# Partial Occupancy change



## charlie (Jan 10, 2012)

I have a request to allow a hair salon to operate out of a (R-1) single family residence. There is to be no alterations to the building. Allowing this partial OCC change would this require ADA upgrades?


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## mark handler (Jan 10, 2012)

In ADA terms. Yes.

Sec.36.207 Places of public accommodation located in private residences.

(a) When a place of public accommodation is located in a private residence, the portion of the residence used exclusively as a residence is not covered by this part, but that portion used exclusively in the operation of the place of public accommodation or that portion used both for the place of public accommodation and for residential purposes is covered by this part.

(b) The portion of the residence covered under paragraph (a) of this section extends to those elements used to enter the place of public accommodation, including the homeowner's front sidewalk, if any, the door or entryway, and hallways; and those portions of the residence, interior or exterior, available to or used by customers or clients, including restrooms.

http://www.ada.gov/reg3a.html#Anchor-37516


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## brudgers (Jan 10, 2012)

charlie said:
			
		

> I have a request to allow a hair salon to operate out of a (R-1) single family residence. There is to be no alterations to the building.


  I sincerely doubt that no alterations will be required.


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## gbhammer (Jan 10, 2012)

Have you adopted the International Existing Building Code?

Change of use even partially may require them to make alterations


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## iggentleman (Jan 10, 2012)

brudgers said:
			
		

> I sincerely doubt that no alterations will be required.


I would expect some plumbing and electrical work would be required. At the least, ventilation needs to change.


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## gbhammer (Jan 10, 2012)

IEBC 2009 605.2 exceptions: the provision for accessibility do not apply with alterations limited to electrical and mechanical alterations


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## brudgers (Jan 10, 2012)

iggentleman said:
			
		

> I would expect some plumbing and electrical work would be required. At the least, ventilation needs to change.


  Door width, probably structure for anything built off grade, hoods for cooking equipment - all sorts of stuff...like sprinklers for a building containing an R occupancy.


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## gbhammer (Jan 10, 2012)

IEBC 912.2.1 a sprinkler is required based on the requirements for the new occupancy (B) not the existing (R3) no sprinkler / 912.4 egress hazard is less for a B occupancy no change there either. 909.1 looks like a hood is going to be needed.


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## brudgers (Jan 10, 2012)

A business occupancy in a building which contains an R occupancy requires sprinklers. The alternative would be to construct a firewall.


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## steveray (Jan 10, 2012)

But don't forget change of use!



			
				gbhammer said:
			
		

> IEBC 2009 605.2 exceptions: the provision for accessibility do not apply with alterations limited to electrical and mechanical alterations


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## mtlogcabin (Jan 10, 2012)

As far as ADA our state ammendment for businesses located in a residence is almost word for word what Mark posted

We also do not require sprinklers in R occupancies of 8 dwelling units or less

Check local codes for ammendments


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## gbhammer (Jan 10, 2012)

If you have adopted the 2009 IEBC and you are changing use of an R3 to add a business to the home you do not need to sprinkle the house if you are making no alterations.

901.3.1 Partial change of occupancy classification. Where a portion pf an existing building is changed to a new occupancy classification, Section 912 shall apply.

912.1.4 Accessibility. All buildings undergoing a change of occupancy classification shall comply with Section 912.8

912.8.1 Partial change in occupancy. Where a portion of the building is changed to a new occupancy classification, any alterations shall comply with Section 605 and 706, as applicable.

605 General. ... EXCEPTIONS:

1. The altered element or space is not required to be on an accessible route unless required by Section 605.2

605.2 Alterations affecting an area containing a primary function. Where an alteration affects the accessibility to a, or contains an area of, primary function, the route to the primary function area shall be accessible. the route to the primary function area shall include toilet facilities or drinking fountains serving the area of primary function. EXCEPTIONS:

1. The cost of providing the accessible route are not required to exceed 20 percent of the cost of alterations affecting the area of primary function. (20% of zero is zero)

2. This provision does not apply to alterations limited solely to windows, hardware, operating controls, electrical outlets and signs.

