Appeal 34912

Table 24.85-B

No seismic upgrade required if no more 149 occupants are added.

Allow occupant load of adjoining daytime tenant to be used by nighttime tenant.

A proposed renovation of an existing bar includes adding new patron space in the basement of the building. Per permit 2016-156037-CO the current total number of occupants in the building is 249 which is an increase of 29 occupants from the pre-2004 condition of 220 occupants. However, that permit did not include basement floor area of 6,500 sf of storage, so 22 occupants should be added to the baseline, bringing the total pre-2004 baseline to 242 occupants. The permit currently under review proposes increasing the number of occupants by 120 for a total of 149 additional occupants from the pre-2004 condition. The total proposed occupant load for the building would then be 242 +149 = 393 occupants. These occupant numbers include the adjacent retail tenant in the building, which is not part of the current permit. That retail tenant comprises 150 occupants per the 2016 permit. Appellant proposes to add that 150 occupants to the proposed bar tenancy because the retail tenant is never in operation during the hours that the bar is open. A sign will be posted in the basement of the bar stating “Maximum Occupancy 127 before 6:00 pm, Maximum Occupancy 277 between the hours of 6:00 pm and 3:00 am”.

The retail tenant’s hours are 10:00 am to 6:00 pm seven days a week. The bar’s hours are 8:00 pm to 2:00 am seven days a week. The two tenant spaces are never occupied at the same time. Under the proposed occupant count transfer, the maximum total occupants of the building will remain 393. During the day the occupants are divided between the two tenants, but in the evening all occupants will be in the bar. Since the occupant load remains 393 then no seismic upgrade should be triggered per Title 24.85. The proposal provides equivalent fire and life safety.

1011.2

Minimum stair width of 44”. Handrails may encroach 4.5” per 1014.8.

To legalize an existing non-conforming stair.

There is an existing non-conforming stair in the basement that the tenant would like to legalize. It is divided into 3 sections noted as Stair 1, Stair 2 and Stair 3 on the enlarged plan. Stair 1 meets code requirements. Stair 2 is 36.5” wide at the top riser, and has 28.5” clear between top handrail extensions, which represents a handrail encroachment of 4” each side. Appellant requests that this stair be allowed to remain and be used as an additional access path. Stair 3 is 30.5” wide at the top riser, and has 23.5” clear between top handrail extensions. Appellant requests that this stair be allowed to remain and be used as an additional access path.

Per 1005.3.1, 277 proposed occupants divided by 2 exits = 139 occupants per exit. Multiplied by 0.3 for stair capacity = 40.8” required stair width. Therefore 44” width required, = 35” between handrails once handrail projection is considered. Stair 1 meets code requirements and is the primary access path. Appellant requests that Stair 2 be allowed to remain and be used as an additional access path. Appellant further requests that Stair 3 be allowed to remain and be used as an additional access path.

1014.9

Intermediate handrails required.

To legalize an existing non-conforming stair.

See Enlarged Plan. Stair 1 and Stair 2 meet the requirement at the top of each stair but not at the bottom due to the stair runs getting wider at the bottom. If an intermediate handrail is added then exit width will not be achieved at the top of each stair. The average distance between handrails at Stair 1 is 5’-8”. The average distance between handrails at Stair 2 is 5’-1”. Appellant requests that intermediate handrails not be required at these stairs.

There is no reasonable way to provide intermediate handrails for these stairs. In fact, there is no way to meet code for any straight stair where the distance between handrails is between 5’-0” and 6’-8”. The proposed design provides equivalent fire and life safety compared to such a stair.

Table 1020.3

44” minimum corridor width.

To allow 36” clear width at a non-egress path.

See Enlarged Plan. The bottom handrail extension between Stair 1 and Stair 2 is 36” from a 3’ high knee wall.

This area is not part of an egress path. Because the narrow width occurs only below 36”, shoulder room is equivalent to a 44” path. The proposal provides equivalent fire and life safety.