of six fabric layouts against the 400 sq ft permit threshold and the 700 sq ft open-sided exception in Section 105.5

Area (sq ft)
Permit threshold (sq ft)
Open-sided limit (sq ft)

Example with round numbers, not a real property. The 400 and 700 square foot figures are from Section 105.5 of the 2024 IFC. Source: codes.iccsafe.org

Example: six fabric layouts at a hotel and whether Section 105.5 requires an operational permit. Round numbers, not a real property.
Layout	Area (sq ft)	Permit threshold (sq ft)	Open-sided limit (sq ft)	Permit under Section 105.5
10 x 10 cabana with drops	100	400	700	Not required
20 x 20 shade tent	400	400	700	Not required
20 x 30 open-sided tent with 12 ft clearance	600	400	700	Not required (open-sided exception)
20 x 30 tent with sidewalls down	600	400	700	Required
Two 20 x 30 open-sided tents with no fire break	1,200	400	700	Required
40 x 60 event tent	2,400	400	700	Required

Source: codes.iccsafe.org

The 20 by 30 tent shows how sidewalls change the answer. With all sides open and 12 feet clear around it, the 600-square-foot tent falls under the exception. With the sidewalls down, the exception no longer applies and the tent is over the 400-square-foot threshold. Two open-sided tents set edge to edge make 1,200 square feet without a fire break, over the 700-square-foot limit.

For the 40 by 60 event tent, suppose the fire code official sets an occupant load of 150 for a seated dinner. Table 3103.11.2 calls for two exits, each at least 72 inches wide. The 0.2-inch rule gives a total of 30 inches, so the table governs. At 150 people the tent also needs exit signs, a floor plan with the permit application, and exit lighting of at least 1 foot-candle at floor level.

What to ask before you order

Ask the supplier for the manufacturer’s NFPA 701 certificate for the exact fabric and color, covering sidewalls and drops as well as the roof, and confirm the label information Chapter 31 lists will be sewn or fixed to the product. The flammability guide covers the related rules for cushions and hung fabrics.
Before the season, send the fire code official the product’s dimensions, whether its sides close, where it will stand and how long it will stay up, and ask which edition of the IFC is in force and whether a local amendment changes the 400 or 700 square foot figures.

Caveats

This article describes the model text of the 2024 IFC. Many jurisdictions enforce an earlier edition or amend the permit thresholds. The fire code official decides whether a cabana or umbrella counts as a tent and sets each structure’s occupant load. Fabric structures on a building, deck or balcony fall under the International Building Code’s rules for permanent membrane structures, which this article does not cover. For a specific property, ask the local fire code official or a code consultant.

Cushioned seats on college dormitory decks and balconies must stay under 80 kW in a fire test, the International Fire Code says

Wed, 28 Oct 2026 08:46:11 -0400

Section 805 of the International Fire Code (IFC), the model fire code that states and cities adopt with their own amendments, sets fire tests for newly introduced upholstered furniture in college and university dormitories, and it extends that rule outdoors. The 2024 edition says: “The requirements of Sections 805.4.1 through 805.4.2.3 shall apply to college and university dormitories classified in Group R-2, including decks, porches and balconies.” A cushioned lounge chair on a residence hall balcony must resist ignition by a cigarette, release no more than 80 kilowatts (kW) of heat at its peak in a full-scale burn test, and carry a label from an approved testing agency. The 2027 IFC, which the International Code Council has posted on its Digital Codes site, keeps the same text. Both editions were checked October 28, 2026.

The flammability guide covers the federal standard, the other settings in Section 805 and the tests for tents and cabanas. This note covers dormitory decks and what a buyer has to ask for.

What Section 805 requires

The dormitory rule has three parts.

Requirements for newly introduced upholstered furniture in college and university dormitories, including decks, porches and balconies, under Section 805.4.1 of the 2024 and 2027 International Fire Code.
Requirement	Test	Limit in the code	Sprinkler exception
Cigarette ignition	NFPA 261 on a mock-up of the cover and filling	Char length no more than 1.5 inches	None
Cigarette ignition (alternative)	NFPA 260 on the components	Class I	None
Peak heat release	ASTM E1537 or California TB 133 on the whole item	No more than 80 kW	Spaces protected by an NFPA 13 system under Section 903.3.1.1
Total heat release	ASTM E1537 or California TB 133 on the whole item	No more than 25 MJ in the first 10 minutes	Spaces protected by an NFPA 13 system under Section 903.3.1.1
Label	Label of an approved agency	Confirms the cigarette and heat release results	None

Source: codes.iccsafe.org

The first part is a smolder test. Under NFPA 261, a lab places a lit cigarette on a mock-up of the cover and filling and measures the char, which may run no more than 1.5 inches. NFPA describes NFPA 261 as a way to measure how resistant those mock-ups are to smoldering cigarettes. The alternative, NFPA 260, tests the components and classes them, and the code accepts Class I.

The second part is an open-flame test of the whole item. ASTM E1537 burns a complete piece of furniture under a propane burner and measures the rate of heat release, which ASTM calls the most important result because it shows how intense the fire becomes. A kilowatt here measures how fast the burning item gives off heat, and a megajoule (MJ) measures the total heat it gives off. The code allows a peak of 80 kW and a total of 25 MJ in the first 10 minutes. ASTM says a burner flow of 13 liters a minute for 80 seconds, equal to 19.3 kW, approximates five crumpled sheets of newspaper burning on the seat cushion. The standard says it does not apply to ignition by cigarettes, the case the first test covers.

