Background

There are many multi-story buildings located throughout the cities and towns in the State that have nonresidential use located on the lowest story with any number of residential units located above.  The Board previously clarified, in Formal Interpretation  05-04, the multiple occupancy provisions as found in the Life Safety Code and how triggers for specific systems (sprinklers and/or fire alarm) were to be applied.  In the past, based upon Formal Interpretation  05-04, these building were viewed as mixed use buildings and in many cases fire alarm and/or sprinkler systems were required based upon the nonresidential use having the most restrictive requirements.  Since the time that this interpretation was issued, several code changes have occurred including changes to systems triggers and the adoption of the 2012 edition of the Life Safety Code.  The mixed occupancy provisions have been revised to read as follows:
6.1.14.3.2 The building shall comply with the most restrictive requirements of the occupancies involved, unless separate safeguards are approved. [Emphasis added.]

A.6.1.14.3.2 For example, a common path of travel that occurs wholly in a business tenant space, in a multiple occupancy building containing assembly and business occupancies, should not have to meet the assembly occupancy common path of travel limitation.

Notwithstanding the fact that section 24.1.3.3 has been reserved, the Board notes the Life Safety Code Handbook commentary offers the following explanation;

ONE- AND TWO-FAMILY DWELLINGS ARE COMMONLY FOUND ABOVE STORES, OFFICES, AND RESTAURANTS.  LOCATING THESE OCCUPANCIES IN PROXIMITY TO EACH OTHER PRESENTS A LIFE SAFETY CHALLENGE FOR THE OCCUPANTS OF THE RESIDENTIAL DWELLINGS.  THE TYPICAL CONFIGURATION OF THESE BUILDINGS CREATES THE POTENTIAL FOR A SIGNIFICANT TIME LAPSE BEFORE OCCUPANTS OF THE RESIDENTIAL DWELLINGS BECOME AWARE OF AN EMERGENCY IN ANOTHER PART OF THE BUILDING AND TAKE THE NECESSARY ACTION.  THE PROVISIONS OF 24.1.3.2 AND 24.1.3.3 ARE INTENDED TO PROVIDE ADDED PROTECTION FOR THE RESIDENTIAL OCCUPANCY DURING THAT TIME LAPSE.  THEREFORE, THESE REQUIREMENTS ARE INTENDED TO APPLY WHEREVER SUCH A MIXTURE OF OCCUPANCIES EXISTS, WHETHER IN NEW CONSTRUCTION OR EXISTING BUILDINGS.


Questions Presented:

Question 1:  Do the revised provisions of section 6.1.14.3.2 change the application of the mixed occupancy provisions previously laid out in formal interpretation 05-04?  Further, where the phrase unless separate safeguards are approved is used, what would be considered separate safeguards?
Question 2(a):  Given an example of a three story building with a Class C mercantile occupancy on the lowest floor with a residential occupancy (less than four dwelling units) on the second and third floors, when section 37.3.5.1(4) provides where the conditions of 37.3.5.1(1), (2), or (3) apply to the mercantile occupancy does this mean the physical space that is occupied by the mercantile occupancy (first floor in this case) or the mercantile occupancy in accordance with the mixed occupancy provisions (three floors in this case)?
Question 2(b):  In this specific example would the code require an approved automatic sprinkler system in accordance with section 37.3.5.1 or in lieu of the sprinkler system, a fire alarm system providing emergency force notification in accordance with section 37.3.5.1(1)?

Determination of the Board:  It is the determination of the Board as follows:
The Board notes that in order to be considered separated occupancies, construction with a minimum 2-hour fire resistance rating would be required in accordance with Table 6.1.14.4.1(a).

6.1.14.4.5  Sections 6.1.14.4.1 through 6.1.14.4.4 above shall not be construed as to require that any or all occupancies be separated.  These sections simply establish the separation requirements necessary if a building owner chooses to have a portion of the building not comply with the most restrictive requirements of the occupancies involved.  All non-separated occupancies are mixed occupancies, as defined in section 6.1.14.2.2, and must comply with the provisions of this code covering mixed occupancies.

Accordingly, rather than limit the response to the specific questions presented, the Board chose to provide a more global response addressing any situation where residential occupancies are located above a nonresidential occupancy.

The Board finds that the separation requirements under section 6.1.14.4.1 are somewhat more flexible for existing buildings than new construction.  Specifically, this section requires fire rated assemblies unless separation is provided by approved existing separations.  This would allow the AHJ to approve an existing separation, or a modified existing separation, as being comparable to the required 1- or 2-hour separation in accordance with guidelines established by the State Fire Marshal and/or the Board.  However, the above principles of separation shall continue to dictate the type of fire protection required for mixed occupancies.

The Board notes that RIGL section 23-28.01-4, as amended, provides the State and local fire marshals with the authority to enforce the Fire Safety Code in accordance with the provisions of the Fire Safety Code Board of Appeal & Review.  The Board is also charged with establishing guidelines for the reasonable implementation of the fire safety code.

In light of the above, the Board hereby issues a blanket variance in order to grant the State and local fire marshals authority to approve alternative fire protection systems in mixed occupancies where there are intermingled uses without suitable separation, based upon the level of hazards and other life safety concerns such as approved separate safeguards.  The minimum suitable safeguards are as follows:

1.	An automatic fire alarm system shall be installed throughout the entire building in accordance with section 9.6.
2.	No commercial cooking appliances (floor-mounted restaurant-type) [97:3.3.13.5], counter appliances (gas) [97:3.3.13.6] or nonresidential appliances [97:3.3.13.8], including Type 2 clothes dryers [97:3.3.42.2] shall be permitted in the nonresidential occupancy .
3.	No high-hazard contents [101:6.2.2.4] shall be permitted in the nonresidential occupancy.

All relief granted and any required safeguards are to be specifically noted, in writing, on the inspection report with the proviso that it is based on the maintenance of the status quo and, in the event that there is a change of hazard level or use the building, the owner may be required, in the future, to upgrade the fire protection systems.

Finally, the Board notes that the building owner shall maintain his or her right to seek a variance, from the Board, throughout this process.  Specifically, a building owner who is not granted the above field relief, or an owner who is subsequently advised to upgrade fire protection systems, may appeal the State or local fire marshals determination directly to the Board.

NFPA 97, Standard Glossary of Terms Relating to Chimneys, Vents, and Heat-Producing Appliances (2003 edition).