9-3-3: CONSTRUCTION AND OCCUPANCY:
A. Single Construction: Single construction buildings complying with this chapter may be a maximum of five (5) stories of type VA construction when all of the following conditions are met:
1. The below grade building is constructed of type IA construction and is separated from the type VA construction above grade upper building with a horizontal assembly having a minimum three (3) hour fire resistance rating. Openings in the horizontal assembly are to be protected in accordance with the provisions in subsection B1 of this section; and
2. The below grade building contains only Group S-2 occupancy, enclosed parking garage, used exclusively for the parking and storage of private motor vehicles, and the above grade upper building contains only Group R-2 occupancy; and
Exceptions:
a. An exterior assembly area that serves the residential use with a total occupant load less than three hundred (300) when located on the floor at grade directly above the three (3) hour horizontal assembly of the below grade building.
b. The above grade upper building may include B occupancy rooms or B occupancy assembly use areas that are accessory to the residential use of not more than ten percent (10%) of each floor area, provided the total occupant load of the sum of all B occupancy areas on each floor is less than fifty (50). An occupied roof is considered a floor level but not a story.
c. Entry lobbies, mechanical rooms, waste and recycling collection, bicycle storage and similar uses incidental to the operation of the building shall be permitted in the below grade building and in the above grade upper building.
3. The maximum above grade upper building shall not be more than five (5) stories nor have an overall building height exceeding seventy feet (70') above the lowest fire apparatus access road as defined in the International Fire Code and this chapter; and
4. The structure is located in the City Fire Department's response zone as illustrated in section 9-3-2 of this chapter.
B. Mixed Construction: A structure may be divided into two (2) separate and distinct buildings, upper and lower, for the purpose of determining area limitations, continuity of firewalls, limitation of number of stories and type of construction, when all of the following conditions are met:
1. The lower building is constructed of type IA construction and is separated from the upper building with a horizontal assembly having a minimum three (3) hour fire resistance rating. Openings in the horizontal assembly having a minimum three (3) hour fire resistance rating shall be protected by shaft, stairway, ramp or escalator enclosures extending above and below such openings. The walls of such enclosures shall have not less than two (2) hour fire resistance rating and openings therein shall be protected by opening protection having a minimum one and one-half (11/2) hour fire protection rating; and
Exception: Where the walls of such enclosures extending below the horizontal assembly having a minimum three (3) hour fire resistance rating to the foundation are provided with a fire resistance rating of not less than three (3) hours with openings therein protected as required for walls forming a three (3) hour fire barrier, the enclosure walls extending above such floor used as the horizontal assembly having a minimum three (3) hour fire resistance rating shall be permitted to have a one hour fire resistance rating, provided:
a. The upper building is not required to be of type IA construction; and
b. The enclosure walls do not enclose an exit stairway, elevator, ramp or an escalator required to have enclosure walls with not less than two (2) hour fire resistance rating; and
c. The one hour enclosure connects less than four (4) stories and has opening protectives above the horizontal assembly with a fire protection rating of not less than one hour.
2. The upper building contains only Group R-2 occupancy; and
Exceptions:
a. An exterior assembly area that serves the residential use with a total occupant load less than three hundred (300) when located on the floor directly above the three (3) hour horizontal assembly of the lower building.
b. The upper building may include B occupancy rooms or B occupancy assembly use areas that are accessory to the residential use of not more than ten percent (10%) of each floor area, provided the total occupant load of the sum of all B occupancy areas on each floor is less than fifty (50). An occupied roof is considered a floor level but not a story.
c. Entry lobbies, mechanical rooms, waste and recycling collection, bicycle storage and similar uses incidental to the operation of the building shall be permitted.
3. The lower building contains only occupancies of Group A, B, M, R or S-2 enclosed or open parking garage, used exclusively for the parking and storage of private motor vehicles; and
Exception: Entry lobbies, mechanical rooms, waste and recycling collection, bicycle storage and similar uses incidental to the operation of the building shall be permitted.
4. The maximum upper building shall not exceed five (5) stories in height. The finish floor level of the highest occupied level in the upper building shall not exceed seventy five feet (75') above the lowest fire apparatus access road as defined in the IFC and this chapter; and
5. The structure is located in the City Fire Department's response zone as illustrated in section 9-3-2 of this chapter.
C. Construction Types: Type IA and type VA construction shall be as specified in the International Building Code as adopted by the City. (Ord. 21-16, 7-19-2016)
