Can an Egress Court have steps in it?

[Yikes]

I have building design where the subterranean garage has an exit door that opens into a 4' wide "well" with a concrete staircase coming up to grade into the 8' wide rear yard. This well and rear yard (and the connecting side yard) form an exit discharge egress court (IBC/CBC 1028) that leads to the street, and is open to the sky

- My plan checker is saying that this exterior well + steps is a type of exterior exit stairway, therefore the edge of the stair should be at least 10' away from the rear property line, quoting IBC 1027.5.
- I say that IBC 1027.5 applies to "THE EXIT" and not to "THE EXIT DISCHARGE".

Who is correct?

 

[RLGA]

It depends on whether or not the parking garage is a basement or a story above grade plane. Refer to the definitions for "grade plane," "story above grade plane," and "level of exit discharge."

If a basement, then the parking garage is not at the level of exit discharge and an exit is required to reach the exit discharge. Therefore, the stairs are considered an exit stairway and must comply with the separation distance or provide protection per interior exit stairways.

If the parking garage is considered a "story above grade plane" by definition, then it would be the level of exit discharge. Per the requirements for an exit discharge, the exit discharge "shall be at grade or shall provide a direct path of egress travel to grade." So if the stairs are a few steps to compensate for a grade level change, then it would be considered part of the exit discharge since they provide a direct path to the grade.