# Change of use and occupancy classification



## jar546 (Feb 8, 2011)

Scenario as follows:

Middle tenant space in a strip mall was a pharmacy then left unoccupied for unknown amount of time.  Original construction was prior to the I-Codes being adopted.

The pharmacy is stripped out and the plan is to convert this pharmacy into a large office available to the public.(office for public official)

It appears as though this is an M to a B and since in this state, a CofO is required to occupy a building, permits would be required to bring this tenant space up to minimum standards through Ch 34 of the IBC or by utilizing the IEBC including Ch 9.

A call to the state's L&I department which overseas the administration of the UCC confirms my opinion, conversations with other BCO's in the state also confirm this.

Does this sound appropriate and correct?


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## Mac (Feb 8, 2011)

Ummm  yes, although the NY Building code doesn't have a chapter 34, so the EBC would be the code to use.

Accessibility, rest rooms, light & vent, etc.


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## cda (Feb 8, 2011)

Was it a B under the old code????


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## jar546 (Feb 8, 2011)

There were no use and occupancy classifications with codes like we have now.  It was a pharmacy.


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## rshuey (Feb 8, 2011)

Exactly correct. Most engineers will pick one of the big 3 from the IEBC and run with it.


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## FyrBldgGuy (Feb 8, 2011)

Yes and No.  If the new space is constructed and creates a more hazardous condition then I would tend to head that direction.  As in the case where a strip mall under a previous legacy code has a new tennat improvement and that triggers a condition due to maximum allowable area for a type of occupancy.

Would you use the IEBC or Ch 34 if the space was coverted to a bar with stage?  Maybe with an occupancy of 500.


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## globe trekker (Feb 8, 2011)

Jeff,

Yes, you are the right track for using the IEBC and or Ch. 34, ...whichever is the more restrictive.

FWIW, is there any NM wiring in the space? If so, are you going to require them to remove it

all and replace compliant wiring, per Section 3403.1 in the `06 IBC - "*SECTION 3403 ADDITIONS,*

*ALTERATIONS OR REPAIRS*

*3403.1 Existing buildings or structures. *

Additions or alterations to any building or structure shall comply with the requirements of the

code for new construction. Additions or alterations shall not be made to an existing building

or structure that will cause the existing building or structure to be in violation of any provisions

of this code. An existing building plus additions shall comply with the height and area

provisions of Chapter 5. Portions of the structure not altered and not affected by the alteration

are not required to comply with the code requirements for a new structure." If they move, alter

any existing circuits...

.


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## cda (Feb 8, 2011)

"""There were no use and occupancy classifications with codes like we have now. It was a pharmacy."""

So it was a nothing occupancy now it is a "B". Sounds like they either start over as a new occupancy or free pass??


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## mtlogcabin (Feb 8, 2011)

> Yes, you are the right track for using the IEBC and or Ch. 34, ...whichever is the more restrictive.


Our state it is one or the other you can't mix the 2 together. Designers choice which one to use. Check your state regs first as the BO you may not have a say in which code is used or require the most restrictive.


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## JBI (Feb 8, 2011)

PA leaves it owner/designer option I believe.

The occupancy class of the pharmacy is by todays code, same way you'd do a fire safety inspection, or process for a permit.

*SECTION 309 MERCANTILE GROUP M*

*309.1 Mercantile Group M.* Mercantile Group M occupancy includes, among others, the use of a building or structure or a portion thereof, for the display and sale of merchandise and involves stocks of goods, wares or merchandise incidental to such purposes and accessible to

the public. Mercantile occupancies shall include, but not be limited to, the following:

Department stores

*Drug stores*

Markets

Motor fuel-dispensing facilities

Retail or wholesale stores

Sales rooms

Conversion of an M to a B.


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