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R2, single stair, 3-story: roof deck & penthouse questions

With an occupant load below 50 it would not be an 'assembly occupancy' as the exceptions to assembly occupancy allow it to be classified as a business occupancy or as part of the occupancy of which it is a part (in this case an R-2).
The codes are actually very clear about the questions at hand.
 
1. 3 story building + mezzanine: Put a roof & perimeter guardrails rails over 50% of that 4th floor deck and call it a mezzanine which does not contribute to either building area or number of stories. This will need to be included/added to fire area and sprinkled.
2. yes, you can install a hatch, req. for any equip. access.
3. You do not count the mezzanine as a story, Design the stairs in compliance with interior exit stairway requirements and eliminate the CPET issue.

...have to keep the occupancy <10 or mezzanine required to be open to floor below.

or just redesign you 3rd floor with a mezzanine and stay off the damn roof!
 
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