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B or M occupancy (change of use)

S

samv

Registered User
Joined
Oct 14, 2023
Messages
18
Location
New Jersey
Hello everyone,
I am looking for some advice. I am working on a project. The space is approx 1,600 sf and was being used as a hair salon earlier. My client is now looking to use this space as a furniture cum home furnishing store. My question is:

What would be the occupancy type, B or M?
Is this going to be change of use from B to M occupancy?
If use change, what additional requirements kick-in?
Any other advice regarding occupant load, ADA toilet requirement or egress requirement?
Thank you.
 
Hello ICE,
Yes, there will be some construction involved to remove or conceal existing plumbing pipes, repair or modify drop ceiling. I still have to see the store on Monday and will update more.
Thx,
 
thank you for the response.
New Jersey has his own rehabilitation code and this is what it says for change of use


Compliance with Basic Requirements: Compliance with the basic requirements shall be required as follows:

TABLE B
Relative Group Hazard
1 (highest)H-1, H-2, H-3
2A-1, A-2 Nightclubs, H-4, H-5, F-1, I-3, M, S-1
3A-2 Other than Nightclubs, A-3, A-4, A-5, B,F-2, I-2, I-4,
R-1, S-2
4A-3 Churches, E, I-1, R-2 and R-4 buildings more than two
stories in height or more than four dwelling units
5 (lowest)R-2 and R-4 buildings two stories or fewer in height and
four dwelling units or less, R-3, R-5, U

  1. When the use of a building is changed to a higher relative use group hazard as shown in Table B above, the building shall comply with the basic requirements of N.J.A.C. 5:23-6.10 through 6.30applied throughout the building for the new group unless otherwise provided. Where another lettered subsection of this section establishes a requirement that differs from the basic requirement, the requirement contained in that other lettered subsection shall govern.
    1. Where a portion of a building is changed to a higher relative group hazard, the building shall comply with the basic requirements of N.J.A.C. 5:23-6.10 through 6.30 for an automatic sprinkler system and fire detection and/or alarms applied throughout the building for the new group unless the proposed use is separated from the existing use(s) by a fire barrier or horizontal assembly, or both, having a fire resistance rating in accordance with Table 707.3.10 of the building subcode in which case only the portion changed shall comply; mixed occupancies shall use the highest applicable rating from Table 707.3.10. The portion of the building changed shall comply with all the other basic requirements of N.J.A.C. 5:23-6.10 through 6.30for the new group.
      1. Automatic Sprinkler Systems: The following automatic sprinkler system requirements apply in changes of use.

        TABLE G
        Hazard Categories and Classifications
        Automatic Sprinkler Systems
        Relative HazardUse Classification
        1 (highest)A-2 nightclubs, H, I
        2A-2 (other than nightclubs), R-1, R-2, R-3, R-4
        3A-1, A-3, A-4
        4F-1, M, S-1
        5A-3 Churches, E
        6 (lowest)A-5, B, F-2, R-5, S-2, U
        1. When a change of use is made to a higher hazard category as shown in Table G, the building shall be provided with an automatic sprinkler system as required by the following sections of the building subcode: 903.2.1 for Group A occupancies, 903.2.3 for Group E occupancies, 903.2.4 for Group F-1 occupancies, 903.2.5 for Group H occupancies, 903.2.6 for Group I occupancies, 903.2.7 for Group M occupancies, 903.2.8 for Group R occupancies, 903.2.9 for Group S-1, 903.2.10 for Group S-2, and 903.2.11.1 for windowless stories (stories without openings.) When this section requires an automatic sprinkler system, compliance with 903.3 of the building subcode is also required.
          • When a portion of a building is changed to a higher hazard category and the proposed use is separated from the existing use(s) by a fire barrier or horizontal assembly, or both, having a fire resistance rating in accordance with Table 707.3.10 of the building subcode, an automatic sprinkler system as required above shall be installed only in the portion changed; mixed occupancies shall use the highest applicable rating from Table 707.3.10.

