Temporary Use (not temporary building)

[lpiburn]

A weird one came across my desk today and I would appreciate any input.

The question is: Does the new addition have to comply with all of the relevant requirements for an assembly occupancy if it is only used for a very short time?

The project is an addition to an existing agricultural building. The intended use is as a dining hall, but only for a very short duration (a few weeks at most). The rest of the time it would be storage and/or misc. agricultural use. No restrooms are provided, and I am not sure if the owner even plans on providing permanent heating/cooling. The existing building is completely open on one side, but the addition will be enclosed. There are plenty of doors so means of egress is OK, but no permanent bathrooms are provided.

The idea is that for a short period, temporary workers (some 200ish) will be bussed in. Temporary housing units and toilet facilities (read: portajohns) will be provided for the few weeks of active work. A mobile kitchen will also be brought in (semi trailer w/ full commercial equipment, ansul, etc.) during the stay. The new addition will be used as a temporary mess hall while the workers are there.

Without getting into specifics, I can say that under normal conditions a sprinkler system would be required, as well as some modifications to the separation between the new A and the existing U portions of the building, not to mention bathrooms, fire alarms, etc. The weird part is the temporary nature of the use. Without the temporary housing, temporary kitchen, and temporary bathrooms, the space is just an empty room that will probably be filled with miscellaneous junk throughout most of the year. The part that really gets me is 2009 IBC 302.1 – “[...] A room or space that is intended to be occupied at different times for different purposes shall comply with all of the requirements that are applicable to each of the purposes for which the room or space will be occupied. [...]” Does this still apply in such a specific circumstance?

Thanks,

Logan

 

[cda]

Yes...............

 

[fatboy]

Agree, yes.............

 

[cda]

Now with that being said how much control do you have over the building??

You start out saying will be a dining , and than go into housing 200 or so people?? so is it dining room only or housing also?

If it is going to be storage the majority of the time and a dance hall one week oout of the year, that may be a little different thing. If you some how are 100% sure they would not abuse the prvialge.

Kind of like a warehouse that someone rents out for a wedding or something.

I think you need some minimum requirements like panic hardware and doors swinging out.

 

[cda]

Is this in a city, on a reservation, out in the county, on federal land, or out in the middle of no where???

 

[lpiburn]

I have no more control than for any normal construction project. As you said, an owner can rent out their building for a completely wrong use if they don't know any better (or don't care). In this case I can be pretty sure that it will not be continuously occupied as assembly since there won't be any amenities except during the temporary work time. That's what made me question this in the first place.

Housing will be in temporary portable units. No one will be sleeping in the addition or the existing building.

I will definitely be suggesting some minimum safety features, but it's the big stuff that has me stumped. If nothing else, a new set of bathrooms and a new sprinkler system would be an enormous expense compared to the addition itself. The room is the definition of bare bones. For instance, there are no interior finishes besides the standard metal building panels.

This is on a reservation in the middle of farm country so it's more like the left-edge of nowhere. Of course there is also no AHJ to talk things over with, which is why I'm struggling a bit with this one.

 

[cda]

Well federal/ reservation land

Do they have anything like a temporary use permit? If so maybe have them use that each time and minimum requirements?

So how are you invovled in this?

 

[cda]

there is section 108 IBC 2009

Just a matter of how you interpret any requirements

 

[lpiburn]

Permits... What a novel concept. They should probably start using those...

Our involvement is one of the somewhat silly things about this project. The addition is almost complete already. A few days ago somebody asked if it met code, and hence we get a phone call. We had nothing to do with the original design and are just trying to figure out what -if any- changes need to be made.

108.2 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure public health, safety and general welfare.

I don't know about you but to me that means just about everything would have to comply.

 

[cda]

Permits... What a novel concept. They should probably start using those...Our involvement is one of the somewhat silly things about this project. The addition is almost complete already. A few days ago somebody asked if it met code, and hence we get a phone call. We had nothing to do with the original design and are just trying to figure out what -if any- changes need to be made.

I don't know about you but to me that means just about everything would have to comply.

yep you are correct, that is what the commentary says. just read it

strange you can put up a tent and not need it all??

 

[cda]

well the other thing is limit occupancy to 49 at a time??

sorry not much help

 

[mtlogcabin]

Does it meet the requirements for storage then the building meets the building code.

Now the temporary use is a different subject.

Sounds like the facility might be used as a Community Hall where the temporary workers will gather during their time off to socialize enjoy the catered food that is supplied for the daily events. An A-3 less than 12,000 sq ft fire area and 300 OL does not need a sprinkler system.

Sanitary is covered with the porta potties.

You stated exiting and proper lighting along with emergency illumination and exit signage can be addressed.

I know I stretched it.

 

[cda]

Does it meet the requirements for storage then the building meets the building code.Now the temporary use is a different subject.

Sounds like the facility might be used as a Community Hall where the temporary workers will gather during their time off to socialize enjoy the catered food that is supplied for the daily events. An A-3 less than 12,000 sq ft fire area and 300 OL does not need a sprinkler system.

Sanitary is covered with the porta potties.

You stated exiting and proper lighting along with emergency illumination and exit signage can be addressed.

I know I stretched it.

Very good, should have looked past the first chapter

 

[Rider Rick]

Have you ever heard of Sturgis Bike Week?

I was at Sturgis South Dakota this year and everything I saw met the Fire and Building Codes and that is for two weeks max.

Why would this be any different?????

