• Welcome to the new and improved Building Code Forum. We appreciate you being here and hope that you are getting the information that you need concerning all codes of the building trades. This is a free forum to the public due to the generosity of the Sawhorses, Corporate Supporters and Supporters who have upgraded their accounts. If you would like to have improved access to the forum please upgrade to Sawhorse by first logging in then clicking here: Upgrades

Change of Use (zoning)but no work being done

Balletman

Registered User
Joined
Mar 31, 2021
Messages
11
Location
Florida
Got a ballet/dance studio being zoned as a learning center under Educational. The prior use was a hair salon zoned as general commercial under Commerical.

In order to get a C/U the zoning dept is saying a change of use permit is required first.

We aren’t doing any kind of structural improvements or work at all, only cosmetic such as hanging mirrors and paint. The hair salon was a class B occupancy less than 50. We are going to be less than 50 as well and I am assuming we also fall under class B by referencing the training/skills development not in a school or academic program, not otherwise and assembly. Our design occupancy load may differ slightly and also calculated using different load factors (ours being an assembly factor of 50 gross).

1. Will we have to submit plans even though we aren’t doing any structural work and staying in same occupancy class? Any actual work permits we’d have to submit? I am trying to figure out what we need to give to the city and zoning to get through this process in a relatively quick manner with no backtracking.

2. If our occupancy load and primary use is mainly as an assembly but falling under 50 occupants total to make us a B occupancy as referenced above, will our building code be governed by the A or B in this example?

3. Also, will the Educational zoning have an influence on my occupancy class by forcing me to be in Group E vs B (preferred).
 

jar546

Chief Cook & Bottlewasher
Joined
Oct 16, 2009
Messages
9,019
Location
Palm Beach County Florida
You have a change of use and occupancy, therefore there may be changes you have to make that you don't plan on. You will need a certificate of occupancy for the type use and occupancy, occupant load and about 11 other items that are required on a Florida CO. Have an architect draw up the space exactly as you plan on using it and declaring occupant load, type construction, use and occupancy, level of renovation (change of use), etc. This is not uncommon at all.
 

Balletman

Registered User
Joined
Mar 31, 2021
Messages
11
Location
Florida
You have a change of use and occupancy, therefore there may be changes you have to make that you don't plan on. You will need a certificate of occupancy for the type use and occupancy, occupant load and about 11 other items that are required on a Florida CO. Have an architect draw up the space exactly as you plan on using it and declaring occupant load, type construction, use and occupancy, level of renovation (change of use), etc. This is not uncommon at all.

what’s makes it a change of occupancy?
 

jar546

Chief Cook & Bottlewasher
Joined
Oct 16, 2009
Messages
9,019
Location
Palm Beach County Florida
what’s makes it a change of occupancy?
It was a hair salon (B) and now proposed as a ballet/dance studio (A3) but according to who's calculation has an occupancy less than 50 to qualify as (B) per FBC 303.1.1? It is still a change of use so don't forget that the required plumbing fixtures is bases on the actual use and not (B).

You need a CO and all COs are required to have a Permit#. We would be looking at life safety issues, occupancy load signs, accessibility, etc.

Don't confuse zoning with building
 

classicT

Sawhorse
Joined
Aug 2, 2017
Messages
2,198
Location
Washington State
It was a hair salon (B) and now proposed as a ballet/dance studio (A3) but according to who's calculation has an occupancy less than 50 to qualify as (B) per FBC 303.1.1? It is still a change of use so don't forget that the required plumbing fixtures is bases on the actual use and not (B).

You need a CO and all COs are required to have a Permit#. We would be looking at life safety issues, occupancy load signs, accessibility, etc.

Don't confuse zoning with building
Jar, I agree that it is a change of use, which triggers updates to the CO.

That said, I would not agree that a a Change of Occupancy is required. The studio can be classified as a training and skills development center and maintain the Group-B occupancy classification.

This was the direction that they were encouraged to go in this thread. /ballet-studio-designation.30329/
 

Robert

Registered User
Joined
Jan 29, 2016
Messages
315
Location
Pinole, CA
Got a ballet/dance studio being zoned as a learning center under Educational. The prior use was a hair salon zoned as general commercial under Commerical.

In order to get a C/U the zoning dept is saying a change of use permit is required first.

We aren’t doing any kind of structural improvements or work at all, only cosmetic such as hanging mirrors and paint. The hair salon was a class B occupancy less than 50. We are going to be less than 50 as well and I am assuming we also fall under class B by referencing the training/skills development not in a school or academic program, not otherwise and assembly. Our design occupancy load may differ slightly and also calculated using different load factors (ours being an assembly factor of 50 gross).

1. Will we have to submit plans even though we aren’t doing any structural work and staying in same occupancy class? Any actual work permits we’d have to submit? I am trying to figure out what we need to give to the city and zoning to get through this process in a relatively quick manner with no backtracking.

2. If our occupancy load and primary use is mainly as an assembly but falling under 50 occupants total to make us a B occupancy as referenced above, will our building code be governed by the A or B in this example?

3. Also, will the Educational zoning have an influence on my occupancy class by forcing me to be in Group E vs B (preferred).
Since this is also a planning issue, you should look at parking requirements. If the new use requires more parking than the salon, you may have to provide a parking alaysis.
 

SH225

Registered User
Joined
Mar 31, 2021
Messages
118
Location
Texas
In the IEBC the definition of Change of Occupancy is broader than only a change of occupancy classification. It includes a change of use within a group.
 

Attachments

  • 1A49E366-B3F8-41CE-9D60-5FBFDC3FAC00.jpeg
    1A49E366-B3F8-41CE-9D60-5FBFDC3FAC00.jpeg
    687.2 KB · Views: 9
Top