          • Fire Alarm and Detection Systems: When a change of use is made to any of the following groups, a fire alarm system and/or an automatic fire detection system shall be installed in accordance with Section 907 of the building subcode. Where a portion of a building is changed to any of the following groups, a fire alarm system and/or an automatic fire detection system shall be installed throughout the building in accordance with Section 907 of the building subcode unless the proposed use is separated from the other use(s) in the building by a fire barrier having a fire resistance rating in accordance with Table 707.3.10 of the building subcode in which case only the portion changed shall comply; mixed occupancies shall use the highest applicable rating from Table 707.3.10. (For purposes of applying this section, horizontal separation shall not be considered.)
          • Group M: A manual fire alarm system shall be installed and maintained as required by Section 907.2.7 of the building subcode.
 
Sifu said:
Start at IEBC section 1011 which will scope the project.
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No, you always start with Chapter 3. I would look at Chapter 5 since this is such a small space.
User note:
About this chapter: Chapter 3 explains the three compliance options for alterations and additions available in the code. In addition, this chapter also lays out the methods to be used for seismic design and evaluation throughout this code. Finally, this chapter clarifies that provisions in other I-Codes related to repairs, alterations, additions, relocation and changes of occupancy must also be addressed unless they conflict with this code. In that case, this code takes precedence.

301.3 Alteration, addition or change of occupancy.
The alteration, addition or change of occupancy of all existing buildings shall comply with one of the methods listed in Section 301.3.1, 301.3.2 or 301.3.3 as selected by the applicant. Sections 301.3.1 through 301.3.3 shall not be applied in combination with each other.

Exception: Subject to the approval of the code official, alterations complying with the laws in existence at the time the building or the affected portion of the building was built shall be considered in compliance with the provisions of this code. New structural members added as part of the alteration shall comply with the International Building Code. This exception shall not apply to alterations that constitute substantial improvement in flood hazard areas, which shall comply with Section 503.2, 701.3 or 1301.3.3. This exception shall not apply to the structural provisions of Chapter 5 or to the structural provisions of Sections 706, 806 and 906.

301.3.1 Prescriptive compliance method.
Alterations, additions and changes of occupancy complying with Chapter 5 of this code in buildings complying with the International Fire Code shall be considered in compliance with the provisions of this code.

301.3.2 Work area compliance method.
Alterations, additions and changes of occupancy complying with the applicable requirements of Chapters 6 through 12 of this code shall be considered in compliance with the provisions of this code.

301.3.3 Performance compliance method.
Alterations, additions and changes of occupancy complying with Chapter 13 of this code shall be considered in compliance with the provisions of this code.
 
The ch. 5 option would send you to the IBC. But I get the point, the options are theirs and theirs alone. In this case both send you to the IBC. I was assuming the option was not prescriptive as it is usually the least forgiving. But, the IEBC mystifies me quite a bit, so I could be entirely wrong.
 
At 1,600 s ft of retail space, you still only need one exit, the fire risk is the same if it is not full of mattresses or foam filled furniture. I would have no problem not requiring a fire suppression system for this change of use.

506.1 Compliance.
A change of occupancy shall not be made in any building unless that building is made to comply with the requirements of the International Building Code for the use or occupancy. Changes of occupancy in a building or portion thereof shall be such that the existing building is not less complying with the provisions of this code than the existing building or structure was prior to the change. Subject to the approval of the building official, changes of occupancy shall be permitted without complying with all of the requirements of this code for the new occupancy, provided that the new occupancy is less hazardous, based on life and fire risk, than the existing occupancy.
 
mtlogcabin said:
At 1,600 s ft of retail space, you still only need one exit, the fire risk is the same if it is not full of mattresses or foam filled furniture. I would have no problem not requiring a fire suppression system for this change of use.

