# How would you classify the occupancy of a hobby store?



## Meadowbend99 (Jan 30, 2017)

I have a client who is trying to start a hobby/retail store for board games.  It's a 1000 sf space.  About 200 sf will be an office, storage room and 1 toilet (all existing).  The remaining 800 sf will be retail display space for his products and then intermingled throughout he wants to have 4-5 tables set up for patrons to sit down and play (for a total of about 20 seats).

The building commissioner is stating he would classify the space as A-3 and the client needs to put in another toilet.  

His revenue will be 85-90% from the mercantile portion.  I would classify it as M.  I know of so many mercantile spaces that will provide seating or table and chairs for patron to sit at while in the store, and I'm not sure that this would warrant the need to be A-3?  

The occupant load will probably be 30-35 when all said and done.

Looking at the code I don't see a clear indicator of how to classify it.


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## CityKin (Jan 30, 2017)

Correct classification is M, mercantile. 

IBC 303.1 "a room or space that is used for assembly purposes that is less than 750 SF in area and accessory to another occupancy shall be classified as B or as part of that occupancy"

IBC 2902.2 "Separate toilet facilities" not required in mercantile with occupant load 100 or less


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## mtlogcabin (Jan 30, 2017)

It is an M occupancy. The other uses are accessory 


303.1.2 Small assembly spaces.
The following rooms and spaces shall not be classified as Assembly occupancies:

1.    A room or space used for assembly purposes with an occupant load of less than 50 persons and accessory to another occupancy shall be classified as a Group B occupancy or as part of that occupancy.

2.    A room or space used for assembly purposes that is less than 750 square feet (70 m2) in area and accessory to another occupancy shall be classified as a Group B occupancy or as part of that occupancy.


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## tmurray (Jan 30, 2017)

It's mercantile. We don't call bookstores libraries when they have some chairs to read in, same thing here.


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## fatboy (Jan 30, 2017)

M here also.......checking your oil at the gas station does not make it an S-1.


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## steveray (Jan 30, 2017)

Agree with everyone above...Can't believe someone is getting a hassle on a 1000ft space.....


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## Meadowbend99 (Jan 30, 2017)

Thank you Everyone!

I'm pushing for an M occupancy.  I'd really hate for them to have to put in an additional restroom for a 1000 sf space.


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## cda (Jan 30, 2017)

Welcome from North Texas

Since it has not been said


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## RLGA (Jan 30, 2017)

Group M occupancy. Once you bifurcate the 800 feet into sales and gaming areas, the "assembly" use of the gaming area will be well below the 750 sq. ft. threshold; thus, it is classified with the main occupancy.


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## cda (Jan 30, 2017)

Sounds like your room and business type labeling is wrong

Write retail across the entire plan

Or mercantile

Or increase the office to 251 sq ft


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## north star (Jan 30, 2017)

*& x & x &*

Meadowbend99,

Also, ...Welcome to The Building Codes Forum !   


*& x & x &*


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## cda (Jan 30, 2017)

Any seperate  storeroom???


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## JBI (Jan 31, 2017)

Actually the office exceeds 10%, so not accessory to the *Mercantile *principle use... M-B mixed use.


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## mark handler (Jan 31, 2017)

JBI said:


> Actually the office exceeds 10%, so not accessory to the *Mercantile *principle use... M-B mixed use.



Since the 2009 edition of the IBC, storage rooms are no longer considered incidental uses. They are a separate use.
*
"Aggregate accessory occupancies"* shall not occupy more than 10 percent of the building area...
*Aggregate===> ALL combined*
So yes, it is a mixed use building....


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## mtlogcabin (Jan 31, 2017)

"The remaining 800 sf will be retail display space for his products and then intermingled throughout he wants to have 4-5 tables set up for patrons to sit down and play (for a total of about 20 seats)."

As long as the 4-5 table area does not exceed 80 sq ft then it is incidental and be in compliance with 509.2 which I believe will help you with the building commissioner seeing it your way and not require the additional restroom since it is pretty specific as to what the occupancy classification of that use would be

509.2 Occupancy classification.
Incidental uses *shall not *be individually classified in accordance with Section 302.1. Incidental uses shall be included in the building occupancies within which they are located.


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## RLGA (Jan 31, 2017)

mtlogcabin: Incidental uses are limited to those listed in Table 509 per Section 509.1. Sit-down areas or similar functions are not listed in the table and, thus, cannot be considered "incidental." 

However, Section 303.1.2 indicates spaces used for assembly purposes less than 750 sq. ft. are permitted to be classified as Group B or within the occupancy to which they are an accessory. The retail display area is obviously a Group M application; therefore, if the retail display area is more than 50 sq. ft. (more than likely greater than 50% of the area), then the remaining space used for sitting down at tables is less than 750 sq. ft. Thus, per Section 303.1.2, the sit-down area can be classified as Group B or M.


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## ADAguy (Jan 31, 2017)

So the consensus is that the building commissioner has it wrong?


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## fatboy (Jan 31, 2017)

Well, all the slicing and dicing, M, B, incidental, accessory, whatever, it is definitely not an A occupancy, I think we all agree.


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## cda (Jan 31, 2017)

ADAguy said:


> So the consensus is that the building commissioner has it wrong?



Yea!!!


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## steveray (Jan 31, 2017)

If you have a few chairs and serve pizza at your supermarket, it does not make it an A....10% for accessory or less than 750 sqft (or 50 people) it would be M for sure, BO might have an argument anything more than that dedicated to "assembly"...


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