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This help desk is a free resource intended for discussion purposes only. Neither BOMA, its chapters, affiliates, or Extreme Measures Inc.® are responsible for the information, comments or opinions expressed herein. For complete information, refer to the official publications of the standards themselves.

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Occupant Void

Amy Evans
Kidder Mathews
August 20, 2019

Hello:
We have a multi-use, multi-floor building. 2nd floor office tenant wants to install a dedicated staircase to exterior sidewalk. This is in addition to all necessary egress. From what I have read, this is an occupant void, correct? Because it is exclusive and not necessary to meet code? Assuming it is an occupant void, do we charge rent on the first floor footprint and the second floor footprint? If not, how is rent charged?

Thank you,

David Fingret
Extreme Measures Inc.
August 20, 2019

Hi Amy,

An Occupant Void only occurs when an opening is made in an existing floor within a Tenant Area to accommodate stairs (or for any purpose). When this is done, there is no change to the area of the floor. Reading your description, my interpretation is that a tenant specific exterior stair is being installed which will terminate at a sidewalk. If this is the case, there is no hole in the floor slab needed to accommodate the stair so there is no Occupant Void.

thanks,
David

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