# How to Classify Occupancy for Cowork/Office Space + Event Venue



## Brooke Dixon (Feb 26, 2018)

Hi, we are working on a project right now that is currently classified as "B" for business use. 

But part of the building is being leased to a business that offers coworking space/shared office space and is beginning to book events such as wedding receptions. 

Are we going to need to reclassify the space from B to A-2 or A-3? If so, we are worried about having to install a sprinkler system. 

Details: 


Building sq feet = 20,000 
Rentable sq feet = 15,000 
3 story building from 1800's on National Historic Registry 
No tenants or areas of the building have a sprinkler system at this time

The building has full occupancy right now with all businesses using it for office space. 

The "Acme cowork" business now has 6,000 sq feet rented and uses it mostly for selling cowork memberships/monthly fees to people who use it 24/7 for shared office space. 

The cowork has a kitchen but no stove. The cowork does not have a restaurant license and does not sell food. 

90% of the time Acme is using the space for coworking/office space. 

The other 10% of the time it's getting booked for wedding receptions, birthday parties, bridal showers etc. It's BYOB and the event client chooses their own local catering company to bring in the food. 

For sales figures, Acme earns 75% of its sales from coworking memberships and 25% from event space bookings. 

The main event space is 2,000 sq feet and can do 125 seated guests for dinner and 200 for cocktail receptions. 

My questions are: 

1. Can Acme keep the current "B" classification since most of the time it's still being used for normal business office space? 

2. If we need to move them to an "A" classification, would they be "A-2" or "A-3" ? I am wondering if they would fit under "A-3" because maybe they could be considered a "Dance Hall" under A-3. My understanding is that "A-2" is more for restaurants and Acme is not a restaurant. 

3. Acme is moving into the category of a lot of the BYOB barn venues that you see offering wedding receptions. What would they be considered? A-2 or A-3? 

Thanks in advance for any help you can provide. Very confused.


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## cda (Feb 26, 2018)

Welcome!!!


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## Francis Vineyard (Feb 26, 2018)

It is recommended to request a meeting with the code official "prior to the application for a construction permit in order to discuss applicable provisions of the Existing Building Code; https://codes.iccsafe.org/public/public/chapter/content/4690/

Also review chapter on Historic Buildings

Edit: changed link above to chapter 4 from 3


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## cda (Feb 26, 2018)

Yep, before you get into to much trouble 

You do have some type of A

Besides the fire sprinkler system, there may be other requirements that kick in.

Is this on the first, second or third floor.

If you can find a private code consultant to look   this and advise you.

The other thing you can chance, is take a floor plan and set down with your Building offical, give him the concept and see what requirements they come up with.

I am thinking Best advice is do not allow the assembly use!!!!


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## Brooke Dixon (Feb 26, 2018)

Thanks so much. 

The business is on the 3rd floor (top floor).


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## cda (Feb 26, 2018)

Brooke Dixon said:


> Thanks so much.
> 
> The business is on the 3rd floor (top floor).




Where they dining and dancing??

More than likely will not fly with the city


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## cda (Feb 26, 2018)

If you are the Building owner, you could be liable, if something happens.

Best advice do not book any more events, till the code issues are totally resolved.


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## JBI (Feb 26, 2018)

I would also suggest using the Performance based method in Chapter 14 of the Existing Building Code (if adopted), as that method allows for more flexibility in what features can or may be used to achieve compliance. Basically a point system where applicant can choose where and what improvements to a great extent, as opposed to outright mandates found in the Prescriptive and Work Area methods.


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## steveray (Feb 26, 2018)

The use of the building would be the most stringent use, even if it is for a short period of time....

302.1 General. Structures or portions of structures shall be
classified with respect to occupancy in one or more of the
groups listed in this section. A room or space that is intended
to be occupied at different times for different purposes shall
comply with all of the requirements that are applicable to
each of the purposes for which the room or space will be
occupied. Structures with multiple occupancies or uses shall
comply with Section 508. Where a structure is proposed for a
purpose that is not specifically provided for in this code, such
structure shall be classified in the group that the occupancy
most nearly resembles, according to the fire safety and relative
hazard involved.


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## TheCommish (Feb 26, 2018)

And  now consider a space open to the public on the 3rd floor and the accessablity issues, less expensive to stop the practice than do the changeof use


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## Yikes (Feb 26, 2018)

The OP brings up an interesting point: people will have parties in their homes that basically makes the living room into an A occupancy for the night, and no code official bats an eyebrow.  At what point do the parties occur often enough to make it a code issue?
She originally said a 90%/10% ratio - - that's once every couple of weeks, so probably yeah, it's an A occupancy.  But what is the frequency where you just look the other way?  Once a quarter?


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## cda (Feb 27, 2018)

Yikes said:


> The OP brings up an interesting point: people will have parties in their homes that basically makes the living room into an A occupancy for the night, and no code official bats an eyebrow.  At what point do the parties occur often enough to make it a code issue?
> She originally said a 90%/10% ratio - - that's once every couple of weeks, so probably yeah, it's an A occupancy.  But what is the frequency where you just look the other way?  Once a quarter?



