Two restaurant projects can share the same code requirements, the same municipality, and even the same architect and still end up with wildly different inspection experiences. The restaurant construction project that opens on schedule and the one that stalls at final inspection usually differ in something the code books don't cover: who was in the room when the drawings got made, and how the construction team coordinated the pieces that had to come together before opening day.
Restaurants clear three separate inspection gates in Michigan: the building department's Certificate of Occupancy, the fire marshal's sign-off, and the health department's food service establishment license through the Michigan Department of Agriculture and Rural Development (MDARD). Passing all three is rarely about knowing the code. Most contractors know the code. What separates a smooth opening from a stalled one is how the project was set up and how the construction team communicates with the architect, the equipment supplier, and the inspectors.
Delivery Method Matters Before a Shovel Hits the Ground
The single decision that shapes inspection risk on a restaurant project is the delivery method. It's made before drawings are started, and it determines who has authority over what.
On a Design-Build project, the general contractor and the architect work together from the start. The Design-Builder participates in plan development, reviews drawings against constructability and code compliance, and coordinates Health Department Plan Review and fire marshal requirements before design is finalized. Inspection risk is managed proactively because the same team owns both design and construction. Conflicts get resolved before they become inspection failures.
On a General Contracting (bid) project, the owner hires the architect separately. By the time the GC is brought on, drawings are typically complete and often already submitted for permit and Health Department Plan Review. The GC builds what the architect drew. The GC's authority is different on these projects, and so is what the GC can influence.
A knowledgeable GC working a bid restaurant project will still do everything possible to protect the opening timeline. That looks like:
- Asking the Owner or Architect for a copy of the Health Department Plan Review letter, so any items flagged during review are visible before construction starts
- Flagging conflicts between the drawings and the equipment layout as they surface, and routing corrections back through the architect
- Coordinating the sequencing of inspections so building, fire, and health sign-offs don't block each other
- Communicating clearly with the owner about what the GC can and can't unilaterally fix
Neither delivery method is wrong. But the choice determines what the GC can catch and when. Owners planning a restaurant build should understand that distinction before they sign contracts.
Why Health Department Plan Review Comes First
The single most common sequencing mistake on restaurant projects is treating health department approval as something that happens alongside or after construction. In Michigan, that sequencing doesn't work.
Under Michigan's Public Health Code (Act 368 of 1978), food service establishment plan review through MDARD or the delegated local health department must be complete before construction begins on any food service area. Many municipalities go further and require Health Department Plan Review approval before a construction permit will be issued at all. That means the plans go to the health department first, get approved, and then the construction permit follows.
The FDA Food Code 2022 serves as the model code basis for Michigan's food service facility design requirements. Health departments reference it for floor, wall, and ceiling material requirements, hand sink placement and count, equipment clearances, and plumbing requirements.
Owners and contractors unfamiliar with restaurant work sometimes discover this sequencing partway through construction, when the building department declines to issue permits pending plan review. The delay is entirely preventable and entirely front-loaded.
What the Fire Marshal Inspects at a Restaurant
The fire marshal's inspection focuses heavily on the commercial kitchen hood and the wet chemical fire suppression system above it. NFPA 96 (Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations) is the standard that governs commercial cooking equipment ventilation, and it's not something a general commercial contractor picks up incidentally.
The coordination challenge here isn't about the GC's technical knowledge of the standard. It's about the interaction between three parties: the owner's equipment company (which specifies the cooking equipment and often provides the hood layout), the hood manufacturer (whose specs the suppression system must match), and the construction team (which handles rough-in and installation).
Failures happen when these three don't communicate. A suppression system installed without confirming the hood manufacturer's specifications will fail inspection. Rough-in dimensions that don't match the approved equipment plan will fail. Fire-rated penetrations that weren't properly sealed will fail. Sprinkler head placement that doesn't account for the hood's exhaust path will fail. They are preventable coordination errors.
The fire marshal's sign-off is separate from the building department's Certificate of Occupancy. A restaurant can pass building inspection and still fail fire marshal inspection. Delays at this stage depend entirely on the scope of rework required, and rework on a hood system after finishes are installed is expensive.
What Health Inspectors Check at Opening
Michigan health inspectors work from the FDA Food Code 2022 and any local requirements layered on top. At the opening inspection, they're checking whether the facility can safely operate as approved on the plans.
The most common health inspection failures at opening include:
- Floor drains that are improperly sloped or positioned, or missing from wet areas where code requires them
- Hand sinks missing from required locations or blocked by equipment placement
- Floor and wall materials in the kitchen that don't meet the smooth, non-absorbent, easily cleanable standard
- Hot water heater capacity insufficient for the demand of the operation
- Hand sink water temperature not reaching the required minimum at inspection
- Freezer and cooler temperatures not holding within required ranges when tested
Local health departments add their own requirements, and what satisfies one county may require additional documentation in another. For franchise operators, this is where corporate prototype drawings run into local reality. Prototypes are designed to meet general standards. Local health departments may require details the prototype doesn't include. A knowledgeable Design-Build Contractor flags those discrepancies to the owner and architect early, so the conflict can be resolved on paper rather than in the field.
