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New restaurant ownership... change of occupancy?

Discussion in 'Existing Buildings Codes' started by BillS, Aug 3, 2017.

  1. BillS

    BillS Member

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    If an existing restaurant is purchased by a new owner, and the new owner plans to make interior renovations, is the project
    • Simply considered a Level 2 or 3 Alteration (depending on the extent) because the occupancy/use isn't changing; or
    • Also considered a Change of Occupancy?
    I ask this because in IEBC 2009 310.4.1 the commentary says, "When a building undergoes a partial change of occupancy, such as where there is a tenant change..."

    So, if a building owner has a new tenant, that's a "partial change of occupancy," but what if there's a new owner? I'd assume that it's the same thing, but I don't want to assume anything and I can't find any code reference that talks about this...

    Thanks!

    Bill
     
  2. fatboy

    fatboy Administrator

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    I've always considered it to remain the same unless it is actually a "change" of occupancy, as in occupancy group. JMHO
     
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  3. ADAguy

    ADAguy Sawhorse

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    Spot on Fat, if use continues to be the same and only the tenant changes it is not a change of occupancy, unless the present use is tied to a conditional use permit limited to the original tenant.
     
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  4. mtlogcabin

    mtlogcabin Sawhorse

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    IEBC definition

    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.

     
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  5. RLGA

    RLGA Sawhorse

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    The reference to a new tenant for a partial change of occupancy is meant as an example only, such as when a mercantile tenant in a strip mall moves out and a new restaurant tenant moves in--the entire building doesn't have a change of occupancy, just that one tenant space.
     
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  6. BillS

    BillS Member

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    Thanks!
     
  7. PJC89

    PJC89 Well-Known Member

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  8. mtlogcabin

    mtlogcabin Sawhorse

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    A dentist office is a B however if the dentist office after a few years starts to include dental surgery where the patients are rendered incapable of self preservation then it is still a "B" occupancy that is now an Ambulatory Care Facility and sprinklers and alarms are required under Chapter 4

    That is what the above definition is referring too.
     
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  9. JBI

    JBI Sawhorse

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    A 'level of activity' example could be a restaurant changing to a night club.
    Much higher occupant load, dimmer lighting/flashing lights, louder music, primarily alcohol and a little food compared to primarily food and a little alcohol.
     

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