# Ocupancy Classification



## bptp32 (Feb 27, 2014)

2010 IBC of NYS based on 2006 ICC.  I have an inquiry regarding a riding arena with an attached stable area.  Type VB Construction (pole barn) with an area of 14,600 sq ft of arena and two story stable of 800 sq feet.  The stable atrea has a tack room, 18 horse stalls and a second floor area that does not show an intended use for the upper level.  The site plan shows 28 parking spaces to the rear of the property.  This structure is located in a residential zoned area.  We are having a disagreement on Occupancy Classification and occupant load.  Once we have determined the allowable area based on occupancy classification, we can then try to determine allowable area.  One person is classifying this as a "B" occupancy (arena) with an non-separated Accessory "U" occupancy(Stable).  Another inspector is classifying this as a A-3 or A-4 occupancy with an attached "U" occupancy which will require a fire wall between the two to meet the allowable area for both structures.  Any thoughts would be appreciated.  Thanks in advance.  Great to have this venue available for those of us that work in smaller communities and do not have others available for discussion.


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## steveray (Feb 27, 2014)

If they are not doing horse shows or inviting the "public" in, I do not think I would have an issue with U....but that would have to be very detailed...and I don't like second stories with no use labelled....Otherwise A3 or A4....


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## Frank (Feb 27, 2014)

H-3 for the hay loft

A-3/A-4 for the riding rink (A-4 if spectator seating)

U treated as S-1 for the stables

Unless on a farm in Virginia then exempt from the code and can do whatever want to without building permits (Planning and Zoning odinances still have to be satisfied)


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## cda (Feb 27, 2014)

Is this an amenity of a subdivision or privately owned??

If privately owned are they going to be giving riding lessons or similar or boarding as in a business ??


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## bptp32 (Feb 27, 2014)

they originally stated that this would be for his daughter to ride her horse, but when the plans came in they have 18 individual stalls for horses and 28 parking spaces, a tack room and a "caretaker" residence.  They have not stated their intentions to the planning board or to the building inspector as of yet.  WE have assumed with the number of spaces  for parking and for horses that this would be more than just an individual riding arena.


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## cda (Feb 27, 2014)

Must be nice

Sounds like may evolve into a small business

Is the stable keepers residence attached to the arena building


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## steveray (Feb 27, 2014)

"R".....Sprinkler it.....


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## bptp32 (Feb 27, 2014)

no, the caretaker residence is a separate detached building.  We still have to figure an area increase to allow a wood framed structure to meet the requested size.  I have reviewed this as a type VB construction, A-4 occupancy until I see plans for the interior buildout.  A few of the plan reviewers are saying that this would be a "B" occupancy because they would be teaching horsemanship inside the building.  Do not agree but that is where the confusion arises.  thanks again for all the assistance


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## Frank (Feb 27, 2014)

bptp32 said:
			
		

> no, the caretaker residence is a separate detached building.  We still have to figure an area increase to allow a wood framed structure to meet the requested size.  I have reviewed this as a type VB construction, A-4 occupancy until I see plans for the interior buildout.  A few of the plan reviewers are saying that this would be a "B" occupancy because they would be teaching horsemanship inside the building.  Do not agree but that is where the confusion arises.  thanks again for all the assistance


How old is the daughter and other students?  If under 18 teaching would be an E not a B.


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## bptp32 (Feb 27, 2014)

we do not have any information at this point. The owner is being very cautious with the info that he gives to the Building Dept.


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## steveray (Feb 27, 2014)

No info in writing...no permit...pretty easy...


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## mtlogcabin (Feb 27, 2014)

Frank said:
			
		

> How old is the daughter and other students?  If under 18 teaching would be an E not a B.


Age has nothing to do with the difference between an "E" or "B" occupancy.

