Primary vs Secondary Egress in Mixed Use circa 1852 Building

[Resident Artist]

Hi All,

Two years ago we purchased a 150 year old three story 'brownstone' in a popular tourist town. The front half of the shotgun lot (16' x 120') contains the 3-story brownstone with our retail art gallery on the main floor. On the back half of the lot, and attached to the 3-story building, is a 16' x 40' 1-story shop I use for making the glass art we sell in the gallery. The top two floors of the main building is our primary single-family residence. The second story of the main building is the first level of our residence and opens to the roof of the back 1-story building, where we plan to add our future entertaining open air deck. The only stairs to the second floor residence are original to the 1852 building, located toward the back of the gallery/retail space, enclosed with a fire door and 2-hour rated walls.

To preserve the two parking stalls behind the back building (off-street parking spaces are a premium in this town) and for security, the original plan was to consider the roof a secondary egress with a fire escape ladder off the back. Our contractor thought we could use the stairs from the residence into the gallery as our primary egress because we own and operate both the commercial space and the residential space, and only if we leased out the gallery/shop would we need a separate primary egress from the residence off the back roof. The city inspector said, to his knowledge it doesn't matter, we can't have a primary egress through a commercial space even if it's our commercial space and operationally our primary egress, that we have to build a primary egress staircase off the back. But he's been helpful and easy to work with, and he's open if anyone has any different information.

 

[classicT]

Looks like you double posted this. primary-secondary-egress-in-mixed-use-building.34317/

From your post, I'm not really seeing a question... so I am going to presume you are looking for confirmation on the inspectors correction item. I'd take note of the following code sections.

1016.2 Egress Through Intervening Spaces​

Egress through intervening spaces shall comply with this section.

1. Exit access through an enclosed elevator lobby is permitted. Where access to two or more exits or exit access doorways is required in Section 1006.2.1, access to not less than one of the required exits shall be provided without travel through the enclosed elevator lobbies required by Section 3006. Where the path of exit access travel passes through an enclosed elevator lobby, the level of protection required for the enclosed elevator lobby is not required to be extended to the exit unless direct access to an exit is required by other sections of this code.
2. Egress from a room or space shall not pass through adjoining or intervening rooms or areas, except where such adjoining rooms or areas and the area served are accessory to one or the other, are not a Group H occupancy and provide a discernible path of egress travel to an exit.
   Exception: Means of egress are not prohibited through adjoining or intervening rooms or spaces in a Group H, S or F occupancy where the adjoining or intervening rooms or spaces are the same or a lesser hazard occupancy group.
3. An exit access shall not pass through a room that can be locked to prevent egress.
4. Means of egress from dwelling units or sleeping areas shall not lead through other sleeping areas, toilet rooms or bathrooms.
5. Egress shall not pass through kitchens, storage rooms, closets or spaces used for similar purposes.
   Exceptions:
   
   1. Means of egress are not prohibited through a kitchen area serving adjoining rooms constituting part of the same dwelling unit or sleeping unit.
   2. Means of egress are not prohibited through stockrooms in Group M occupancies where all of the following are met:
      
      1. The stock is of the same hazard classification as that found in the main retail area.
      2. Not more than 50 percent of the exit access is through the stockroom.
      3. The stockroom is not subject to locking from the egress side.
      4. There is a demarcated, minimum 44-inch-wide (1118 mm) aisle defined by full- or partial-height fixed walls or similar construction that will maintain the required width and lead directly from the retail area to the exit without obstructions.

1016.2.1 Multiple Tenants​

Where more than one tenant occupies any one floor of a building or structure, each tenant space, dwelling unit and sleeping unit shall be provided with access to the required exits without passing through adjacent tenant spaces, dwelling units and sleeping units.

Exception: The means of egress from a smaller tenant space shall not be prohibited from passing through a larger adjoining tenant space where such rooms or spaces of the smaller tenant occupy less than 10 percent of the area of the larger tenant space through which they pass; are the same or similar occupancy group; a discernible path of egress travel to an exit is provided; and the means of egress into the adjoining space is not subject to locking from the egress side. A required means of egress serving the larger tenant space shall not pass through the smaller tenant space or spaces.​

 

[Resident Artist]

I think my first time posting this here was to the wrong section. This section was recommended from a user on another forum.

Illinois. No one has lived above the retail space since the early 70's. When we started the renovation we cut a large floor section out to make for an open 2-story loft, which got us around the need for a 3rd floor fire escape. The second floor has a stair to the gallery and a door to the roof of the back building. Our hope was this could be a secondary egress, not a primary egress.