Commercial setting?

When I have 200 people in my house and 75 cars parked up and down the street?

When you charge?

When you have a rave in a business office??

When your not invited to the cocktail party?

When they call the Mayor and complain?

When the local tv station does an investigative report about the place??

https://www.nbcdfw.com/news/local/D...uding-Aldredge-House-Neighbors-470986283.html


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## cda (Feb 27, 2018)

Or it was not designed to Hold 200 people::

http://www.fox4news.com/news/massive-party-in-denton-ends-with-floor-collapsing-into-apartment-below


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## Francis Vineyard (Feb 27, 2018)

Start with this chapter: https://codes.iccsafe.org/public/public/chapter/content/4690/


Yikes said:


> The OP brings up an interesting point: people will have parties in their homes that basically makes the living room into an A occupancy for the night, and no code official bats an eyebrow.  At what point do the parties occur often enough to make it a code issue?
> She originally said a 90%/10% ratio - - that's once every couple of weeks, so probably yeah, it's an A occupancy.  But what is the frequency where you just look the other way?  Once a quarter?



In accordance with the provisions of 302.1 the code official is permitted to "judge whether or not a selected classification is appropriate under specific conditions. Assigning occupancy classification often depends not only on the use, but also on the extent and intensity of that use. A use may be so incidental to the overall occupancy that its effect on fire and life safety is negligible. Where a structure is proposed for a purpose that is not specifically provided for in this code, such structure shall be classified in the group that the occupancy most nearly resembles, according to the fire safety and relative hazard involved."

In your example typically the resident or owner of the residence can restrict persons they invite, and extemporaneously make rules subjected to local ordinances with parking, noise, activities, etc. as opposed to commercial assembly where they are "intended to make a profit" and "engage in commerce" IMO.

The chapter room in the example below has an occupant load of 183.

Let the fun begin.


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## BayPointArchitect (Feb 27, 2018)

We see this scenario where barns and business spaces are needing to become an assembly occupancy because of wedding receptions. 

The trigger that I use for determining the difference between an A2 occupancy and an A3 is whether-or-not food and/or beverages will be sold.  If it is BYOB and pot luck, then I look at the requirements for A3 (sprinklers for 300 people / 12,000 S.F. fire area).  If food and/or beverages are being sold/provided in conjunction with the rental, then I look at the requirements for A2 (sprinklers for 100 people / 5,000 S.F. fire area).  Obviously a restaurant with more than 50 seats falls into the A2 occupancy.  But so does a coffee and tea shop with more than 50 seats.  This would be no different if I can book this space for my daughter's wedding and pay for bottled water to be provided.

This is a three story building.  Which floor is the assembly space located?  Hopefully on the first floor (level of exit discharge) and not the third.  Depending on your building's type of construction (See NFPA 101 Table 12.1.6 +/-), you might be able to have an unsprinkled assembly space one story above the level of exit discharge.

Can I get a "like"?  I am ashamed that I have only nine likes.  Golly gee, what is wrong with me?

ICC Certified Plan Reviewer
NFPA Certified Fire Plan Examiner


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## cda (Feb 27, 2018)

BayPointArchitect said:


> We see this scenario where barns and business spaces are needing to become an assembly occupancy because of wedding receptions.
> 
> The trigger that I use for determining the difference between an A2 occupancy and an A3 is whether-or-not food and/or beverages will be sold.  If it is BYOB and pot luck, then I look at the requirements for A3 (sprinklers for 300 people / 12,000 S.F. fire area).  If food and/or beverages are being sold/provided in conjunction with the rental, then I look at the requirements for A2 (sprinklers for 100 people / 5,000 S.F. fire area).  Obviously a restaurant with more than 50 seats falls into the A2 occupancy.  But so does a coffee and tea shop with more than 50 seats.  This would be no different if I can book this space for my daughter's wedding and pay for bottled water to be provided.
> 
> ...




I think she means the assembly:


Thanks so much. 

The business is on the 3rd floor (top floor)


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## Yoel (May 16, 2021)

If you are the owner of the building, you won't have any problems. Even if you want to demolish this building, you just need to sort out some documents, and that's it. If I were you, I wouldn't change anything and turn this building into a restaurant. After all, if people start coming to you, you will have a lot of profit, which is more profitable. If the problem rests on the license, then concentrate on getting it. My friend had something similar. He rented out the building, and 10 percent of the building was rented out as an office. This wasn't profitable, as the tenants often changed. Then he decided to rent out his osdoro to a certain firm. Thus, his income increased threefold.


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## ADAguy (May 16, 2021)

excellent topic, how does this apply to residences leased out and used for big parties ( A vs R?) by individual owners? Will their insurance cover balcony collapse, fires, etc.


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## Tim Mailloux (May 17, 2021)

What is the construction type of this building, and is the proposed A occupancy even allowed on the 3rd floor of an non sprinklered building?

You will also need to consider occupancy seperation between the A occupancy and the B occupancy on the floor below, I think this will require a 2 hour rated floor / ceiling assembly.


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