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Is roof deck a "story"? CBC 1009.2.1 AMOE elevator

I would agree. The building is not a 5-story building, and the elevator would not be required to be one of the accessible means of egress. An occupied roof is not a story, but it is a floor. So, if the code were to state "four or more floors above or below a level of exit discharge," it would be a different story.
The plan checker is now saying that because my exit stairs from the roof deck is enclosed (4 walls + roof), the top landing of the stairs itself constitutes "floor area" and thus the roof level needs an AMOE elevator on standby power… to serve a stair landing…?
 
Tell the plans examiner, "Nice try, but no."

There are two problems with the examiner's logic:
  1. Section 1011.12 requires buildings of four stories or more to have a stairway to the roof. Thus, by the examiner's logic, almost every four-story building or taller would automatically be one story taller than they planned.
  2. The stairway enclosure is a vertical shaft opening through the floors and roof. Section 1510.2 permits rooftop structures called penthouses, which are considered part of the story below and not a separate story. Section 1510.2.2 limits the use of a penthouse to those mentioned, and the enclosure of vertical shaft openings is one of them. The aggregate area of all penthouses cannot exceed 1/3 of the roof area, and I doubt a stairway enclosure will do that.
 
4 story apartment building, with open-to-the-sky roof deck at 5th level. First story is ground floor = level of exit discharge.
Only enclosed space at 4th level are the exit stairwells and the elevator.
View attachment 9256

CBC/IBC 1009.2.1 requires an elevator to be an accessible means of egress "in buildings where a required accessible floor is 4 or more STORIES ABOVE the level of exit discharge"; and CBC 1009.4.1 requires emergency power for operation, which triggers a very expensive generator for this project.

But does the roof deck meet the definition of a "story" if it is open to the sky, with no roof or ceiling or floor surface above it?

View attachment 9257
View attachment 9258

I contend our 4th level roof deck is not "4 stories above level of exit discharge (LOED)", because it stacks like this:

  • 5th level roof deck doesn't qualify as a CBC 202 definition of "story", because it has no roof above it (except at the unoccupied stairwells and elevator shaft); so I'm saying it is 3 "stories above LOED".
  • 4th level/story apartments = 3 stories above LOED.
  • 3rd level/story apartments = 2 stories above LOED
  • 2nd level apartments = 1 story above LOED
  • 1st/ground floor apartments = on-grade, AT LOED.
Thoughts?
Can you install a sign at the access to the roof that says: "Access to the roof is for Maintenance workers only"
I think that should do it.
 
If the roof deck/floor is accessible and useable by all via the elevator then in the event of an emergency you must be able to egress it, no?
 
Tell the plans examiner, "Nice try, but no."

There are two problems with the examiner's logic:
  1. Section 1011.12 requires buildings of four stories or more to have a stairway to the roof. Thus, by the examiner's logic, almost every four-story building or taller would automatically be one story taller than they planned.
  2. The stairway enclosure is a vertical shaft opening through the floors and roof. Section 1510.2 permits rooftop structures called penthouses, which are considered part of the story below and not a separate story. Section 1510.2.2 limits the use of a penthouse to those mentioned, and the enclosure of vertical shaft openings is one of them. The aggregate area of all penthouses cannot exceed 1/3 of the roof area, and I doubt a stairway enclosure will do that.
In Philly, we call that a Roof Access Structure, if it ONLY has the Stairs

Seems if this roof area is a Commercial A / Assembly area then you would need to look at the the number of people and other Life Safety issues
 
No.
See code in post #1.
I should clarify my previous post #29. The roof deck is provided with exit stairs as described in post #1.
But the CBC does not always require an AMOE to be via an elevator. It can be via stairs. It can be via an area of refuge. There's many components available, see CBC 1009.2.
The AMOE only needs to be an elevator when the level served is 4 or more STORIES above the level of exit discharge. The purpose of this thread is to determine whether a roof deck that is open to the sky is considered a story, and whether the stair penthouses that serve it are considered a story.
 
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