3. This provision does not apply to alterations limited solely to mechanical systems, electrical systems, installation or alteration of fire protection systems and abatement of hazardous materials.

4. This provision does not apply to alterations undertaken for the primary purpose of increasing the accessibility of an existing building, facility or element.

Accessibility is not required by the "building code" for a partial change of occupancy as described in this OP

Back to 912 to look at the sprinklers

912.2.1 Fire sprinkler system. Where a change of occupancy classification occurs that requires an automatic fire sprinkler to be provided based on the new occupancy in accordance with Chapter 9 of the international Building Code, such system shall be provided throughout the area where the change of occupancy occurs. "The new occupancy as described in this OP (hair salon B use) would not require a sprinkler and even if it did only the area that has the new occupancy would be required to have the sprinkler system."


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## gbhammer (Jan 10, 2012)

mtlogcabin said:
			
		

> As far as ADA our state ammendment for businesses located in a residence is almost word for word what Mark postedWe also do not require sprinklers in R occupancies of 8 dwelling units or less
> 
> Check local codes for ammendments


Our local codes have been amended to not require a sprinkler system in R3 occupancies. Even if as I just noted the building is an R1 so long as it has less than ten occupants living in dwelling units then it can fall under R3.


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## mtlogcabin (Jan 10, 2012)

2009 IEBC

901.1 Scope.

The provisions of this chapter shall apply where a change of occupancy occurs, as defined in Section 202, including:

1. Where the occupancy classification is not changed, or

2. Where there is a change in occupancy classification or the occupancy group designation changes.

CHANGE OF OCCUPANCY. A change in the purpose or level of activity within a building that involves a change in application of the requirements of this code.

Chapter 9 is applicable

901.3.1 Partial change of occupancy classification.

Where a portion of an existing building is changed to a new occupancy classification, Section 912 shall apply.

912.1.1.1 Change of occupancy classification without separation.

Where a portion of an existing building is changed to a new occupancy classification and that portion is not separated from the remainder of the building with fire barriers having a fire-resistance rating as required in the International Building Code for the separate occupancy, the entire building shall comply with all of the requirements of Chapter 8 applied throughout the building for the most restrictive occupancy classification in the building and with the requirements of this chapter.

912.2.1 Fire sprinkler system.

Where a change in occupancy classification occurs that requires an automatic fire sprinkler system to be provided based on the new occupancy in accordance with Chapter 9 of the International Building Code , such system shall be provided throughout the area where the change of occupancy occurs.

The new "B" occupancy does not require a sprinkler system so move to Chapter 8

804.2.2 Automatic fire detection.

Where required by the International Building Code for new buildings, automatic fire detection systems shall be provided throughout the work area.

The work area is a "B" occupancy and not required for new buildings

804.1 Automatic sprinkler systems.

Automatic sprinkler systems shall be provided in all work areas when required by Section 704.2 or this section.

704.2 Automatic sprinkler systems.

Automatic sprinkler systems shall be provided in accordance with the requirements of Sections 704.2.1 through 704.2.5. Installation requirements shall be in accordance with the International Building Code .

704.2.1 High-rise buildings. Not a High Rise

704.2.1.1 Supplemental automatic sprinkler system requirements.

Where the work area on any floor exceeds 50 percent of that floor area, Section 704.2.1 shall apply to the entire floor on which the work area is located.

Doubt it will exceed 50% of the floor area

704.2.2 Groups A, B, E, F-1, H, I, M, R-1, R-2, R-4, S-1 and S-2.

In buildings with occupancies in Groups A, B, E, F-1, H, I, M, R-1, R-2, R-4, S-1 and S-2, work areas that have exits or corridors shared by more than one tenant or that have exits or corridors serving an occupant load greater than 30 shall be provided with automatic sprinkler protection where all of the following conditions occur:

You would have to have an occupant of over 30 for the "B" occupancy and it is not applicable to the R-3 use

JMO sprinklers not required


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## brudgers (Jan 10, 2012)

gbhammer said:
			
		

> "The new occupancy as described in this OP (hair salon B use) would not require a sprinkler and even if it did only the area that has the new occupancy would be required to have the sprinkler system."