Assembly Occupancy and ADA Compliance
Restaurants typically fall under Assembly occupancy classification (Group A-2) in the 2021 Michigan Building Code, which is based on IBC 2021 and administered by the Michigan Bureau of Construction Codes. Assembly occupancy carries specific requirements for occupant load, egress width, exit signage, and fire-rated construction that differ from standard commercial classifications.
Common building department failures at final inspection include occupant load calculations that don't match the approved plans, exit door hardware that doesn't meet panic hardware requirements, and egress path obstructions. These usually trace back to changes made during construction that weren't reflected in the approved drawings.
ADA compliance is enforced at the building department level under the 2010 ADA Standards for Accessible Design, which the 2021 Michigan Building Code incorporates. Common restaurant-specific ADA failures include dining area configurations that don't provide the required number of accessible spaces, restroom turning radius and fixture clearances that don't meet standards, and service counter heights that exceed the accessible reach range.
The path-of-travel obligation catches many owners off guard. When a restaurant undergoes construction or renovation, the path of travel to the altered area must also be made accessible. That obligation applies whether the project is a full gut or a kitchen-only remodel.
Sequencing Is Key
Every restaurant project has to clear building inspection, fire marshal sign-off, and health department licensing before the doors can open. These are three separate authorities on three separate timelines. Getting one done doesn't move the others. And a delay in one can block the others.
Building inspections themselves happen at multiple phases: foundation, framing, rough-in, insulation, and final. Any contractor willing to skip or rush interim inspections places significant risk on the owner for shutdown, delays, added cost of completion, and citations. Most contractors won't take that risk. But the sequencing still requires coordination, because a framing issue caught by Mechanical Engineers or Drywallers takes a day or more to fix. Caught after finishes are installed, it takes weeks and costs proportionally.
The health department, fire marshal, and building department don't coordinate with each other. That's the GC's job. Restaurant-experienced contractors know how these pieces stack, which inspection gates block which, and when each authority needs to be scheduled. On a Design-Build project, that coordination starts at the design table. On a bid GC project, the GC coordinates against plans that are already set, which is harder but still possible when the GC has been through it before.
Planning a restaurant build in Michigan? Wolgast has been building commercial projects since 1948, and restaurant construction is one of our specialties. We do both Design-Build and General Contracting for restaurants and know what each delivery method requires to get to opening day.
Frequently Asked Questions
What's the Difference Between Design-Build and General Contracting for a Restaurant?
Design-Build combines architecture and construction under one team. The Design-Builder participates in plan development from the start and coordinates code and inspection requirements before drawings are finalized. General Contracting is a construction-only role. The owner hires the architect separately, and by the time the GC is brought on, the drawings are typically complete. Both delivery methods can produce a successful restaurant build, but they involve the GC at different points and give the GC different levels of authority over design decisions (no access to full access).
Can a Restaurant Open Before All Three Inspections Are Complete?
No. In Michigan, a restaurant cannot legally open until it holds a valid food service establishment license from MDARD or the delegated local health department, and a Certificate of Occupancy from the building department. The fire marshal's sign-off is also required before the Certificate of Occupancy is issued. Operating without these approvals exposes the owner to fines and forced closure.
What Should I Ask a GC Before Signing a Contract for a Restaurant Build?
Ask whether the GC has done restaurant projects in your municipality specifically, how they've coordinated with the local health department before, and how they'll handle any conflicts between the equipment company's layout and the Architect's drawings. Ask whether they can get a copy of the Health Department Plan Review letter from the owner or architect before construction starts, so they know what items were flagged during plan review. A GC who's done Michigan restaurant work will have direct answers to these questions.
What Is MDARD Plan Review and Why Does It Matter for Restaurant Construction?
MDARD is the Michigan Department of Agriculture and Rural Development, which oversees food service establishment licensing under Act 368 of the Public Health Code. Before construction begins on any food service area, the owner must submit plans and a standard operating procedure to MDARD or the delegated local health department for review and approval. Many municipalities won't issue a construction permit until MDARD approval is in hand, and permit timelines vary significantly by Michigan municipality.
Do Franchise Prototype Drawings Satisfy Michigan Health Department Requirements?
Not automatically. Corporate prototype drawings are designed to meet general standards, but local health departments may have requirements that differ from or exceed what the prototype includes. A GC experienced in Michigan franchise restaurant construction reviews the prototype against local requirements as early as possible and flags conflicts before they become inspection failures.
Published July 2026 • Last reviewed July 2026