by Jerry Peck - Codeman on Wed Dec 21, 2011 10:40 pm
You have a single building with mixed use and occupancy, and in going over the code sections and taking the various paths available for various options, I have not found a section which I believe precisely addresses your description, not even section 509 Special Provisions.
None of the specific sections in 509 address your description, and the sections do not state that they are required, those sub-section appear to only be allowances, i.e., if-this-is-done, this-is-allowed. In fact 509.1 says:
- 509.1 General. The provisions in this section shall permit the use of special conditions that are exempt from, or modify, the specific requirements of this chapter regarding the allowable heights and areas of buildings based on the occupancy classification and type of construction, provided the special condition complies with the provisions specified in this section for such condition and other applicable requirements of this code.
Your description does not fit the combinations listed in 509, therefore 509 does not apply. I suspect that the AHJ is trying to apply 509.2 as your requirement as it closely fits what you described them as saying. However, one must keep in mind that 509.1 may be used to "permit" the use of the special conditions which follow, this does not state that the section is a requirement instead of other applicable code sections.
The code does not, cannot, specifically address every conceivable configuration, that is where the AHJ can apply this:
- 104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.
Meaning it comes down to the AHJ being able to allow what you are proposing. Likewise, the AHJ also has the authority to not approve what you are proposing. An often repeated answer to a code question is: "It depends.", and with questions like this one, "it depends" to a large degree on what the AHJ will or will not approve.
Scott, I see you are reading this as I am correcting some of my wording, please make sure to re-read it again for the final working. Jerry
Jerry Peck - CodeMan
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Construction Litigation Consultant - Retired
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