304.1 Business Group B.

Training and skill development not within a school or academic program

If the building is being used for horsemanship, riding lessons, 4-H or any number of other training uses and is not part of a school or academic program it could easily be a "B" use


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## JBI (Feb 27, 2014)

Frank - E occupancy is for schools that teach a normal grade school curriculum, not specialized instruction like horsemanship.

bptp32 - The key to the OP is in the actual use of the space. Until the owner is forthcoming with detailed information the process cannot move forward.

Also, the State website has at least one advisory document regarding riding arenas. It all hinges on who will be inside and for what specific purpose(s).

Keep us updated on the progess...


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## bptp32 (Feb 27, 2014)

I have sent the State determination to the head inspector.   The State determination was based on occupant loading. Less than 50 people could be be a B occupancy (NYS enhancement).  Greater than 50 occupants would be an A-4 or an A-3 depending on spectator seating or not.  I agree, no info,  no review.  I am trying to help a new BI that has been trying to address this issue.  I would error on an A occupancy with separation from the stable area to meet maximum area increase allotment.


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## Frank (Feb 27, 2014)

JBI said:
			
		

> Frank - E occupancy is for schools that teach a normal grade school curriculum, not specialized instruction like horsemanship. bptp32 - The key to the OP is in the actual use of the space. Until the owner is forthcoming with detailed information the process cannot move forward.
> 
> Also, the State website has at least one advisory document regarding riding arenas. It all hinges on who will be inside and for what specific purpose(s).
> 
> Keep us updated on the progess...


It depends on if they have a summer camp or what not and may vary by state.  In VA social services has been pushing the martial arts studeos etc that have summer camps where parents are not typically present to license as daycares and get E COs.  E use refers to religious instruction which is not part of normal grade school--it also states 2-1/2 years through 12th grade.


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## cda (Feb 27, 2014)

bptp32 said:
			
		

> I have sent the State determination to the head inspector.   The State determination was based on occupant loading. Less than 50 people could be be a B occupancy (NYS enhancement).  Greater than 50 occupants would be an A-4 or an A-3 depending on spectator seating or not.  I agree, no info,  no review.  I am trying to help a new BI that has been trying to address this issue.  I would error on an A occupancy with separation from the stable area to meet maximum area increase allotment.


Is the stable keepers residence attached to the arena building


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## bptp32 (Feb 28, 2014)

no; the caretaker residence is a stand alone building elsewhere on the lot.


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## JBI (Feb 28, 2014)

Frank,

Read the Code.

Since the OP is from NYS, I've included the current NYS provisions. For clarity I've included the 2012 IBC provisions.

The riding arena is NOT an E occupancy under either, ever.

*2010 BCNYS 305.1 Educational Group E.* Educational Group E occupancy includes, among others, the use of a building or structure, or a portion thereof, by six or more persons at any one time for educational purposes through the 12th grade. Religious educational rooms and religious auditoriums, which are accessory to places of religious worship in accordance with Section 508.3.1 and have occupant loads of less than 100, shall be classified as A-3 occupancies.

*305.2 Day care.* The use of a building or structure, or portion thereof, for educational, supervision or personal care services for more than five children older than 21/2 years of age, shall be classified as a Group E occupancy.

and...

*2012 IBC 305.1 Educational Group E. *

Educational Group E occupancy includes, among others, the use of a building or structure, or a portion thereof, by six or more persons at any one time for educational purposes through the 12th grade.*305.1.1 Accessory to places of religious worship. *

Religious educational rooms and religious auditoriums, which are accessory to _places of religious worship _in accordance with Section 303.1.4 and have _occupant loads_ of less than 100, shall be classified as Group A-3 occupancies.*305.2 Group E, day care facilities. *

*This group includes buildings and structures or portions thereof occupied by more than five children older than 2**1**/**2** years of age who receive educational, supervision or **personal care services** for fewer than 24 hours per day. *

*305.2.1 Within places of religious worship. *

Rooms and spaces within _places of religious worship_ providing such day care during religious functions shall be classified as part of the primary occupancy.*305.2.2 Five or fewer children. *

A facility having five or fewer children receiving such day care shall be classified as part of the primary occupancy.*305.2.3 Five or fewer children in a dwelling unit. *

A facility such as the above within a _dwelling unit_ and having five or fewer children receiving such day care shall be classified as a Group R-3 occupancy or shall comply with the _International __Residential Code._


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## JBI (Feb 28, 2014)

This is the NYS Technical Bulletin on the subject.