The third part is the label of an approved agency confirming both results. The IFC defines an approved agency as a testing, inspection or certification organization that the fire code official has approved.

The code also accepts California Technical Bulletin 133 for the heat release test. California repealed TB 133 effective January 22, 2019, according to SGS, a testing company.

Who the rule reaches

The IFC defines a dormitory as a space with group sleeping accommodations for people who are not members of the same family, under joint occupancy and single management, and it names college dormitories and fraternity houses as examples. Section 805 lists dormitories in Group R-2 alongside three institutional settings: Group I-1, Condition 2 facilities, Group I-2 occupancies and ambulatory care facilities, and Group I-3 detention facilities. An apartment complex leased to students that is not classified as a dormitory falls outside Section 805, as does a hotel pool deck.

The rule applies to “newly introduced” furniture. Chapter 8’s scope says existing buildings must meet Sections 803 through 808, so a replacement order for a 30-year-old residence hall is covered the same way as furniture for a new one.

16 CFR Part 1640, the Consumer Product Safety Commission’s flammability rule for upholstered furniture, defines its subject as seating furniture “intended for indoor use.” A chair sold as outdoor furniture can fall outside the federal rule and still be covered by Section 805 on a dormitory balcony.

The sprinkler exception

Both heat release limits carry an exception for upholstered furniture in rooms or spaces protected by an approved automatic sprinkler system installed under Section 903.3.1.1, which is the NFPA 13 standard. The cigarette test and the label have no exception.

Some residential buildings use a different system. Section 903.3.1.2 lets Group R buildings of four stories or fewer above grade plane, within set height limits, install sprinklers under NFPA 13R, the residential standard. In a 13R building, Section 903.3.1.2.1 calls for sprinklers on exterior balconies, decks and ground-floor patios of dwelling and sleeping units in Type V construction with a roof or deck above, and in one other construction case. The heat release exception in Section 805 names only Section 903.3.1.1.

How the Section 805.4 requirements read for upholstered seating in four settings, from the text of the 2024 IFC. The adopted local code and the fire code official decide each case.
Where the seat goes	Cigarette ignition test	Heat release limits	Agency label
Dormitory balcony or deck protected by an NFPA 13 system	Required	Exception applies under the code text	Required
Dormitory balcony or deck in a building with an NFPA 13R system	Required	The exception names NFPA 13 systems only; ask the fire code official	Required
Dormitory porch or deck with no sprinkler protection	Required	Required	Required
Patio of an apartment building that is not a dormitory	Not covered by Section 805	Not covered by Section 805	Not covered by Section 805

Source: codes.iccsafe.org

A worked example

This example uses round numbers and describes no real product or campus. A university orders 80 pieces of upholstered seating for the balconies and a ground-floor porch of a residence hall. The porch has no sprinkler protection. The supplier sends ASTM E1537 reports for each model, and every model has passed NFPA 260 at Class I.

In the example, two of four models exceed the 80 kW peak

Worked example: peak rate of heat release in an ASTM E1537 test, by model, against the Section 805 limit

Peak heat release (kW)
Peak limit (kW)

Example with round numbers, not real products. The 80 kW peak and 25 MJ total limits are from Section 805.4.1.2 of the 2024 IFC. Source: codes.iccsafe.org

Example: test results for four upholstered models on a dormitory order, against the Section 805 limits. Round numbers, not real products.
Item	Quantity	Peak heat release (kW)	Total heat in first 10 minutes (MJ)	Peak limit (kW)	Total limit (MJ)	Result
Cushioned dining chair	40	40	10	80	25	Meets both limits
Cushioned lounge chair	20	60	15	80	25	Meets both limits
Chaise with a 4-inch pad	10	90	20	80	25	Over the peak limit
Deep-seating sofa	10	120	30	80	25	Over both limits

Source: codes.iccsafe.org

The 40 dining chairs and 20 lounge chairs meet both limits and can go anywhere in the building, the porch included, provided they carry the agency label. The 10 chaises pass the 25 MJ total but peak at 90 kW, and the 10 sofas exceed both limits. Those 20 pieces, a quarter of the order, can go only where the fire code official accepts the NFPA 13 exception. On the unsprinklered porch they need to be swapped for passing models, or the maker needs to change the filling or cover and retest.

What to ask before you order

Ask the campus fire marshal or the local fire code official which edition of the IFC the jurisdiction has adopted, whether it amended Section 805, and whether the balconies and porches on your building count as protected under Section 903.3.1.1.
Ask the supplier for the NFPA 260 or NFPA 261 report and the ASTM E1537 report for each upholstered model, with the peak kW and total MJ figures, and confirm that the product will ship with the approved agency’s label.
Check that the report covers the cushion, cover and filling actually on the order. A change of fabric or foam can change the result.
Keep the reports with the purchase file, since the rule applies again each time furniture is replaced.

Caveats

The IFC is a model code. It has force only where a state or city adopts it, and an adopting jurisdiction may amend Chapter 8 or keep an older edition. This note describes the text of the 2024 and 2027 editions and does not say how any jurisdiction applies it. Whether a sling or strap seat with a thin pad counts as upholstered furniture is a question for the fire code official. The example’s test results are invented to show the arithmetic. For a decision on a particular building, the fire code official and the project’s code consultant are the people to ask.