Vertical opening not in shaft- does chapter 7 or chapter 10 prevail?

[MrkDLGA]

I am under the 2019 Cal Building Code. I have a larger vertical opening in a smaller building. First floor has several preschool classrooms. Second floor has several religious education classrooms. CBC section 712.1.9.4 allows Two story openings if it is not open to a corridor in group I or R occupancies. I have group I occupancy, so it is prohibited. However, CBC section 712.1.16 allows vertical opening where otherwise permitted by this code. CBC section 1019.3.1 states that floor openings containing exit access stairways that serve or atmospherically connect between only two stories can be unenclosed. See attached. I have read in other posts that we would consider the Chapter 10 statement the more specific rule, and thus should govern. But is my floor opening too big to reasonably go under that rule? Or is it, since my building is small enough that I can utilize exit access stairs, that is the guideline that allows the floor opening of any size?
What are your thoughts on this?

 

[RLGA]

Why can't the Group I-4 occupancies be classified as Group E occupancies? Are the children in those rooms less than three years of age?

 

[MrkDLGA]

Some of the children are under 3- not all of them and not more than 100 of them. So yes- it can and probably should be considered E.
I was trying to get out of the section 452 requirements which seemed more onerous than the Section 436 requirements, for our site, which is decently sloped, and where a parking lot and fire lane sit between the building and the public way (which is a highway). The twenty foot wide exit discharge path (Section 452.1.1) down the slope and out to the highway seems very difficult. I have the same issue with the Assembly Occupancy which in 1029.2 states the main exit should be on a public way or adjoining a public way. Can I use 1028.5 exception, dispersal area, to get out of these? And how do the 20' wide rules get incorporated with this exception? I know these are questions for my plan checker, but if anyone has experience or insight working there way through these exit discharge issues for these occupancies.

 

[RLGA]

Section 1029 is for egress courts--are you in the 2022 or 2019 CBC? In the 2022 CBC, it is Section 1030.

Section 1030.2 essentially requires a 20-foot yard with access to a public way. If the slope is problematic, then the safe dispersal area could be used as an alternative provided that a 20-foot exit discharge path leads to the safe dispersal area.

 

[nealderidder]

MrkDLGA - what was the resolution of this with your pan checker?

 

[MrkDLGA]

None yet. Which issue- the 20' wide exit discharge yard or the vertical opening in I-4? We are going back to Group E preschool and thus do not need to address the vertical opening question.