Finger Lakes Building Officials, Inc.

An Affiliated Member of the New York State Building Officials Conference

June 27, 2003

RE: Mercantile storage areas without separation BCNYS Table 302.3.3 footnote b

This is in response to your question regarding a mercantile storage area (incidental use area) without a fire separation in accordance with Building Code of New York State (BCNYS) Table 302.3.3 footnote b and the applicability of section 302.1.1.1, separation of incidental use areas, over 100 square feet. Footnote b is as follows:

Occupancy separation need not be provided for incidental storage areas within Groups B and M if the:
1. Area is less than 10 percent of the floor area;
2. Area is provided with an automatic fire-extinguishing system and is less than 3,000 square feet; or
3. Area is less than 1,000 square feet.

When the storage area meets one of these three parameters, the footnote provides an exemption from all of the requirements of section 302.1.1.1 for the separation of incidental uses in this mercantile occupancy.

This advisory opinion is rendered based upon the information provided. Administration and enforcement of the code are within the jurisdiction of the local authority. If you have questions regarding this advisory, please call me at (518) 474-4073.

Sincerely,
Cheryl A. Fischer, P.E.
Assistant Director for Code Interpretation
Codes Division
Al03-161

Finger Lakes Building Officials Association, Inc.
3100 Atlantic Ave.
Penfield, NY 14526