I agree I could have been more clear about exactly what I'm asking: Can we use the egress that runs through our commercial retail gallery as a primary egress, or are we barred by code from using this as a primary egress even though we own and operate both the residence above (single family, just my wife and I) and the retail main-floor space for our home and business?

 

[Resident Artist]

As to 1016.2, our current egress stairway opens to the main-floor gallery and gives us unobstructed access to the front door (through the art gallery space), and unobstructed exit through the shop space in back. Neither would be a greater hazard space,

 

[classicT]

I think my first time posting this here was to the wrong section. This section was recommended from a user on another forum.

Illinois. No one has lived above the retail space since the early 70's. When we started the renovation we cut a large floor section out to make for an open 2-story loft, which got us around the need for a 3rd floor fire escape. The second floor has a stair to the gallery and a door to the roof of the back building. Our hope was this could be a secondary egress, not a primary egress.

I agree I could have been more clear about exactly what I'm asking: Can we use the egress that runs through our commercial retail gallery as a primary egress, or are we barred by code from using this as a primary egress even though we own and operate both the residence above (single family, just my wife and I) and the retail main-floor space for our home and business?

Couple finer points to make.

This is not a single-family residence in all likelihood. It is a mixed occupancy building - Group R-3 over Group A-3 from what I can tell.

It is indeterminate right now if a change of occupancy has occurred - I highly suspect that there is. If so, I'd make special note of IEBC Section 1004. This would require fire sprinklers - a full NFPA 13 system at that.

Regarding level of hazard, for MOE, A-3 is a higher hazard than R-3 (Table 1011.5). Same for heights and area (Table 1011.6), although that doesn't really apply here.

Is there an architect involved in this project? If not, there needs to be one. This is not a simple undertaking - depending upon floor area and occupancy loads, the means of egress can be significantly underserved.

 

[bill1952]

classic-t - would the under 1000 sf gallery have to he A3? Seems like mercantile or business.

Artist - I'm guessing gallery is at most 16 x 60 - is it all display or some storage/office/not open to public space? I know for an opening you want many people, but can you guess how many? or easily over 50? typical gallery opening with food and drink and people standing?

And the roof top - 640 sf - what's its use and is it only used in conjunction with gallery, like an extension of that space for social functions, or a separate use?

Feels like a small building with small rooms. Curious if it's masonry construction with thick walls.

I concur with Classic T on value of an architect on this. I've worked as a consultant for a bunch of architects throughout IL. Don't hesitate to reach out.

 

[Resident Artist]

We did use an architect, and plans were approved by the city before we started demolition and rebuilding.

Gallery is 16x38, with a 16x18 desk/checkout/packaging table area with boxing/packing/shipping supplies on shelving. These spaces are separated by a half-curtain so we can still view the gallery while packaging and checking out customers. Essentially a single room. All side walls are shared, multi-course brick (three layers, I believe).

When we bought the building, the middle floor was a single unit apartment (1-bedroom, 1-bath), primarily accessed via the back roof and stairs off the back. It had been long abandoned (since early 70's?) and in serious decay.

We were granted a permit to remove 23' off of the back 1-story building, which also removed the back stairs (both were in serious disrepair) to make two off-street parking stalls, leaving about 600sq/ft of roof. The shop below is a single open room. This roof above the shop is level with the floor of the 2nd floor, and slated to be a deck for the residence.

The top/3rd floor was unfinished empty storage, likely not used in 70-100 years. We gutted both two upper floors to the bare brick and open joists, and made a 10x13' floor opening between them with a large spiral stair, and the city allowed that stair to be bedroom egress to the middle floor. No 3rd floor fire escape required. Aside from the bedroom/closet/bath on the 3rd floor and a half-bath on the 2nd floor, it's an open floor plan with the top two floors at about 1,500sq/ft finished space combined, 1-bedroom, 2-bath, single family.

 

[classicT]

classic-t - would the under 1000 sf gallery have to he A3? Seems like mercantile or business.

If the gallery has an occupant load less than 50, Section 303.1.1 would apply and the space could be classified as Group B.

 

[classicT]

If the gallery has an occupant load less than 50, Section 303.1.1 would apply and the space could be classified as Group B.

Gallery is 16x38, with a 16x18 desk/checkout/packaging table area with boxing/packing/shipping supplies on shelving.

16*38=608
608/30=21 occ.

16*18=288
288/150=2 occ.

23 occupants total given the provided info. Applying 303.1.1 seems applicable, meaning main level is Group B.

 

[bill1952]

Since lot is 16', guessing only 14' or so inside, so even smaller I think.

But what is roof deck? Party space? "Entertaining" for residence or business? Might claim it's part of the R occupancy, not the B part.

I don't understand "fire escape" unless original to building perhaps, and wonder about common path of egress travel in these occupancies. I only know Assembly.