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Code Administration Question of the Day 2 Aug 2018

OK, let's continue to discuss:

Q1) If it were a change of use and occupancy, would it be required to comply with State/Federal ADA codes/laws?

Q2) Since it is an "uncertified building" with NO history of a C of O, how could anything new not be a change of use?
 
Q1) If it were a change of use and occupancy, would it be required to comply with State/Federal ADA codes/laws?
Federal ADA is a civil rights law and not enforceable by a local AHJ

Q2) Since it is an "uncertified building" with NO history of a C of O, how could anything new not be a change of use?
C of O or not, uncertified or not a change of use or occupancy only has to comply with the following not the entire accessibility for new construction as outlined in IBC chapter 11 or ICC/ANSI A117.1

1012.8 Accessibility.
Existing buildings that undergo a change of group or occupancy classification shall comply with this section.

Exception: Type B dwelling or sleeping units required by Section 1107 of the International Building Code are not required to be provided in existing buildings and facilities undergoing a change of occupancy in conjunction with less than a Level 3 alteration.

1012.8.1 Partial change in occupancy.
Where a portion of the building is changed to a new occupancy classification, any alteration shall comply with Sections 705, 806 and 906, as applicable.

1012.8.2 Complete change of occupancy.
Where an entire building undergoes a change of occupancy, it shall comply with Section 1012.8.1 and shall have all of the following accessible features:

1. At least one accessible building entrance.

2. At least one accessible route from an accessible building entrance to primary function areas.

3. Signage complying with Section 1110 of the International Building Code.

4. Accessible parking, where parking is provided.

5. At least one accessible passenger loading zone, where loading zones are provided.

6. At least one accessible route connecting accessible parking and accessible passenger loading zones to an accessible entrance.

Where it is technically infeasible to comply with the new construction standards for any of these requirements for a change of group or occupancy, the above items shall conform to the requirements to the maximum extent technically feasible.

Exception: The accessible features listed in Items 1 through 6 are not required for an accessible route to Type B units.
 
Q1) If it were a change of use and occupancy, would it be required to comply with State/Federal ADA codes/laws?
Federal ADA is a civil rights law and not enforceable by a local AHJ

Yes, which is why I am also pointing to State accessibility laws which often mirror or point to the ANSI A117.1 through the I-Codes.
 
Q1) If it were a change of use and occupancy, would it be required to comply with State/Federal ADA codes/laws?

Not in Illinois, unless the change of use/occ. also required a building permit: Illinois Accessibility Code, Ch.1, 400.310 - "This code is applicable when work involving new construction, alterations, additions, historic preservation, restoration, or reconstruction in whole or in part begins after the effective date of this Code. The Code becomes enforceable with the signing of a construction contract, issuance of an official authorization or permit for construction, or the start of construction, whichever occurs first."

Q2) Since it is an "uncertified building" with NO history of a C of O, how could anything new not be a change of use?

If it's restaurant, and it closes, and next week (or even next year) a new guy wants to open a restaurant, nothing changed but the name on the door. "Here's your sign permit" and away you go. If it's a restaurant and next week the guy decides he's a barber, then he's probably going to have to make an alteration or two that will require a permit.
 
OK, let's continue to discuss:

Q1) If it were a change of use and occupancy, would it be required to comply with State/Federal ADA codes/laws?

Q2) Since it is an "uncertified building" with NO history of a C of O, how could anything new not be a change of use?

A1) see above replies!

A2) It depends!

EXISTING BUILDING. A building for which a legal certificate of occupancy has been issued under any edition of the USBC or approved by the building official when no legal certificate of occupancy exists, and that has been occupied for its intended use; or, a building built prior to the initial edition of the USBC.

CHANGE OF OCCUPANCY. Either of the following shall be considered a change of occupancy where the current VCC (amended IBC) requires a greater degree of accessibility, structural strength, fire protection, means of egress, ventilation or sanitation than is existing in the current building or structure:
1. Any change in the occupancy classification of a building or structure.
2. Any change in the purpose of, or a change in the level of activity within, a building or structure.
Note: The use and occupancy classification of a building or structure, shall be determined in accordance with Chapter 3 of the VCC.
 
OK, let's continue to discuss:

Q2) Since it is an "uncertified building" with NO history of a C of O, how could anything new not be a change of use?

We would class the building using the prior use if it is known. If unknown, then yes, we would treat it as a change of use.
 
Let's say the prior use was a few years ago and someone remembers it being a beauty parlor but there is no paperwork trail to back that up.
 
A building permit is going to be the driver where I am. And our State accessibility code isn't going to drive compliance without the permit.
 
A building permit is going to be the driver where I am. And our State accessibility code isn't going to drive compliance without the permit.

When you have an uncertified building with no documented history of a C of O that has not been used in some time and a new business wants to occupy it, does it require a permit?

How can you allow the occupancy of a commercial building with a business without a certificate of occupancy?
 
When you have an uncertified building with no documented history of a C of O that has not been used in some time and a new business wants to occupy it, does it require a permit? NO.

How can you allow the occupancy of a commercial building with a business without a certificate of occupancy? There's no such thing as an "uncertified building" in my City codes, nor any of the State codes I am permitted to / supposed to enforce.

[A] 102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the International Existing Building Code, the International Property Maintenance Code or the International Fire Code.

The legal occupancy of a building doesn't end once that building becomes vacant. So even 10 years later - if it was a beauty shop, and someone wants to reopen it as a beauty shop tomorrow, then I have no legal way to make them do anything. Nor should I.
 
The question I would always come back to is; is the building less safe now than if the beauty parlor had continually occupied the space? In my mind it is very unlikely that there is any increase in hazard simply that the use of the building was suspended for a few years and then started back up again.