 

[mtlogcabin]

High alcohol consumption 24 -7 party time versus a working environment.

Use Chapter 34 and use Section 3412 Alternative compliance

3412.1 Compliance. The provisions of this section are intended to maintain or increase the current degree of public safety, health and general welfare in existing buildings while permitting repair, alteration, addition and change of occupancy without requiring full compliance with Chapters 2 through 33, or Sections 3401.3, and 3403 through 3409, except where compliance with other provisions of this code is specifically required in this section.

The building is storage 345 days per year, for 20 days it is used for another purpose.

The Fire Code would address the temporary use for this short time frame.

 

[north star]

= + =

IMO, ...not all of the minimum codes would be required if only a temporary

use......Lot's of approved type portable fire extinguishers on site and that

they actually will work if needed.....Also, ...since this location is out on

the left edge of nowhere, if some type of assistance is needed, ...will cell

phones have coverage out there ?.........If not, are there any [ telephone ]

landlines set up ?

Oh yeah, ...one more thing, have the temporary set-up documented and

signed with the dates and purposes by a responsible party [ if possible ].



+ = +

 

[Frank]

It becomes a judgment call and you negotiate what measures to be taken--like how many people can we cram in an aircraft hanger for a campaign event--that also involved working with Secret Service and Homeland Security requirements as well as fire safety and egress. Usually something can be worked out

 

[Builder Bob]

unless you can schedule the time that a fire or other emergency occurs, then yes.... the space has to meet "The Minimum" requirements of the code.....

 

[lpiburn]

Thank you everyone for your replies. This is one of the wierder projects I have dealt with so far and I appreciate all the input.

An A-3 less than 12,000 sq ft fire area and 300 OL does not need a sprinkler system.

Close, but not quite. The primary use will be for dining, so A-2. IBC/IFC 9.3.2.1.2.2: [sprinklers required if] The fire area has an occupantload of 100 or more.

If they use it for social gatherings as well, ok, but that doesn't solve the sprinkler problem.

I was at Sturgis South Dakota this year and everything I saw met the Fire and Building Codes and that is for two weeks max.

I have never been. Do you mean everything you saw was temporary and complied?

The Fire Code would address the temporary use for this short time frame.

Doesn't this conflict with IBC 302.1 from my OP? If not, could you explain how?

will cell phones have coverage out there ?.........If not, are there any [ telephone ]landlines set up ?

Nothing to this building. There is an admin building (trailer) on the same site so in the case of an emergency someone can be contacted.

unless you can schedule the time that a fire or other emergency occurs, then yes.... the space has to meet "The Minimum" requirements of the code.....

Of course I can schedule the time a fire will occur. Just let me get out my trusty gas can and some oily rags. I'll be right back...

 

[cda]

Ok here we go

Seating for 49 people only and the rest are in the community hall visiting waiting for a seat

A-3!!!! ???

 

[mtlogcabin]

I know I was stretching the A-3 by calling it a Community hall and placing it in an A-3. The legacy codes made a distinction between dining establishments that served food and those that served alcohol in order to require sprinklers. The I-Codes went with lower OL and fire area. Personally I do not believe a Burger King, Wendys or McDonanalds with more than 100 Ol needs to be sprinkled. I don't believe a mess hall needs to be sprinkled. All cooking is done in a separate facility what is the hazard associated with 200 people sitting and eating in a building.

If I have a 5,000 sq ft warehouse and I want to open it up to feed the homeless between Thanksgiving and Christmas and all food is prepared in a separate facility and porta-johns are brought in for sanitation cooking. Will the building department be looking at this as a change of use or will they pass it off to the Fire Department to issue a temporary operational permit.

So classify the building as an S or u for which it was designed and then get an operational permit for the temporary use. If you do not have an AHJ to work with talk with the insurance company or the Fire Marshal. You are concerned with the dinning hall but are the sleeping quarters sprinkled? Are they required to be? How many occupants in each unit? You might be missing the elephant in the room when it comes to potential life safety hazards.

105.1.2 Types of permits.

There shall be two types of permits as follows:

1. Operational permit. An operational permit allows the applicant to conduct an operation or a business for which a permit is required by Section 105.6 for either:

1.1. A prescribed period.

1.2. Until renewed or revoked.

105.6 Required operational permits.

The fire code official is authorized to issue operational permits for the operations set forth in Sections 105.6.1 through 105.6.46.

105.6.34 Places of assembly.

An operational permit is required to operate a place of assembly.

 

[cda]

Could also go with A-3 because there is no kitchen facility in it

Community hall

 

[brudgers]

Ask yourself, "If I were the fire marshal, what would be my concerns and how could they be addressed?"

That will get you to the heart of the matter.

The dangerous road with a temporary use held to lesser requirements has the building passing through a haunted house maze during Halloween.

In other words, uses for under-utilized large spaces tend to slide down the slippery slope and someone may have the revelation that it could be used for worship five nights a week and three times on Sunday.

Yeah, it costs money.

That's just the nature of business.

 

[MASSDRIVER]

Yeah, it costs money.

That's just the nature of business.

The nature of business is to make money. If you exacerbate the costs to the point that overhead costs too much there will be no business. This is where common sense has a place. If you work with the entity to get it permitted and safe for a reasonable cost, they can continue. It does not sound like a bunch of renegades to me. They are bringing in housing, dining, sanitation, and most telling, trying to provide some type of "off hours" comfort level to workers.

Get a bunch of people around and they will want to socialize and kill time.

reason should prevail.

Brent.