Appeal 33602

302.1 Occupancy Classification

Occupancy classification is the formal designation of the primary purpose of the building, structure or portion thereof. Structures shall be classified into one or more of the occupancy groups specified in this section based on the nature of the hazards and risks to building occupants generally associated with the intended purpose of the building or structure. An area, room or space that is intended to be occupied at different times for different purposes shall comply with all applicable requirements associated with such potential multipurpose.

Classify commercial kitchen under 2,500 SF as F-1 use.

A commercial kitchen of approximately 2,000 including accessory storage for a walk-in cooler and freezer is intended to serve as a prep kitchen to support restaurant service at 4 off-site locations. This facility will also process all catering orders. Intended use includes preparation of sauces, batch-cooked proteins, sides, and other food items primarily consumed offsite at the other restaurants.

The project proposes a small-scale counter-service restaurant for pick up orders with limited on-site seating. Food items ordered at this location will be prepared on-site within the commercial kitchen. The split between dine-in vs take-out orders is unknown, but the expectation is that a majority of orders will be consumed off site.

The remainder of the project will host offices to support finance, human resources, and operations for all restaurant operations associated with the restaurant chain.

See Exhibit 1 for the proposed layout of occupancy spaces and classification. A maximum of 49 occupants is proposed for the space to allow a single restroom under Chapter 2902.2 Exception 4.

Note that this layout is preliminary and intended to vest the classification of this type of kitchen as F-1 use prior to a purchase and sale agreement for the property. A complete FLS analysis meeting the conditions of approval will be submitted for building permit review.

The IBC classifies "food processing establishments and commercial kitchens not associated with restaurants, cafeterias and similar dining facilities" as B-Business occupancy under 2,500 SF and F-1 Moderate-Hazard Factory Industrial over 2,500 SF. Kitchens associated with restaurants are classified as A-2, unless classified as B under exception 303.1.1 or 303.1.2 for small buildings and tenant spaces with less that 50 persons or assembly spaces under 750 square feet. The existing building is 3,600 SF and the proposed total occupant load is less than 50 persons, allowing a B-Business Occupancy. However, the anticipated use of large food preparation equipment including: a combi oven, large kettles, a large scale mixer, griddle & high capacity fryers requiring Type 1 hoods, to support multiple off site locations more closely matches the risk category of F-1 occupancy.

From reading the code commentary, it is understood that this square footage limit is to help reflect the relative risk of food preparation activities with the assumption that kitchens over 2,500 are more likely to contain more industrial grade processes and higher risks from cooking oils, larger equipment and assumed larger capacity production. Food preparation areas classified as B/F-1 when not associated with restaurants or classified as A-2/B when associated with restaurants were adopted within the 2014 OSSC/2012 IBC Code Cycle following clarification from the ICC (Exhibit 3). This provided clarification on the classification of food preparation areas, including the ambiguous footnote d within Table 508.4 exempting a fire rating in non-separated occupancy buildings when a food preparation area not classified as A-2 in a restaurant that it serves. Note that the language adopted within the 2014 OSSC cycle is the same under the current cycle. The code language prior to this clarification was in place during the 2004 OSSC; used to establish criteria for Title 24.85.

The project seeks to have the primary intent of the project - to support catering and multiple offsite restaurants - reflected as F-1 commiserate with the equipment and relative risk of that use. The building was historically an auto mechanic's shop (Exhibit 2) with a F-1 occupancy. Classification as either a B-occupancy - either as a tenant space with under 50 total persons under OSSC 303.1.1 - or as a commissary kitchen under 2,500 SF - reflects a relative hazard class classification, potentially triggering a seismic upgrade given the very small building size of 3,600 sf.

The intended use more closely reflects the risk and hazards of the F-1 classification under the 2022 OSSC, while also matching the anticipated classification of the spaces under the 2004 OSSC for food preparation.