Change of Use Change of Occupancy in Historic Building

[KRS5]

Hi. The building we are working on is a historic, 3 story above grade building with mezzanine on 3rd story and a basement fully below grade. Each story including the basement is approximately 3800 SF + a mezzanine 1,200 SF on the third story. The building is fully sprinklered and is type VB construction. The building currently classified as group B - Business.

The client is looking to relocate some artifact storage, (items such as glassware; beakers, test tubes glass trays etc. and framed photos to be loosely stored in on open metal shelving and some lateral storage units), from another building to one of the stories of the building mentioned and also perform a Level1 alteration of paint, re-carpet replace existing ceilings and call it a day.

What we are trying to determine if changing the use of a single story of the existing business occupancy would constitute a change of use from business office to business storage (accessory >10%?) or would the relocation of the items be considered a partial change of occupancy to an S-1 Storage (lower hazard) and would a permit be required depending on whether it is a change of use within the occupancy or a partial change of occupancy?

How would you categorize the change: Change of use within the same occupancy classification or a partial change of occupancy and does one trigger more EBC considerations than the other? Taking into account it's a historic building- I know there are some separation exceptions in the EBC.

 

[KRS5]

Hi. The building we are working on is a historic, 3 story above grade building with mezzanine on 3rd story and a basement fully below grade. Each story including the basement is approximately 3800 SF + a mezzanine 1,200 SF on the third story. The building is fully sprinklered and is type VB construction. The building currently classified as group B - Business.

The client is looking to relocate some artifact storage, (items such as glassware; beakers, test tubes glass trays etc. and framed photos to be loosely stored in on open metal shelving and some lateral storage units), from another building to one of the stories of the building mentioned and also perform a Level1 alteration of paint, re-carpet replace existing ceilings and call it a day.

What we are trying to determine if changing the use of a single story of the existing business occupancy would constitute a change of use from business office to business storage (accessory >10%?) or would the relocation of the items be considered a partial change of occupancy to an S-1 Storage (lower hazard) and would a permit be required depending on whether it is a change of use within the occupancy or a partial change of occupancy?

How would you categorize the change: Change of use within the same occupancy classification or a partial change of occupancy and does one trigger more EBC considerations than the other? Taking into account it's a historic building- I know there are some separation exceptions in the EBC.

Sorry I meant S-2 but don't see where to edit post.

 

[KRS5]

Sorry I meant S-2 but don't see where to edit post.

Sections below is partially from where my above question stems:

1001.2 Certificate of Occupancy

A change of occupancy or a change of occupancy within a space where there is a different fire protection system threshold requirement in Chapter 9 of the Building Code of New York State shall not be made to any structure without the approval of the building official. A certificate of occupancy shall be issued where it has been determined that the requirements for the change of occupancy have been met.

1001.2.1 Change of Use

Any work undertaken in connection with a change in use that does not involve a change of occupancy classification or a change to another group within an occupancy classification shall conform to the applicable requirements for the work as classified in Chapter 6 and to the requirements of Sections 1002 through 1010.

Exception: As modified in Section 1204 for historic buildings.


1001.2.2 Change of Occupancy Classification or Group

Where the occupancy classification of a building changes, the provisions of Sections 1002 through 1011 shall apply. This includes a change of occupancy classification and a change to another group within an occupancy classification.

1001.2.2.1 Partial Change of Occupancy

Where the occupancy classification or group of a portion of an existing building is changed, Section 1011 shall apply.

1001.3 Certificate of Occupancy Required

A certificate of occupancy shall be issued where a change of occupancy occurs that results in a different occupancy classification as determined by the Building Code of New York State.

 

[JPohling]

How large an area is this proposed storage area? how is it used relative to the rest of the B occupancy?

 

[KRS5]

The building is currently unoccupied and maintained - not sure if that makes any difference. But to answer your questions, the shelving will be located on the entire 2nd floor. The area on the 2nd floor is 3800 sf+/-, consisting of an interior egress stair, a private office, two toilet rooms, and a small supply closet and a small mech/ elec. room that total 715 SF, the shelving takes up 387 SF and the remaining 2,698 SF is circulation space. Eventually this will be one of two floors that will contain artifacts 2nd floor (glassware type) and 1st floor archives (paper type storage). The items will be cataloged within the building by someone but it is not anticipated that much of the building will be consistently occupied. As of now they want a place to move these items to free up space in another building for something else (not in scope).

 

[Yikes]

You didn’t say the age of the building. What was the code in effect at time of original construction, and what did that code call the use and occupancy?

 

[KRS5]

You didn’t say the age of the building. What was the code in effect at time of original construction, and what did that code call the use and occupancy?

I am unsure of the age of the building. I only know that it is registered historic and the current certificate of occupancy is for business. This is in NYS and I am referencing the 2020 NYS uniform codes.

 

[Yikes]

I have a project that is converting a hotel into apartments. That would be a change in use if the hotel had first been built under new codes. But in the era in which it was first built, hotels and apartments had the same occupancy classification and use, so from a building code standpoint there is no change.

 

[KRS5]

I have a project that is converting a hotel into apartments. That would be a change in use if the hotel had first been built under new codes. But in the era in which it was first built, hotels and apartments had the same occupancy classification and use, so from a building code standpoint there is no change.

Ha! I actually finally located existing drawings and it appears that the earliest drawings, which seem to be original design, are from 1924. There have been numerous renovations, most recently dating to 1999.

 

[steveray]

Most buildings are actually mixed use with S1 being one of them......I wouldn't fight it too hard but a good conversation with the AHJ is a good start...