3102 ROCKEFELLER AVE CANFIELD MADOW LAW GROUP 2022-11-28

Capital Architects Group pc 2813 Rockefeller Ave.Everett,WA 98201•ph:425.317.8017•fax:425.317.8489 A f-- 3) The preexisting condition of the basement level is an unpermitted unoccupied or storage area.The following comments shall be addressed: a. Documentation establishing the preexisting condition of this space shall be submitted for review.The preexisting condition shall be stated in the"Project Data"section on Sheet A-1.0.See IBC Section 302.1. b. The floor-to-floor height of the basement level is 7"-6"per Section 1/A-3.0,with an estimated net clear height to the basement ceiling of 6'-0"maximum.The space does not have sufficient clearance to be permitted as occupied space.The design shall be revised.See IBC Section 1208.2. c. The construction of the space shall comply with all requirements of the building code for new construction. The design shall be revised.See IBC Sections 101.2 and 101.3. Response: The basement is not a preexisting condition of unpermitted unoccupied or storage area.The basement was in fact an apartment-with its own entrance.We attach the-following documentation:1. 6.23.1926 Original Construction Water Permit for Duplex House 2. 7.31.1961 Application for meters for 3 Apartments 3. 12.11.88 Application for Variance Professional Offices 4. 2.21.89 Interior Remodel for Professional office Space 5. 5.4.89 Use Permit convert triplex into professional Office IEBC 101.4.2 Buildings previously occupied states"The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change except as is specifically covered in this code,the international Fire Code,or the international Property Maintenance Code,or as is deemed necessary by the code official for the general safety and welfare of the occupants and the public." Therefore,our response is as follows: a. Documentation is attached,namely, 1. 6.23.1926 Original Construction Water Permit for Duplex House 2. 7.31.1961 Application for meters for 3 Apartments 3. 12.11.88 Application for Variance Professional Offices 4. 2.21.89 Interior Remodel for Professional office Space 5. 5.4.89 Use Permit convert triplex into professional Office IBC Section 302.1 General states:Structures or portions of structures shall be classified with respect to occupancy in one or more of the groups listed in this section..." If you are suggesting that the entire Triplex was not included in the change of use from Triplex to professional office, then that must leave us with 1 level Residential and 2 levels of Professional Office. Contrary to this line of possible thought,the application for construction permit on 2.21.89 explicitly states" interior remodel change of use residential to office.The Code reference to IBC Section 302.1 confirms that Business is Group B. b. The floor to Floor height of the basement level is 7'6"per Section 1/A-3.0,with an estimated net clear height to the basement ceiling of 6'0"maximum. The space does not have sufficient clearance to be permitted as occupied space. The design shall be revised. See IBC Section 1208.2. Response: Floor to floor heights are grandfathered in. The space is currently a permitted occupied space of professional office. c. The construction of the space shall comply with all requirements of the building code for new construction. The design shall be revised. See IBC Sections 101.2 and 101.3. Response: The Construction of the space shall comply with the IEBC and the IBC.Per the IEBC, Section 101.2 Scope"The provisions of the International Existing Building Code shall apply to the repair,alteration,change of occupancy,addition to and relocation of existing buildings. See also Section 101.4.2 Buildings previously occupied:The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change,except as is specifically covered in this code,the International Fire Code,or the International Property Maintenance Code,or as is deemed necessary by the code official for the general safety and welfare of the occupants and the public." Per IBC Section 101.3 Our scope of work falls under the definition of Repair: "The reconstruction or renewal of any part of an existing building for the purpose of its maintenance or to correct damage."