I am trying to develop my first property. The property is a mixed use property. It has 1,300 square feet of commercial on ground level with podium parking. On the second and third floor, there are 8 two story town home rentals. On the second floor, there are entries to the lower level of the town homes which consist of the kitchen, living room, etc. On the third level, there are two bedrooms and two baths. You can't gain access to the third floor except through the lower floor of the unit.
My issue is the rooftop deck. The city allows me to put my communal outdoor living area on any level. I put the living area on the roof (not sure if that would be called the fourth floor). The roof deck has elevator access plus a stairwell that is enclosed that goes straight down four floors. It dumps out to the street (there are other fire rated doors the second story and ground level.
As it currently set up, there is only the one staircase and the elevator. The architect has been of the position that it just needs one staircase because it's at 49 person occupancy.
The city sent out the plan check to a third party. The third party has stated "even though its occupant load is shown as 49, since this community roof deck is located at that rood of the 3rd story, it does not meet conditions of CBC 1006.3.2 and Table 1006.3.2(2) to qualify for a single exit. Per 1006.3.1 and 1006.3.1, two exits/acce to 2 exits are required."
Thoughts?
Thanks.
Dave