Appeal 34899

508.4

508.4- Building or portions of buildings that comply with the provisions of this section shall be considered as separated occupancies.

Per Table 508.4 A-3 TO B occupancy requires 1 hour separation for sprinklered buildings.

The intent of this appeal is to allow a tenant improvement for a Yoga Studio in the ground floor of a four-story Type IIIB building without requiring separated occupancies.

The proposed design is to build out a tenant improvement for a Yoga Studio in the ground floor of a 4 story building. Occupant load of suite per table 1005.5 Exercise Areas equates to an occupant load of 61. The maximum number of actual occupants in the studio at any one time is expected to be 32 (if 15 students were leaving one class while a subsequent class of 15 was entering + 2 staff members). Per the tenant, students arriving for a later class are asked to not enter until the prior class has exited, so the expectation is that there would normally be no more than 17 in the space at once (15 students + 2 staff.)

The alternative is required because staff has interpreted the Yoga use as closer in line with a Gymnasium (A-3 Occupancy) than a Martial Arts Studio or Gymnastics Studio (B Occupancies). If the Yoga Studio is considered an A-3 occupancy, with more than 49 occupants (per the code tables rather than actual use) the building code requires separated occupancies, due solely to the number of stories. The building otherwise qualifies for non-separated occupancies as it is well within the allowed area and height limitations. The building is relatively new construction (2018/2019) but was not designed for 1 hour separated occupancies as a Mercantile tenant was originally anticipated for the ground floor suite.

Equivalent life safety is provided to what the code would require for a Martial Arts Studio or Gymnastics studio with 61 occupants as the building would qualify for non-separated uses. Similarly, the proposed design also provides equivalent life safety to what the code would require for a Gymnasium (A-3) occupancy if the occupant load were based on actual use vs. tabular values, as it would be 49 or less (as it would then be considered a B occupancy).

The additional story requested without occupancy separation is also mitigated by the fact that the building is 60% of the maximum area allowed for non-separated occupancies, and 10 feet shorter in height than allowed for non-separated occupancies in Type IIIB CLT construction.