Building use expiring?

[Phil C]

Has anyone had any experience with this? Building used as mechanics shop with a residence up above. No fire rating between two uses because it was prior to that code being enacted. New mechanic takes over space and residence above. Code enforcement is requiring it to be separated by a 2 hour floor ceiling assembly per current code before he can open. He is stating that because the space was unoccupied for a period of time the original use expired? Sort of tricky providing a 2 hour assembly after the fact. This is in Maine. 2021 IBC.

 

[jar546]

This comes down to more than just a zoning shift or how long something has sat vacant. It’s about what the building was initially approved for and whether that use was ever legally established with a valid CO. I’ve seen this play out many times. The first step is always to ask code enforcement exactly what ordinance or statute they're referencing and what gives them the authority to enforce it. Vague claims don’t hold water without a code section to back them up.


Back when I was in Pennsylvania, the UCC had clear requirements for "uncertified buildings." Any building with no proof of a CO prior to 1929 had to meet a minimum standard before a CO could be issued. I once had a beautician who needed a CO for her license, and she thought tossing in a couple of barber chairs and shelves wouldn’t trigger anything. Turns out the building had no CO on record, had changed uses several times, and had never been brought up to code. I told her straight up: no permit, no CO. The law required a permit and code-compliant upgrades before anything could move forward.


So the real question is, what was the last legal use, and was it ever properly certified? That should drive the answer, not assumptions or the passage of time.

 

[Yankee Chronicler]

Building code enforcement, fire code enforcement, zoning code enforcement, or housing code enforcement?

 

[Phil C]

This comes down to more than just a zoning shift or how long something has sat vacant. It’s about what the building was initially approved for and whether that use was ever legally established with a valid CO. I’ve seen this play out many times. The first step is always to ask code enforcement exactly what ordinance or statute they're referencing and what gives them the authority to enforce it. Vague claims don’t hold water without a code section to back them up.


Back when I was in Pennsylvania, the UCC had clear requirements for "uncertified buildings." Any building with no proof of a CO prior to 1929 had to meet a minimum standard before a CO could be issued. I once had a beautician who needed a CO for her license, and she thought tossing in a couple of barber chairs and shelves wouldn’t trigger anything. Turns out the building had no CO on record, had changed uses several times, and had never been brought up to code. I told her straight up: no permit, no CO. The law required a permit and code-compliant upgrades before anything could move forward.


So the real question is, what was the last legal use, and was it ever properly certified? That should drive the answer, not assumptions or the passage of time.

Thanks! I believe the uses were certified after reviewing the folder for the property.

 

[fatboy]

I used to battle with my planning department on this issue. They said that if the existing use was not continued for the 180, that it went away, and a new use and therefor rules for said use had to be established. I always told them that a CO was issued until there was a legitimate change of use.

 

[steveray]

Under the building and fire codes, uses generally don't expire....I don't know who is in Bath...But Greg Gilbert at the State is a nice guy if you can get ahold of him?