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Change of use/occupancy??

R

righter101

Gold Member
Joined
Dec 5, 2009
Messages
604
Old building (100 years old)

Originally called (and still has sign) "Corner Store".

Over the years it has been a store, private shop for wood work, sewing studio, antique store, vacant, and probably several others.

None of the uses has ever been permitted or reviewed.

Building is vacant for a while, now someone wants to open, or "re-open" as they claim, an antique store.

Is this a change of use?

Thoughts.
 
Have an registered design professional go thru IBC(2009) 3412 and score the building under Compliance Alternatives for the most recent occupancy. There may be an upgrade(s) that needs to occur to get a passing score. Once that has been achieved, you may be able to issues a C of O. For any future work you now have a basis to issue future permits
 
Be happy it returned to an M occupancy instead of the wood shop? Document it and move on. What else would you want to do with it?
 
righter101 said:
What if that is non-existent?
Click to expand...
what does the fire department have to say about the building over the years?

As Jim mentioned, there seems to be plenty of wiggle room in Chapter 34 and the IEBC to find a way to get the occupancy paperwork trail started. Work with them to get means of egress components into place (e.g. emergency lighting, exit signs, sign on front door "to remain unlocked while occupied, aisle and aisle accessway widths and lenghts, clearances at doors, making toilet facilities available to the public, etc.) as technically and structurally feasible, document, and wait until the "next" documented change of occupancy to phase in additional code compliance.
 
fatboy said:
Be happy it returned to an M occupancy instead of the wood shop? Document it and move on. What else would you want to do with it?
Click to expand...
Provide accessibility?

Fix some stairs?
 
Papio Bldg Dept said:
what does the fire department have to say about the building over the years? As Jim mentioned, there seems to be plenty of wiggle room in Chapter 34 and the IEBC to find a way to get the occupancy paperwork trail started. Work with them to get means of egress components into place (e.g. emergency lighting, exit signs, sign on front door "to remain unlocked while occupied, aisle and aisle accessway widths and lenghts, clearances at doors, making toilet facilities available to the public, etc.) as technically and structurally feasible, document, and wait until the "next" documented change of occupancy to phase in additional code compliance.
Click to expand...
That is what I am trying to determine. Should they get a permit for the current use? Is it a change from being vacant? or from never having a change of use filed for ??
 
The items that Papio mentioned are what would be of concern, exiting, signage, basic acessiblity. Its not very big, and its far from everything, one story, so structural, not overly concerned, no fire separation or sprinkler issues. Just some basic things. I was just trying to determine if I can take any action.
 
righter101 said:
That is what I am trying to determine. Should they get a permit for the current use? Is it a change from being vacant? or from never having a change of use filed for ??
Click to expand...
If an occupancy is not currently documented, or established, then I would either require a permit for a minimal fee (in accordance with AHJ's adopted regulations), if you can not waive the fees. The point here would be to establish a record and begin the journey towards compliance. Creating a record is step one.

With our change of occupancies, or non-compliant, undocumented properties, we often perform a site inspection and make a list of non-compliance items for MOE, toilet fixtures and accessibility as if we were performing a final inspection on a remodel project. Again, as fatboy stated, pick your battles. You may start with MOE, and only providing access to the ADA small business guidance documents (sometimes we print out copies and issue with a hand drawn floor plan) as part of an education process. Maybe make some recommendations on how they might readily achieve accessibility compliance, or remove barriers without significant and expensive remodel work. It is a lot of slow step by step education and hand holding, but it can be worth it in the end, which may be three or for tenants from now.
 
+ + +

In our AHJ, if a business applies for a license, the Fire Dept

& the Bldg. Dept. perform an inspection of the property

before a license is issued........We write up any discrepancies

and have the business owner address them.......We do the same

thing on "changes of occupancies".......If no C. of O. exists,

we still perform an inspection for the new owner and try to

work with them to achieve compliance.

+ + +
 
Thank you to all for the feedback. We don't actually have biz. licenses in this county. There has been no CO ever so I am going to talk to them about getting a permit.
 
What are you issuing a permit for?

IMO, this is better handled by the fire department than the building department.

Furthermore, it probably can be done within the existing ordinances.

And if the fire department doesn't want to be bothered, then there's no reason to push the issue.
 
2009 IEBC

101.4 Applicability.

This code shall apply to the repair , alteration , change of occupancy , addition and relocation of all existing buildings , regardless of occupancy, subject to the criteria of Sections 101.4.1 and 101.4.2.

101.4.1 Buildings not previously occupied.

A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall comply with the provisions of the International Building Code or International Residential Code , as applicable, for new construction or with any current permit for such occupancy.



101.4.2 Buildings previously occupied.

The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Fire Code , or the International Property Maintenance Code , or as is deemed necessary by the code official for the general safety and welfare of the occupants and the public.

100 years ago when the building was completed it was a store. It will be used as a store now so forget all the others uses that have been in there. Use the fire code as a tool to require exit signs and emergency illumination. Use the building code as required for accessibility into the building and life safety items needed
 
Depending on the circumstances....I think I could go with the "Corner Store" as an "M" and no change of use to minimize the amount they might have to do to occupy....I would definetely discuss accessibility and ADA with them, and if no huge issues, move along....
 
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