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2003 IBC 3406.1 and 903.2 application

Joined
Mar 7, 2013
Messages
4
Location
Fort Worth, Texas
Given:

Change of Use/ Change of Occupancy

From B/M/R-1 to all R-1

Type V-B Construction, 5,966 sf, unprotected, non-sprinklered

Applied 2003 IBC 3406.1 Conformance.

“No change shall be made in the use or occupancy of any building that would place the building in a different division of the same group of occupancy or in a different group of occupancies, unless such building is made to comply with the requirements of this code for such division or group of occupancy. Subject to the approval of the building official, the use or occupancy of existing buildings shall be permitted to be changed and the building is allowed to be occupied for purposes in other groups without conforming to all the requirements of this code for those groups, provided the new or proposed use is less hazardous, based on life and fire risk, than the existing use.”

This kicked in Sprinkler requirement under 903.2.7 Group R. [F]

“An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area.”

Applicant is balking due to

1) Claiming misinterpretation of 903.2 Where required. [F]

“Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section.” (emphasis added) Thinks it doesn’t apply to project because building is not new. There is a substantial amount of work under permit to replace electrical, mechanical, sheetrock and insulation, plus add a pool. Other than accessible upgrades, no change to MOE. Building sides and rear are 3’ or less to property line.

2) On another project, a former plans examiner had not applied 903.2 to a Change of Occupancy from I-4 (daycare) to R-1 (Motel, transient). Reviewer perhaps thought that 903.2 was in place(?) prior to issuing permit to convert a single room to be accessible. CO was issued 2 years ago once all work was complete. Don’t know what inspector recorded for Final or CO.

3) Sidebar – city incorporated in 2000, no previous CO issued for either building prior to permit and CO application.

I have formulated my response; however, I am soliciting response from others. How would you address #1 “This doesn’t apply to my project as it is not new”, and #2 as applicant is saying “Do the same for me that you did for him”.

Thanks in advance.

Rich
 
#1 - Sprinkler required. The more specific requirement takes precendence over the general requirement (Section 102.1). The requirement in Section 3406.1 for change of occupancy is more specific than the general requirement in Section 903.2. They may consider looking at what I state in my response to #2 below.

#2 - Since Group I requires a sprinkler system, a system may have already been installed. Otherwise, they may have utilized the building official's approval per the last sentence of Section 3406.1: "Subject to approval of the building official, the use or occupancy of existing buildings shall be permitted to be changed and the building is allowed to be occupied for purposes in other groups without conforming to all the requirements of this code for those groups, provided the new or proposed use is less hazardous, based on life and fire risk, than the existing use." Group I requirements are comparable to Group R requirements...some more restrictive and some not.
 
Clearly a change of use.. sprinklers required for R1... even though it's not a very big building.
 
Did your jurisdiction adopt the IEBC? If so look at section 704.2.2 there may be an out for not requiring sprinklers if the corridors or exits do not serve an occupant load greater than 30.

The OL of an R-1 5966 sq ft building does not exceed 30. If you have ground floor units that exit directly to the outside I don't think sprinklers would be required for this change of use.

Even if you did not adopt the IEBC the BO could use IEBC 704.2.2 as to why he determined it was not more hazardous than the previous use
 
The other editions of the IEBC also have these tables, and the tables vary depending on the application (i.e. means of egress, height and area, and exterior walls)--there is no overall relative hazard table.

Another thing to keep in mind is that these tables are associated with the Classification of Work Method of the IEBC (with the exception of the 2003 IEBC). For the Prescriptive Compliance Method of the IEBC, the tables are not applicable, but a building official may use them as a guide when making a decision in regard to Section 407.1 of the IEBC (2012 edition) or Section 3408.1 of the IBC (2012 edition).
 
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