506.1 Compliance.
A change of occupancy shall not be made in any building unless that building is made to comply with the requirements of the International Building Code for the use or occupancy. Changes of occupancy in a building or portion thereof shall be such that the existing building is not less complying with the provisions of this code than the existing building or structure was prior to the change. Subject to the approval of the building official, changes of occupancy shall be permitted without complying with all of the requirements of this code for the new occupancy, provided that the new occupancy is less hazardous, based on life and fire risk, than the existing occupancy.
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Guess that would depend on the BO's perspective, wouldn't it?

IMHO, I think many a BO see furniture/home furnishing being more hazardous than a hair salon. I would. Significantly higher fire load, typically a less discernable MoE, etc. Hair salons are typically fairly benign with open floor plans and low fire loads (other than the cans of hairspray). Whereas, I have seen many home furnishing stores (also pronounced as antique stores ;)) that are a nightmare of very dry, highly flammable goods arranged in a labyrinth like maze of aisles.
 
I visited the store site yesterday and the store is in a big strip mall. The store has sprinklers installed. Two of the demising walls (side and back) are connected with traders joe and one of the side wall is connected with Nail salon. I guess i don't have to worry about fire rating of demising walls. the store has one ADA restroom, a small office area, a small storage area having water heater and electrical panel. the store has only one exit which I think will work because i will have occupant load less than 49.
I have a question regrading location of storage area with respect to office area.
As mentioned, storage has a water heater and an electrical panel but to enter office, person will have to go through the storage area to enter the office area.
do you see any problem with this?
Should I provide a separation wall between storage area and electrical panel and hot water area?
Thx,
 
samv said:
I visited the store site yesterday and the store is in a big strip mall. The store has sprinklers installed. Two of the demising walls (side and back) are connected with traders joe and one of the side wall is connected with Nail salon. I guess i don't have to worry about fire rating of demising walls. the store has one ADA restroom, a small office area, a small storage area having water heater and electrical panel. the store has only one exit which I think will work because i will have occupant load less than 49.
I have a question regrading location of storage area with respect to office area.
As mentioned, storage has a water heater and an electrical panel but to enter office, person will have to go through the storage area to enter the office area.
do you see any problem with this?
Should I provide a separation wall between storage area and electrical panel and hot water area?
Thx,
Click to expand...
Storage and office are likely ancillary to the furniture store and thus do not require separation via Accessory Occupancies (508.2) so long as they do not exceed 10% of the floor area (508.2.3 and 508.2.4).
 
samv said:
Should I provide a separation wall between storage area and electrical panel and hot water area?
Thx,
Click to expand...
No.....Technically the accessible route shouldn't go through storage area though....

1104.5Location.​

Accessible routes shall comply with all of the following:
  1. 1.Accessible routes shall coincide with or be located in the same area as a general circulation path.
  2. 2.Where the general circulation path is interior to the building, the accessible route shall also be interior to the building.
  3. 3.Where only one accessible route is provided, the accessible route shall not pass through kitchens, storage rooms, restrooms, closets or similar spaces.
 
1016.2 Egress through intervening spaces. Egress through intervening spaces shall comply with this section.
1. ………
2. Egress from a room or space shall not pass through adjoining or intervening rooms or areas, except where such adjoining rooms or areas and the area served are accessory to one or the other, are not a Group H occupancy and provide a discernible path of egress travel to an exit.

steveray brings up ADA which I would ignore in this case. Remove the door to the office and call the entire space storage. There’s no list of what can be stored in a storage room.
 
ICE said:
1016.2 Egress through intervening spaces. Egress through intervening spaces shall comply with this section.
1. ………
2. Egress from a room or space shall not pass through adjoining or intervening rooms or areas, except where such adjoining rooms or areas and the area served are accessory to one or the other, are not a Group H occupancy and provide a discernible path of egress travel to an exit.

steveray brings up ADA which I would ignore in this case. Remove the door to the office and call the entire space storage. There’s no list of what can be stored in a storage room.
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Per my previous post, I doubt that there is a need to separately classify the back-of-house areas. They are either incidental to the main occupancy or can be classified as an accessory use. If that is the case, it is all Group M and there is no concern regarding egress or accessibility with respect to occupancy classification; which, is not really the intent of the code anyways. The intent is not to have an office egress through a stock room full of chemicals/paper/etc. - the MoE requiring travel through a higher hazard area wherein people can be trapped/cut-off from the MoE.

