Assembly (A-2) Occupancy Approval — Certificate of Occupancy with Posted Occupant Load (50+ people): Austin restaurant guide
City of Austin DSD / Austin Fire Department
What it is
Under the fire code Austin applies, a space holding 50 or more people is a public assembly (A-2 for a restaurant or bar). Your Certificate of Occupancy must list that assembly use and occupant load, which drives exit count and width, exit signs and emergency lighting, panic hardware, sprinkler and alarm triggers, and the AFD Fire Final. There is no separate 'assembly permit' — the CO and the AFD inspection are the approval.
When a restaurant needs it
Any restaurant, bar or venue designed for 50 or more occupants (seats plus standing/queue/staff as calculated under the building code).
How to apply
Your architect shows the A-2 occupancy and occupant-load calculation on the building-permit plans; DSD and AFD review it, AFD performs the Fire Final, and DSD issues the CO. If the existing CO is not an assembly use, it is a change of use.
Documents you’ll need
- Occupant-load calculation on the code sheet
- Egress plan (exits, travel distance, exit widths)
- Fire alarm/sprinkler determination
- Existing CO (to confirm use group)
Good to know
Keep the occupant-load number from the CO posted. Crossing 50 occupants is the single biggest cost jump in a small restaurant build-out (second exit, panic hardware, possibly sprinklers at 100+ or a fire area over 5,000 sq ft) — size the room with your architect before you sign.
Official source
AFD — public assembly = 50 people; CO required for assembly use · DSD — Certificate of Occupancy
Answer a few questions about your space and get every permit in order, with a timeline, a cost range, walkthroughs, and every application filled in for you to sign with Open.
Last reviewed 2026-10-06. Guidance only, not legal advice.