Appeal 34809

IBC 102.6

The legal occupancy of any structure existing on the date of adoption of this code shall be permitted
to continue without change, except as otherwise specifically provided in this code

The Fire Marshal has asked PP&D to clarify the Occupancy of the building. For the past 100 years, the building has been used in
the same manner - what would currently be designated as A2: Large Assembly with food and drink served. Beginning in 1984 under
the UBC, the building has been mis-categorized as A3. Under the UBC it was an A2 Occupancy. The A3 designation has been carried forward through multiple renovation Permits through the years even though the building has always been used as A2.

Regardless of the label placed on the Use, the building had operated in the same way, hosting large and small events with food and drink
served, since the 1920's; before there ever was a UBC or IBC. Currently, the building does not meet the smoke detection / fire alarm / fire
sprinkler requirements of an IBC A2 occupancy. However, IBC 102.6 allows the continued use as operated - a "Nonconforming A2"

Though not required by IBC 102.6, the Owner is willing to add smoke detection and monitored fire alarm at this time and will provide
dedicated staff for Fire Watch for events with over 500 occupants which is the Fire Marshals main concern.

The Owner wishes to operate as safe a venue as possible and there has never been an incident involving life safety in the building.
However, the impact to the business operations having to be shut down during the Covid-19 pandemic has left the Owner without funds
to add sprinklers. It should be noted that prior to purchasing the building in 2016, the Owner met with BDS and was told that sprinklers
were not required to be added to continue business operations in the same manner.

It should be noted that IBC 102.6 does not require any modifications to be made and the smoke detection, fire alarm, and fire watch will all provide a significant improvement in occupant Life Safety.