  The new occupancy requires sprinklers because it is in a building with an R occupancy.


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## Coug Dad (Jan 10, 2012)

Don't most jurisdictions have provisions for home based businesses?


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## Mac (Jan 11, 2012)

There are salons, and there are Salons. If this is treated as a Home Occupation, as in the Residential Code J102.5.1, it's possible there could be no permit requirement. Although the OP didn't ask, no sprinkler system is required.

If, on the other hand, the proposed salon involves the conversion of the house into a serious, multi station business use.... well thats whole different color ball game.


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## jar546 (Jan 11, 2012)

Would the new section for "Live-Work" unit apply in chapter 4?  Not at work yet to read it.


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## gbhammer (Jan 11, 2012)

brudgers said:
			
		

> The new occupancy requires sprinklers because it is in a building with an R occupancy.


Me thinks that you are intentionally being obtuse. :shock:

The Existing Building code is so very clear on the subject of whether or not a sprinkler is required, in the case where no alterations take place only the new occupancy applies the new occupancy with no consideration from the existing occupancy. Or you can follow mt’s thread through chapter 8 and come to the same conclusion.  

So you must just be playing dumb, because I know you’re smarter than the average dog.  :roll:


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## Big Mac (Jan 11, 2012)

Check out Section 419 / Live-work units


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## gbhammer (Jan 11, 2012)

Big Mac said:
			
		

> Check out Section 419 / Live-work units


Section 419 would apply only if the RDP wants to use it. The RDP can classify the building in whatever manner he sees fit, mixed use is still allowed and the IEBC or chapter 34 of the IBC can be used. 419 is an option to a mixed use occupancy not a requirement.


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## brudgers (Jan 11, 2012)

gbhammer said:
			
		

> Me thinks that you are intentionally being obtuse. :shock:  The Existing Building code is so very clear on the subject of whether or not a sprinkler is required, in the case where no alterations take place only the new occupancy applies the new occupancy with no consideration from the existing occupancy. Or you can follow mt’s thread through chapter 8 and come to the same conclusion.    So you must just be playing dumb, because I know you’re smarter than the average dog.  :roll:


  In so far as the new occupancy needs to comply with the IBC, 903.2.7 applies.


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## gbhammer (Jan 11, 2012)

brudgers said:
			
		

> In so far as the new occupancy needs to comply with the IBC, 903.2.7 applies.


Absolutely and if that new use (you know that new B use) needs a sprinkler systems then by golly it would get one, but not the rest of the existing building that has no alterations being done in it.

A use group B may need a sprinkler system if it is an ambulatory health care facility or exceeds its height and area limitations for the type of construction, thats about it. The R3 if build before the 2009 codes does not trigger a sprinkler requirement if there are no alterations or limited (as described above) alterations.


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## brudgers (Jan 12, 2012)

gbhammer said:
			
		

> Absolutely and if that new use (you know that new B use) needs a sprinkler systems then by golly it would get one, but not the rest of the existing building that has no alterations being done in it. A use group B may need a sprinkler system if it is an ambulatory health care facility or exceeds its height and area limitations for the type of construction, thats about it. The R3 if build before the 2009 codes does not trigger a sprinkler requirement if there are no alterations or limited (as described above) alterations.


  Obviously and unsurprisingly, you did not read the cited code section.


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## mtlogcabin (Jan 12, 2012)

brudgers said:
			
		

> Obviously and unsurprisingly, you did not read the cited code section.


You forgot to read the 1st part

[F] 903.2 Where required.

Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section.

This is not a new building it is existing.


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## gbhammer (Jan 12, 2012)

brudgers said:
			
		

> Obviously and unsurprisingly, you did not read the cited code section.


Pishaw, we ben reedn out heer from da sicks grade on up


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## gbhammer (Jan 12, 2012)

mtlogcabin said:
			
		

> You forgot to read the 1st part[F] 903.2 Where required.
> 
> Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section.
> 
> This is not a new building it is existing.


Do you mean brudgers did not read something.


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## steveray (Jan 12, 2012)

How are they meeting the higher live loading requirements of the new "business" use?


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