Appeal 33422
Appeal Summary
Status: Decision Rendered
Appeal ID: 33422
Submission Date: 8/12/24 10:51 AM
Hearing Date: 8/21/24
Case #: B-001
Appeal Type: Building
Project Type: Commercial
Building/Business Name: Maitripa College / Tara School
Appeal Involves: occ Change from B to E
Proposed use: Daycare within existing College
Project Address: 1632 SE 11th Ave
Appellant Name: Nate Ember
LUR or Permit Application #: Permit 24-013420-CO
Stories: 2 Occupancy: B, E Construction Type: VB
Fire Sprinklers: Yes - full NFPA 13
Plans Examiner/Inspector: Chanel Horn
Plan Submitted Option: pdf [File 1]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | OSSC 1004.5 Areas Without Fixed Seating, Table 1004.5 Maximum Floor Area Allowances per Occupant |
|---|---|
| Requires | The number of occupants shall be computed at the rate of one occupant per unit of area as prescribed in Table 1004.5. For areas without fixed seating, the occupant load shall be not less than that number determined by dividing the floor area under consideration by the occupant load factor assigned to the function of the space as set forth in Table 1004.5. Where an intended function is not listed in Table 1004.5, the building official shall establish a function based on a listed function that most nearly resembles the intended function. |
| Code Modification or Alternate Requested | To reduce the total building occupant load based on a reasonable understanding that some spaces within the building will only be used by occupants who move from one area (classroom space) to another (play area) such that these loads would not be simultaneous / cumulative. |
| Proposed Design | The proposed change of occupancy involves classroom space for daycare use; these spaces determine the total E occupant load. An existing warehouse space is proposed for indoor play space, and although the occupant load / density is considered in these spaces for the purposes of egress compliance, the occupant load in the play space are not cumulative in the overall building occupant load since the students who use it will be the same students who are already accounted for in the classroom calculations (excluded from simultaneous use). This is also consistent with state regulations for child care services through DELC. |
| Reason for alternative | This alternate is based on our understanding of a reasonable proposal to the building official per the code exception, consistent with historic approvals for similar circumstances. It enables reasonable use of an existing space for much-needed child care, and the resulting occupant loads align with the intended licensing capacity of 30 students. |
Appeal Decision
Allow for a reduced occupant load due to non-simultaneous use: Denied. Proposal does not provide equivalent fire and life safety.
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