# 2 Exits Required - 2nd Floor



## DTBarch (Oct 12, 2020)

Recently posted a discussion about 2nd exit required for a small tenant space on the 4th floor of a multi story building in California which resulted from a tenant who occupies the entire floor giving back a portion of their space.  Had an outstanding exchange from that post.  Verdict there is that Per 2019 CBC Table 1006.3.3(2), ANY tenant space of ANY size OR occupancy classification is required to have access to two separate and distinct exits if it's on the 3rd floor or higher.

My owner/landlord client is now exploring the 2nd floor space under the same scenario.  If their existing tenant retains the majority of the floor, and maintains access to both exits; and the give-back space is split into two leasable tenant spaces ("Suite A" and "Suite B" in the plan below), each of which has an occupant load and common path of egress travel distance that requires only one exit (per Table 1006.2.1), *can these two new tenant spaces (Suite A and Suite B) legally be limited to having access to only "Exit Stair 1"?*

Does the Maximum Occupant Load of 29 from Table 1006.3.3(2) apply to the entire floor, even the portion that has access to two stairs?

Does the Maximum Occupant Load of 29 from Table 1006.3.3(2) limit the cumulative occupant load from Suites A + Suite B to a total of 29?

Since this story has two exits overall, does it disqualify Table 1006.3.3(2) from application in this discussion?

Here's a plan demonstrating the scenario:


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## classicT (Oct 13, 2020)

Nope... not permitted.

As noted on your other post, _IBC Table 1006.3.2(2)_ does not permit the third story above grade plane and higher to have a single exit.


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## DTBarch (Oct 13, 2020)

classicT said:


> Nope... not permitted.
> 
> As noted on your other post, _IBC Table 1006.3.2(2)_ does not permit the third story above grade plane and higher to have a single exit.


This is on the 2nd floor


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## Sifu (Oct 13, 2020)

A quick take based on IBC, not sure about CA.

IBC 1016.2.1 requires each tenant space is to have access to all required exits. (I think this answers the question)
IBC 1006.3.2 requires two exits for _story _occupant loads from 1-500.  (The story requires both exits, so each tenant would need access to both exits)
IBC 1006.3.3 allows a single exit from any _story_ as long as they meet the limitations of t1006.3.3(2) 
IBC t1006.3.3(2) says the maximum occupant load per _story_ is limited to 29.  (The occupant load of the story is >29)

Looks like two exits are required, and each tenant on the story must have access to them.


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## classicT (Oct 13, 2020)

DTBarch said:


> This is on the 2nd floor


My mistake.



DTBarch said:


> Does the Maximum Occupant Load of 29 from Table 1006.3.3(2) limit the cumulative occupant load from Suites A + Suite B to a total of 29?


Yes


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## ADAguy (Oct 15, 2020)

If a sublease is the prime tenant liable for later egress issues if this were approved?


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## DTBarch (Oct 15, 2020)

ADAguy said:


> If a sublease is the prime tenant liable for later egress issues if this were approved?


Thanks ADAguy.  Not a sublease.  Lease would have been terminated and renegotiated, BUT, that's really not an option at this point.  Sifu's rundown above is accurate.  Unless your total 2ND FLOOR occupant load is 29 or less, ALL tenants need access to BOTH exits.  Not allowed at all on 3rd floor or higher.  A few options available on the ground floor obviously, but they simply need to accept creation of a common corridor to provide the required access to all tenants.


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## sergoodo (Oct 18, 2020)

Existing tenant will have to agree to access by new tenants for emergency exit egress.


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## Tim Mailloux (Oct 19, 2020)

sergoodo said:


> Existing tenant will have to agree to access by new tenants for emergency exit egress.


There is a threshold for how large a tenant can be to egress thru another tenants space. Off the top of my head its something like no larger than 10% the size of the larger tenant.


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## Tim Mailloux (Oct 19, 2020)

1016.2.1 Multiple Tenants​ 
Where more than one tenant occupies any one floor of a building or structure, each tenant space, dwelling unit and sleeping unit shall be provided with access to the required exits without passing through adjacent tenant spaces, dwelling units and sleeping units.
*Exception:* The means of egress from a smaller tenant space shall not be prohibited from passing through a larger adjoining tenant space where such rooms or spaces of the smaller tenant occupy less than 10 percent of the area of the larger tenant space through which they pass; are the same or similar occupancy group; a discernible path of egress travel to an exit is provided; and the means of egress into the adjoining space is not subject to locking from the egress side. A required means of egress serving the larger tenant space shall not pass through the smaller tenant space or spaces.


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## DTBarch (Oct 19, 2020)

Tim Mailloux said:


> There is a threshold for how large a tenant can be to egress thru another tenants space. Off the top of my head its something like no larger than 10% the size of the larger tenant.


Thank you Tim and Sergoodo.  Egressing thru the adjacent tenant space would not be a viable option for my client's tenant, nor 99% of tenancies out there due to security reasons, except for maybe a campus situation where you've got multiple departments of a single company involved.  IF they decide to proceed, we would need to build a dedicated corridor that necessarily splits the original tenant's space.  Unfortunately, that is most likely a deal killer.


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## sergoodo (Oct 19, 2020)

Tim Mailloux said:


> 1016.2.1 Multiple Tenants​


Good point, plus I just realized the subleases would egress from a corridor to non-corridor...so that thought will be deleted. I do think that 1016.2.1 purpose is thwarted with business suites where you have 10, 20, 30+ "tenants" egressing within and thru the adjacent business.


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## sergoodo (Oct 19, 2020)

If either the floor above or floor below is a multi-tenant layout then consider the stairs as exit access stairs to the 2nd exit on adjacent floor if max distances are not exceeded.


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