*This document explains the occupancy classifications and the code requirements for a horse boarding**stable, and a barn for raising animals and/or growing and storing crops, versus an indoor horse riding**arena.  * 

*Effective Date: January 1, 2003*
​*Source Document: 19NYCRR 1221 - **(BCNYS)*
​*Topic: Agricultural building vs Horse riding arena*
​*Building Code of New York State * _Building Code of New York State _ (BCNYS) section 101.2, _Scope_, exception 2. provides that*agricultural buildings used solely in the raising, growing or storage of agricultural products by a farmer**engaged in a farming operation are exempt from requirements of the BCNYS. A commercial horse**boarding building, and a barn for raising animals and/or growing and storing crops are considered**agricultural and a riding arena is not. Please note that the building department which has jurisdiction**may require a building permit for the construction of agricultural buildings, to insure that the building**meets the zoning requirements and to alert the assessor.**Article 25AA of the Agriculture and Markets Law provides for preferential assessments, referred to as**agricultural assessments, for agricultural land which satisfies certain statutory criteria. To be eligible for**an agricultural assessment, land must satisfy the definition for the term “land used in agricultural**production” set out in Agriculture and Markets Law §301. It is worth noting that in 1994 the definition**of land used in agricultural production was amended to provide that land used to support a commercial**horse boarding operation would thereafter be included within the definition and consequently be eligible**for an agricultural assessment.**Whether the property owner files for an agricultural assessment or not, a horse boarding facility and a**barn for raising animals and/or growing and storing crops, no matter the size, is an agricultural building**for purposes of the BCNYS and is exempt from the construction and inspection requirements.*

*Fire Code of New York State *(FCNYS) section 102.1(5) contains the same exception to the construction*requirements of the code. However, this section also states:*
​
_*Agricultural buildings shall be subject to the applicable requirements of fire safety practice and*_*methodology prescribed herein*.*This section provides for the periodic inspection of agricultural buildings. The frequency of such**inspections shall be in accordance with local law for administration and enforcement of the Uniform Fire**Prevention and Building Code.**Page 2**An indoor horse riding arena for the use of the people boarding their horses on said farm is classified as**a U occupancy. If such arena is used for other than private purposes, such as teaching horsemanship**skills or entertainment for the public, the occupancy classification is A-3 (up to 300 persons). The**allowable area for such a building is 5,000 square feet for a U and 6,000 square feet for a A-3, of wood**frame construction. BCNYS section 507, *_Unlimited area buildings_, 507.5 for group A-3 buildings of*type I or II (non-combustible) construction are allowed unlimited area however they are required to be**sprinklered and to be surrounded by 60 foot public ways or yards.*


​*Division of Code Enforcement and Administration*


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## Frank (Feb 28, 2014)

JBI said:
			
		

> Frank, Read the Code.
> 
> Since the OP is from NYS, I've included the current NYS provisions. For clarity I've included the 2012 IBC provisions.
> 
> ...


Under IBC where there is a program where the children between 2-1/2 and 18 are dropped off and supervised by the horsemanship school it can fall  into "This group includes buildings and structures or portions thereof occupied by more than five children older than 2-1/2 years of age who receive educational, supervision or personal care services for fewer than 24 hours per day."  as both supervision and educational services are being provided.

Under NYS there is different code language and a separate interp as you showed.

In Virginia, it would likely fall under the farm structure exemption from the code--assuming it was on a farm.


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