Appeal 34972
Appeal Summary
Status: Decision Rendered
Appeal ID: 34972
Submission Date: 9/15/25 12:48 PM
Hearing Date: 9/24/25
Case #: B-1
Appeal Type: Building
Project Type: commercial
Building/Business Name: McGuirl Designs & Architecture
Appeal Involves: Alteration of an existing structure
Proposed use: Daycare
Project Address: 8010 N Charleston
Appellant Name: James Casey McGuirl
LUR or Permit Application #: Permit 25-056461-CO
Stories: 2 Occupancy: A-3, B, E, S-1 Construction Type: V-B
Fire Sprinklers: No
Plans Examiner/Inspector: Chanel Horn
Plan Submitted Option: pdf [File 1]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | 1020.3 |
|---|---|
| Requires | Group E occupancy with an occupant load of 100 or more requires a 72-inch corridor width |
| Code Modification or Alternate Requested | Reduction in corridor width for a small portion of the corridor. |
| Proposed Design | • Our existing corridors exceed 72 inches, except for a specific section where an existing staircase descends into the basement and an existing brick flue reduces the width. |
| Reason for alternative | • Due to financial constraints, we propose to leave the existing stairs and flue in place. These stairs are critical for staff use and impact the day-to-day health and safety operations of the daycare. |
Appeal item 2
| Code Section | 903.2 |
|---|---|
| Requires | Group A-3 and Group E occupancies require a sprinkler system when the fire area is located on a floor other than a level of exit discharge serving such occupancies. |
| Code Modification or Alternate Requested | Request to not install a sprinkler system. |
| Proposed Design | The existing structure has a basement level and a first floor level. As per permit #234466 and actual field conditions, the first floor is located approximately 5'0" above grade plane, and the basement is located approximately 5'6" below the grade plane. The proposed design for the first floor level is to utilize the existing three exits and add two additional exits, all of which use exterior stairs and/or an exterior ramp to access the public right-of-way. The proposed exit design for the basement level will not change from the previously approved permit #456377, with 2 exits on this level that use exterior stairs to access the public right-of-way. |
| Reason for alternative | • We believe that both the basement and the first floor serve as levels of exit discharge. |
Appeal item 3
| Code Section | 903.2.3 |
|---|---|
| Requires | An automatic sprinkler system is required when a fire area is located on a floor other than a level of exit discharge. |
| Code Modification or Alternate Requested | Request to not install a sprinkler system. |
| Proposed Design | A proposed mezzanine that conforms with 505.2 is located within one of the classrooms. |
| Reason for alternative | Per 505.2, a mezzanine is not considered an additional story and is considered a portion of the story below. According to the IBC code commentary, these types of mezzanines do not contribute significantly to a building's inherent fire hazard, which is why they are considered part of the story below. As it relates to 903.2.3, the mezzanine should contribute to the overall maximum square footage of the fire area and maximum occupant load, but should be considered as part of the first floor as defined under 505.2 |
Appeal Decision
Item 1. Allow a corridor width less than the required 72": Granted as proposed.
Item 2. Determination of two levels of exit discharge: Granted as proposed.
Item 3. Allow 210 sf mezzanine without the installation of a fire sprinkler system: Granted as proposed.
The Administrative Appeal Board finds that the information submitted by the appellant demonstrates that the approved modifications or alternate methods are consistent with the intent of the code; do not lessen the health, safety, accessibility, life, fire safety or structural requirements; and that special conditions unique to this project make strict application of those code sections impractical.