That said...I've gone down this path before, and have chosen to accept a demarcated pathway as meeting the intent for both egress and accessible use. This can be done physically via a half-wall, a full-height wall, or in limited circumstances a painted stripe on the floor.

As an example, IBC 1016.2, Condition #5, Exception #2 (as follows) applies to stockrooms for Group M. Keep in mind that the following would allow for a MoE, serving both employee and customers, to egress through the stockroom. For example, if the building requires two exits, you could have one on the building front and one on the rear, with customers and staff able to egress through an employee only type, back-of-house stockroom.

Now simplify this down to what is really being asked here. Can a single office, usually for a manager and often used for securing the server, cash tills, etc., egress through the back-of-house stockroom. I say yes with no concern regarding MoE or accessibility.

IBC 1016.2, Condition #5, Exception #2 - Means of egress are not prohibited through stockrooms in Group M occupancies where all of the following are met:
  1. The stock is of the same hazard classification as that found in the main retail area.
  2. Not more than 50 percent of the exit access is through the stockroom.
  3. The stockroom is not subject to locking from the egress side.
  4. There is a demarcated, minimum 44-inch-wide (1118 mm) aisle defined by full- or partial-height fixed walls or similar construction that will maintain the required width and lead directly from the retail area to the exit without obstructions.
 
When showing egress through the store, Do I need to demarcate 44 inch wide aisle on the plan or I can just show a line from the occupant location to the exterior door?
Any advice?
Thx,
 
samv said:
When showing egress through the store, Do I need to demarcate 44 inch wide aisle on the plan or I can just show a line from the occupant location to the exterior door?
Any advice?
Thx,
Click to expand...
It would not be typical to demarcate the width of the MoE on the code analysis/egress plan. That said, if you have a pinch-point that would lead to questions, it may be worth providing a callout to minimum width.

Given that this is a store, be careful of non-fixed racking and display. This is often where I see issues. Having a furniture plan can be helpful.
 
classicT said:
Can a single office, usually for a manager and often used for securing the server, cash tills, etc., egress through the back-of-house stockroom. I say yes with no concern regarding MoE or accessibility.
Click to expand...
steveray said:
If the designer demonstrates that it meets an exception from accessibility as an employee work area.....But yes I agree...Especially because this is existing....
Click to expand...
To be clear, I was indicating that there is no issue with 1104.5 as you posted. Basically, I do not see an issue with 1104.5 #3 (quoted below).
steveray said:
3.Where only one accessible route is provided, the accessible route shall not pass through kitchens, storage rooms, restrooms, closets or similar spaces.
Click to expand...

I would say that the route to the office should be accessible whenever possible. I just do not see an issue with the accessible route from a managers office traveling through the back-of-house warehouse/storage area. The level of risk is no greater than the sales floor. Hence why I would not typically support classifying the back-of-house as an S-1, just classify the whole space (office, sales floor, back-of-house) as Group-M. Obviously, if there is high-pile racking or something more substantial, a Group S-1 classification could be necessary. But in the OP's case, I do not believe it is necessary.
 
classicT said:
Given that this is a store
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Years ago I was involved with remodeling drugstores. The gondolas were laid out in a way to purposefully confuse people as to how to get out. It was a maze. How do you calculate a path of travel when the person wanders around aimlessly looking for an exit.
 