On the legal side, if change of use/occupancy is my trigger, I have to prove that there was a change of use. If there is no paperwork, people remember it being a beauty parlor, and when I go to site I son't see something that is obviously a different use, I will have a very challenging time proving that the use has changed. The important question now is how do you capture the current use so this does not become a continuing issue? We have generally just written a memo to file stating the use so that there is some kind of record.
 
When you have an uncertified building with no documented history of a C of O that has not been used in some time and a new business wants to occupy it, does it require a permit? NO.

How can you allow the occupancy of a commercial building with a business without a certificate of occupancy? There's no such thing as an "uncertified building" in my City codes, nor any of the State codes I am permitted to / supposed to enforce.

[A] 102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the International Existing Building Code, the International Property Maintenance Code or the International Fire Code.

The legal occupancy of a building doesn't end once that building becomes vacant. So even 10 years later - if it was a beauty shop, and someone wants to reopen it as a beauty shop tomorrow, then I have no legal way to make them do anything. Nor should I.

If the beauty shop had no CO and a new business wants to occupy it, at what point do you start having legal occupancies in your jurisdiction? Where does the code / ordinance draw the line? At what point are you legally obligated to step in?
 
If the beauty shop had no CO and a new business wants to occupy it, at what point do you start having legal occupancies in your jurisdiction? Where does the code / ordinance draw the line? At what point are you legally obligated to step in?

They're already legal occupancies right now, today. That doesn't change until someone pulls a permit, or wants to change the use.

Once that happens, depending on the scope of the work being done, either the whole building or just that tenant space in the building will get a CO with/after their final inspection.
 
Let's say the prior use was a few years ago and someone remembers it being a beauty parlor but there is no paperwork trail to back that up.

In today's world google earth street view, facebook and other social medium platforms can verify a business use without paper documentation. Now it does not proof that the use you may find ever had a C of O but it is a starting point to work from.

We do not have a business license in our jurisdiction so the come and go every week. Half never succeed and are gone in 6 months or less. If alterations are being done that require a permit we work with them to get it done. If no permit is required we will do a fire life safety inspection but no C of O is ever given.
 
We do not have a business license in our jurisdiction so the come and go every week. Half never succeed and are gone in 6 months or less. If alterations are being done that require a permit we work with them to get it done. If no permit is required we will do a fire life safety inspection but no C of O is ever given.

Exactly the same thing here, except we do not do any inspections (fire/life safety) prior to them moving in. Only inspections we do are when a permit is pulled, or when we have PM complaints.
 
They're already legal occupancies right now, today. That doesn't change until someone pulls a permit, or wants to change the use.

Once that happens, depending on the scope of the work being done, either the whole building or just that tenant space in the building will get a CO with/after their final inspection.

How can they be legal occupancies when there is no history of a permit or CO for any part of the building? This is what I don't understand. So if there is a building you are not aware of that gets remodeled without a permit and a business moves in for 3 years then it is empty for another year then another business moves in, it is legal?

I am trying to establish the fact that NO CO ever existed for the building so when a new occupant (business) moves in with a new business, you have no requirements if they just want to put in some counters and display cases with no other renovations?
 
Perhaps you may have a satisfactory answer if it were required to keep copies of C of O on file including for structures that existed before a C of O were required to be issued.

For example where the lawful retention record for C of O is zero days after issuance how are you going to prove in court that it has not been legally occupied since it was constructed?
 
How can they be legal occupancies when there is no history of a permit or CO for any part of the building? This is what I don't understand. So if there is a building you are not aware of that gets remodeled without a permit and a business moves in for 3 years then it is empty for another year then another business moves in, it is legal? - See below.

I am trying to establish the fact that NO CO ever existed for the building so when a new occupant (business) moves in with a new business, you have no requirements if they just want to put in some counters and display cases with no other renovations? - NO.


This City was founded in 1816 - we just celebrated our bicentennial. Didn't have an ordinance establishing any building codes until 1958, and didn't have a full time building official/inspector until sometime in the 1980's. All of the buildings on our square and ~90% of them in our downtown were built well before either of those things happened. There are no CO's.

If, in theory, someone were to move in a business I don't know about, then IF the use is the same as the last use that was in there then the answer to the question in your first paragraph is - it is absolutely legal. There's nothing I can do to get into that building and force ANY changes unless there are PM violations.

In a bigger city I can see this being an issue, but here, not so much. There's ~7000 people here. There aren't any (non-criminal) businesses I don't know about, and even if there are, there are for dang sure no buildings I don't know about. Our problem buildings usually get dinged for a PM violation or two (because people looooove to complain), so in that process there is generally a requirement for a building permit. Once you have to have a building permit, you have to comply with the code(s). Once you comply with the code(s) to the extent that you are required to, and after I inspect it and verify that, then there is a CO issued (if applicable) for that portion of the building the permit was for. And that practice just started with me, a little less than 5 years ago - I've never seen a CO from this City that was issued prior to me taking this job.
 
How can they be legal occupancies when there is no history of a permit or CO for any part of the building? This is what I don't understand. So if there is a building you are not aware of that gets remodeled without a permit and a business moves in for 3 years then it is empty for another year then another business moves in, it is legal?

I am trying to establish the fact that NO CO ever existed for the building so when a new occupant (business) moves in with a new business, you have no requirements if they just want to put in some counters and display cases with no other renovations?

If they could not document last known accepted use....gloves off, change of use, new codes apply.
 
The answer to the first question, last stated by Jar is that if no CO existed for the space and use than it is an illegal occupancy.
The second question is that the use and occupancy must comply even if no alterations are being proposed.
The first threshold is ANSI requirements for accessible route from an accessible parking area. My first question would be to the applicant is what is the proposed use, how many square feet is the space and how many employees. Just for a start.
 
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