• Welcome to The Building Code Forum

    Your premier resource for building code knowledge.

    This forum remains free to the public thanks to the generous support of our Sawhorse Members and Corporate Sponsors. Their contributions help keep this community thriving and accessible.

    Want enhanced access to expert discussions and exclusive features? Learn more about the benefits here.

    Ready to upgrade? Log in and upgrade now.

Small Assembly Space with Outdoor Patio - Occupancy Classification A2 or B?

hallro

REGISTERED
Joined
Jul 15, 2021
Messages
4
Location
San Diego
Hello!
Long time lurker and first time posting.

Building Code: 2019 CBC
Construction Type: V-B
Tenant space: 1,076 sf

Interior
Kitchen: 719 sf / 200 = 4occ
Retail: 300 sf/60 = 5occ
Storage: 57 SF /300 = 1 occ

Exterior:
Patio (not covered and no egress from inside building thru patio - separate means of egress) 695 sf / 15 = 46 occ.


From Plan Checker:
The tenant space is not a B-occupancy. Upon further review, the tenant space is a mixed-occupancy space. The patio and kitchen areas are an A-2 occupancy, and the merchandise area is an M occupancy. The assembly spaces do not meet the criteria found in CBC 303.1.1 or 303.1.2 to be changed to a B occupancy. You exceed the occupant load (occupant load for the tenant space is 59), and the kitchen and patio are not accessory spaces to the primary purpose of the tenant space. Indeed, they are the primary purpose for the tenant space.


Exception CPC 422.3 does not apply either. The section reads, “In business and mercantile occupancies [emphasis mine] with a total occupant load of 50 or less including customers and employees, one toilet facility…shall be permitted for use by both sexes.” Your tenant space is a mixed M and A-2 occupancy. You will need to provide the occupancy separation methodology found in either CBC 508.2, 508.3, or 508.4. You might have to rate the walls between the occupancies, depending on the methodology you use.




Why is the plan checker combining the outdoor patio occupant load with the interior occupant load when egress is totally separate? The outdoor area is not part of the building area, so it should not be counted towards the occupant load factor for determining Occupancy classification From Assembly to B per CBC 303.1.1?

Furthermore, doesn't CBC Section 301.1 Scope clearly state that occupancy classifications only apply to buildings and structures? An outdoor patio is neither, so should not be accounted for in the identification of the project's occupancy classification?

Per the Scope of 301.1 General "the provisions of this chapter shall control the classification of all buildings and structures as to occupancy and use".


Any advice on how to keep this project identified as a B Occupancy? We only have 1 restroom (which is the main reason for wanting to keep it a B occupancy). Thanks!!





a42915b7a5c60fcf2b001af5b9cdfdea.jpg
 
I don't know about CA codes but the IBC wants the minimum plumbing fixtures base on the actual use of the building or space. It's different rules than means of egress. A patio is a space.
 
It’s obvious that the only purpose of the patio is for customers of the kitchen, so you have to include them in the restroom count.
 
Will this meet height & area limits as a non-separated mixed use, so you can at least avoid rated walls?

You probably have to reduce the patio to get under 50 occupants.
 
Back
Top