Defining a shell space boundary

[KHD]

I am working on a renovation project in New Jersey wherein the client is looking to renovate a portion of a building and convert another portion to shell space. The challenge is that the shell space has an opening to the floor above, which is occupiable space.

Several voices are debating if a physical boundary must be created to separate the "shell" from the "occupiable" space. One side insists that an imaginary line across the open air of the floor opening is all that is needed to designate the shell space while others wish to build a temporary wall around the opening to create a physical boundary until such time as the shell space gets fit-out and becomes occupiable again.

Any insight on this condition would be very welcome.

 

[classicT]

What is the purpose of calling it a "shell" space? I would assign it an occupancy that is most likely (probably a B or M) and move on. The space will presumably be conditioned given the lack of physical separation.

If you are wanting to avoid building out the bathrooms, talk to the local code official and perhaps they can withhold the full CO or use some other means by which to ensure that the missing elements are provided before occupancy of this tenant space. This process is not spelled out in the code, and is thereby up to the local AHJ policies. We likely cannot provide the answer you are looking for.

 

[KHD]

Some additional information around the condition to help refine any input:

Code: International Building Code 2021, NJ Edition

Specifics around the opening:
- there are multiple openings between the two floors. The largest is +/- 800 sqft.
- each opening is nothing more than a visual connection between the spaces. no stairs.

The second floor is fit out and would be considered occupied space.
the lower level is shell.