ICE said:
Years ago I was involved with remodeling drugstores. The gondolas were laid out in a way to purposefully confuse people as to how to get out. It was a maze. How do you calculate a path of travel when the person wanders around aimlessly looking for an exit.
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2021 IBC 1013.1 Where Required​

Exits and exit access doors shall be marked by an approved exit sign readily visible from any direction of egress travel. The path of egress travel to exits and within exits shall be marked by readily visible exit signs to clearly indicate the direction of egress travel in cases where the exit or the path of egress travel is not immediately visible to the occupants. Intervening means of egress doors within exits shall be marked by exit signs. Exit sign placement shall be such that any point in an exit access corridor or exit passageway is within 100 feet (30 480 mm) or the listed viewing distance of the sign, whichever is less, from the nearest visible exit sign.
Exceptions:
  1. Exit signs are not required in rooms or areas that require only one exit or exit access.
  2. Main exterior exit doors or gates that are obviously and clearly identifiable as exits need not have exit signs where approved by the building official.
  3. Exit signs are not required in occupancies in Group U and individual sleeping units or dwelling units in Group R-1, R-2 or R-3.
  4. Exit signs are not required in dayrooms, sleeping rooms or dormitories in occupancies in Group I-3.
  5. In occupancies in Groups A-4 and A-5, exit signs are not required on the seating side of vomitories or openings into seating areas where exit signs are provided in the concourse that are readily apparent from the vomitories. Egress lighting is provided to identify each vomitory or opening within the seating area in an emergency.
 
classicT said:

2021 IBC 1013.1 Where Required​

Exits and exit access doors shall be marked by an approved exit sign readily visible from any direction of egress travel. The path of egress travel to exits and within exits shall be marked by readily visible exit signs to clearly indicate the direction of egress travel in cases where the exit or the path of egress travel is not immediately visible to the occupants. Intervening means of egress doors within exits shall be marked by exit signs. Exit sign placement shall be such that any point in an exit access corridor or exit passageway is within 100 feet (30 480 mm) or the listed viewing distance of the sign, whichever is less, from the nearest visible exit sign.
Exceptions:
  1. Exit signs are not required in rooms or areas that require only one exit or exit access.
  2. Main exterior exit doors or gates that are obviously and clearly identifiable as exits need not have exit signs where approved by the building official.
  3. Exit signs are not required in occupancies in Group U and individual sleeping units or dwelling units in Group R-1, R-2 or R-3.
  4. Exit signs are not required in dayrooms, sleeping rooms or dormitories in occupancies in Group I-3.
  5. In occupancies in Groups A-4 and A-5, exit signs are not required on the seating side of vomitories or openings into seating areas where exit signs are provided in the concourse that are readily apparent from the vomitories. Egress lighting is provided to identify each vomitory or opening within the seating area in an emergency.
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I was a superintendent of a construction company.... I knew that there was codes, I just didn't know what they were. Judging by the performance of the building departments, I don't think that they did either.
 
classicT said:
It would not be typical to demarcate the width of the MoE on the code analysis/egress plan. That said, if you have a pinch-point that would lead to questions, it may be worth providing a callout to minimum width.

Given that this is a store, be careful of non-fixed racking and display. This is often where I see issues. Having a furniture plan can be helpful.
Click to expand...

What I typically see (and what I call for if I don't get it) is for the egress paths to be shown on an egress diagram in the code-related drawing or drawings at the front of the set of construction documents. The length of the egress path from the most remote point(s) is shown, along with the length of the common path of travel.

We are required to verify that the widths of paths of egress meet or exceed the minimum required by code, so somewhere in the drawings there needs to be a plan with all furniture and fixtures drawn, and enough dimensions to allow the plan reviewer to verify that all egress paths provide the minimum required width. Unfortunately, architects are still likely to drawn the line of egress travel on a diagonal through an empty room, disregarding that the room will later have firniture and/or equipment in it. The IBC Commentary (as well as the NFPA Life safety Code handbook) says to measure exit access travel distance on a rectilinear path, to account for having to walk around obstacles.

I once had a licensed architect submit a set of documents that showed the path of egress travel passing through several solid walls. When I questioned it, the response was, "But if I draw it through the corridors the travel distance will exceed what the code allows."

Well :duh:
 
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