Do I need sprinkler system at 2nd floor, A2, using Level 2 alteration

[Morphdesigns]

I have an existing 2-story, unsprinklered building. Currently the ground level is a restaurant, A-2 occupancy. The second floor is also a restaurant, A-2 occupancy. Both restaurants have recently gone out of business. Both levels are under 3000 sqft.

Landlord wants to convert the ground floor into a retail space, M occupancy. He has a new client that wants to lease the existing second floor restaurant, and leave it a restaurant. We are currently in the demo process, on the ground floor, and removing all walls, etc, (need open space for retail store) and creating new 2 ADA toilet rooms. At the same time, he is creating 2 ADA toilet rooms on the second floor. Each level has its own entrance from the street. We have converted the ceiling/floor structure into 1 hour rated.

City has issue because they are following IBC 903.2.1.2 (3) "Fire area is located on a floor other than a level of exit discharge serving such occupancy", and they want us to sprinkler the second floor.

My thought on this, is that on this second level, we are not doing a change-of-use, but a level 2 remodel. IEBC 704.2.2 states area is to be sprinklered, but only if all 3 of the listed conditions occur. Our work area is under 50% (#2 condition), so we do not meet all 3 conditions.

Thoughts?

 

[Codegeek]

I think the code is pretty clear that ALL of the conditions must be met in order to require the sprinkler system. If you're not doing any work to the second floor, which would require the sprinkler system under the current IBC, then how are you meeting the 50% requirement? If you're not meeting that, then I don't see how the sprinkler system can be required.

 

[north star]

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Morphdesigns,

Which code has the city adopted and is currently using, ...the IEBC,

Ch. 34 of the IBC, or something else ?



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[Morphdesigns]

The state uses the IEBC. Not IBC 34. We follow the 2009 version.

 

[north star]

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What is the city using for existing buildings ?



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[cda]

I think the code is pretty clear that ALL of the conditions must be met in order to require the sprinkler system. If you're not doing any work to the second floor, which would require the sprinkler system under the current IBC, then how are you meeting the 50% requirement? If you're not meeting that, then I don't see how the sprinkler system can be required.

Which code, edition and section is this?

"""I think the code is pretty clear that ALL of the conditions must be met in order to require the sprinkler system. If you're not doing any work to the second floor, which would require the sprinkler system under the current IBC, then how are you meeting the 50% requirement?"""

 

[mjesse]

You stated this;

Each level has its own entrance from the street.

And this;

City has issue because they are following IBC 903.2.1.2 (3) "Fire area is located on a floor other than a level of exit discharge serving such occupancy", and they want us to sprinkler the second floor.

Does the second floor entrance qualify as a level of exit discharge?

 

[mtlogcabin]

The IEBC has a different definition for change of use than the IBC.

An increase in the level of activity (now define that) can be a change of use.

Don't increase the OL or hours of operation, and just about anything else the previous tenant did not provide

 

[bptp32]

We have had the same issue in our community in regards to this "change of use". The definition in the IEBC states a change in the level of activity. We have interpreted that to mean that you may have an A-2 restaurant that seats 75 people with exits and plumbing facilities to meet the minimum requirements for an occupant load of 75. A new restaurant A-2 occupancy but the occupancy is now 300 people. You need to meet the requirements for the new occupant loading, which may mean fire suppression, additional bathrooms,etc. We have interpreted this type of conversion to be a Change of Occupancy per the definition.

 

[steveray]

The "intensification" of the use is also reflected in the IECC...101.4.4 Change in occupancy or use. Spaces undergoing a change in occupancy that would result in an increase in demand for either fossil fuel or electrical energy shall comply with this code.