1321 SE EVERETT MALL WAY OLIVE GARDEN 2018-01-01 MF Import

T� FFOM DATE SUOJECT Tim Tyler, Building Official Bruce E. Jones, City Attorney October 31, 1990 Chapter 38� UBC, Fire Exti7guishing Systems ;_� _ , ,..__ �r , ,.. �, ;.,. ��1.� � � � f�10 V 1 1990 ��--'� �CITY OF EVERETT �� Public Works Dept. CITY OF EVEREr7, EVERE7T VlASHINGTON This office has received a memo from Doug Purcell, an attorney representing Harmon and Assaciates who have questioned the applir,ability of Chapter 38, UBC, Fire Extinguishing Systems, to a restaurant under construction in estabiishment " mThis d�stinct�on, hovever, issnot d terminative a The�issue is where and under what circumstances an automatic fire extinguishing system is required in Group A occupancies. Section 3802 (c) states: (c) Group A Occupancies. 1. Drinking establishments. An automatic sprinkler system shall be installed in rooms used L•y the occupants for the consumption of alcoholic beverages ar,d unseparated accessory uses where the total area of such unseparated rooms and assembly uses exceeds 5,000 square feet. For uses to be considered as separated, the separation shall not be less than as required for a one-hour occupancy separation. The area of other uses shall be included unless separated by at least a one-hour occupancy separation. The requirement seems clearly to app]y to "... rooms used by the occupants for the consumption of alcoholic beverages .. ""Drinkin establishments" is the title of the section, but the title is not determinative of its scope and intent. Spokane v. State, 198 Wash. 682, 89 P.2d 826 (1939). It is my opinion that i t e restaurant in question has a room to be occupied for consumption of alcoholic beveraye unseparated from other uses and exceeding 5,000 square feet, then sprinklers are required. If you concur as the Building Official, that 3802 applies to the plans submitted to the City, and the applicant remains unconvinced, I suggest that you inform Harmon and Associates of its right of appeal under § 204. {0033)