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Mr. MacDonald stated that when he brought the issue forward, the City reviewed the proposal and indicated that an E occupancy was intended to apply to schools that are mandated under State curriculum standards and that this was not such a facility. Commissioner Fox inquired if this application of school standards was in writing and how they relate to the Building Code. Mr. MacDonald suggested that this be discussed with the City's Chief Building Official. He stated that there are many interpretations of codes and that he has already read the materials staff would soon provide. He indicated that he thought the question before the Commission was whether or not the proposal is a tutoring school. He reiterated that he felt the State should be allowed to interpret its own code, the Commission the zoning code, and the Council the Municipal Code. Commissioner Fox stated that the State Fire Marshal's website talks about assisted egress in case of a fire. She cited the many facilities in town that are licensed, including the daycare facilities at Mohr and Lydiksen Elementary Schools. She noted that it was indicated that the main use of this facility is tutoring for families with working mothers and inquired if this, by definition, was childcare. Mr. MacDonald replied that every tutoring school and every school is childcare by definition. He stated that the issue at hand is what the State's regulatory requirement is, and the State has made it clear that what it is really interested in and where there is no exemption available is places that have children aged four years and nine months and younger; the State allows for the exemption beyond that. He reiterated that the applicant is willing to apply for a childcare license if the Commission so desires. He inquired, however, if this would then trigger putting in firewalls in the facility. He stated that the applicant has athree-year lease and would then have to rebuild the entire facility to meet a new building code, which they do not want to do. He indicated that the facility should still be recognized as a tutoring school under the zoning code, even if the Commission requires the applicant to obtain a license. In response to Commissioner Fox's inquiry regarding whether the building was an A3 type for church assembly, Mr. MacDonald suggested that she discuss this matter with the Building and Safety Division, stating that they when the Fire Inspector come out to inspect the building, the applicant inquired if the facility met the requirements for the proposed use, and the Fire Marshal had indicated that the building met the required standards. He added that they are willing to do anything that is within reason. Commissioner Fox inquired if the building was sprinklered, and Mr. MacDonald confirmed that it was. Commissioner Fox stated that many letters have been received classifying the facility as an academic school. She inquired if he considered this a tutoring facility or a school. Mr. MacDonald replied that the City's zoning code does not have a definition for a tutoring school, and, therefore, it would mean whatever policymakers make it to mean. EXCERPTS: PLANNING COMMISSION MINUTES, December 10, 2008 Page 9 of 21