DECISION NO.98A005-125
DATE:February 2, 1999
The fire department served an inspection Order to provide a second exit from the basement floor area, separated from the remainder of the building and possessing a 45-minute fire resistance rating. The Fire Marshal modified the Order on appeal. The modified Order required a second exit to serve the basement assembly area. Further, use of the basement meeting/party room for assembly purposes is to be discontinued until the floor area is served by two exits that satisfy the requirements of Retrofit Section 9.2 of the Fire Code. The owner appealed this decision to the Fire Safety Commission.
The premises consist of a restaurant and tavern located in a strip mall.
The building is one-storey with a full basement and is of wood and brick
construction. The restaurant and tavern occupies a unit with 424 m² in floor
area. Attached to the east side of the restaurant is a two-storey realty
office and to the west a one-storey retail occupancy. A fire alarm system is
provided in the building, but is limited to manual pull stations and alarm
bells.
The main floor contains a restaurant dining area, coffee shop, licensed
lounge and kitchen. The basement consists of a meeting/party room, office
room, kitchen, locker and mechanical space. The use of the basement kitchen
is limited to food preparation and baking of muffins.
The 85 m² meeting/party room in the basement contains 6 tables, with 52
chairs. The basement is provided with a single exit at the southwest corner
and a convenience stair to the main floor in the northeast corner. Travel
distance from the most remote portion of the basement meeting/party room is
20.7 m to the single exit.
Owner wanted confirmation that the second exit from the basement was necessary.
The owner indicated that the fire department had not identified the need for a second exit from the basement during a previous inspection.
The basement floor area should be provided with a second exit in conformance with Sentences 9.2.3.4.(1) and (2) to ensure safe evacuation in the event that a fire makes the existing exit inaccessible. The northeast corner access stair to the main floor is not separated from the main floor and therefore does not constitute a proper means of egress.
The Commission upheld the Order as modified by the Fire Marshal.
The Commission agreed that the occupants of the basement must be
protected with the provision of a second exit.
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