How to calculate occupancy for DIY art studio

[paintpaint]

Hi! I own a small DIY art studio. Space is 1600 square feet. Currently we are listed as retail and our max occupancy is 26. We have a 700 square foot area with tables and chairs for people to work on their projects. We could comfortably seat 45ish there, but the occupancy load is listed as 26 since we are categorized as retail. How would I go about updating this with the city? I bought the business and did not realize the occupancy load was so low when I bought it. Any help would be very appreciated!

 

[walker.t]

Hi! I own a small DIY art studio. Space is 1600 square feet. Currently we are listed as retail and our max occupancy is 26. We have a 700 square foot area with tables and chairs for people to work on their projects. We could comfortably seat 45ish there, but the occupancy load is listed as 26 since we are categorized as retail. How would I go about updating this with the city? I bought the business and did not realize the occupancy load was so low when I bought it. Any help would be very appreciated!

How do you know your maximum occupancy is 26? Is it posted in the space, did you get that from the drawings submitted for the building in the past?

The jurisdiction in which I live requires sealed architectural drawings and a building permit application for upfits with a change of use so they can review how the change affects the building. Your change of use will affect the occupancy load which in turn affects the requirements for plumbing fixtures and the number and total width of egress doors. The building permit application process here also triggers a review by the zoning department, they confirm that the proposed change of use is allowed in the zoning district where the project is located.

Without seeing your plan I would say you’ll be able to increase the occupant load as long as your restroom can handle the load and you have adequate exits.

 

[walker.t]

restroom

Sorry, that was supposed to be “restrooms.”

 

[paintpaint]

How do you know your maximum occupancy is 26? Is it posted in the space, did you get that from the drawings submitted for the building in the past?

The jurisdiction in which I live requires sealed architectural drawings and a building permit application for upfits with a change of use so they can review how the change affects the building. Your change of use will affect the occupancy load which in turn affects the requirements for plumbing fixtures and the number and total width of egress doors. The building permit application process here also triggers a review by the zoning department, they confirm that the proposed change of use is allowed in the zoning district where the project is located.

Without seeing your plan I would say you’ll be able to increase the occupant load as long as your restroom can handle the load and you have adequate exits.

The previous owners certificate of occupancy says 26, so our new owner one also says 26. I am try to get this number up. We are a retail business in that we sell items for people to paint. We have a few moveable shelves, but the majority of our floor space is table and chairs. People pay for the item that they want to paint and then sit down to paint it.

We have 2 restrooms. Building was built out in 2019.

 

[Yankee Chronicler]

Your two posts are contradictory. The opening post says you "own" the studio. Your next post mentions a new owner.

From this, I conclude that you own a business, and the business leases space from the building owner. If this is correct, YOU can't do anything. A change in the occupancy classification (as listed on the certificate of occupancy) requires a building permit -- even if there's no "building" being done, only a reclassification. Building permits are issued to the owners of the property, so you will have to negotiate with the owner to see if he/she/they would be amenable to pursuing a change in the occupancy classification and occupant load declaration (at your expense, of course).

 

[paintpaint]

Your two posts are contradictory. The opening post says you "own" the studio. Your next post mentions a new owner.

From this, I conclude that you own a business, and the business leases space from the building owner. If this is correct, YOU can't do anything. A change in the occupancy classification (as listed on the certificate of occupancy) requires a building permit -- even if there's no "building" being done, only a reclassification. Building permits are issued to the owners of the property, so you will have to negotiate with the owner to see if he/she/they would be amenable to pursuing a change in the occupancy classification and occupant load declaration (at your expense, of course).

Sorry for the confusion. Yes, I rent the space.

Let me preface this by saying that I am not trying to get a change of the occupancy classification. We are M and I think we should remain M. I am just trying to get the city to take into account that part of the space is table and chairs therefore we can fit more customers in that area and I would like the max occupancy to be updated to reflect how many can actually fit at the table and chairs.

Seems like from what you are saying though that that isn't possible.

 

[walker.t]

Building permits are issued to the owners of the property, so you will have to negotiate with the owner to see if he/she/they would be amenable to pursuing a change in the occupancy classification and occupant load declaration (at your expense, of course).

This must be something that varies by jurisdiction. I know a guy who owns and rents out numerous spaces, unless he makes a deal with the tenant to do the upfit for them, the tenant hires their own architect and applies for their building permit without the owner being involved. I would recommend that the tenant discuss any proposed changes with the property owner first and of course conform to any requirements in the lease.

Seems like from what you are saying though that that isn't possible.

For sure it is possible. You’ll need to submit a plan showing the proposed new tenant space. Your design professional will check the new occupant load, make any changes that are required to restrooms and egress, and the building department will review the plan to issue a building permit.

 

[paintpaint]

For sure it is possible. You’ll need to submit a plan showing the proposed new tenant space. Your design professional will check the new occupant load, make any changes that are required to restrooms and egress, and the building department will review the plan to issue a building permit.

I feel like I am not describing this very well at all. We are already classified as an M with the city with a occupancy load of 26. When the previous business owner got that classification she did not list on her plans an area for tables and chairs. She just listed it all as retail. 700 square feet is used to hold moveable tables and chairs. Our customers pick the project they want and then sit down to paint it however they want. We don't teach classes, so it is a DIY type thing.

What I would ideally like is to remain a mercantile and for the city to up our occupancy for our 1600 square foot space to 60 (700÷15=46, 900÷60=15). Looking at all these codes is making my artsy brain hurt, and I am just trying to understand if it is even possible before I go to the city and ask them to change it.

 

[Yankee Chronicler]

This must be something that varies by jurisdiction. I know a guy who owns and rents out numerous spaces, unless he makes a deal with the tenant to do the upfit for them, the tenant hires their own architect and applies for their building permit without the owner being involved. I would recommend that the tenant discuss any proposed changes with the property owner first and of course conform to any requirements in the lease.

Tenants usually hire the architect for tenant fit-outs here, too. Sometimes the tenant applies for the permit, and sometimes it's the contractor. Either way, they are doing so as an agent of the property owner. They may not understand that -- but that's what's happening.

 

[Yankee Chronicler]

I feel like I am not describing this very well at all. We are already classified as an M with the city with a occupancy load of 26. When the previous business owner got that classification she did not list on her plans an area for tables and chairs. She just listed it all as retail. 700 square feet is used to hold moveable tables and chairs. Our customers pick the project they want and then sit down to paint it however they want. We don't teach classes, so it is a DIY type thing.

If you are not selling anything, it doesn't sound like M is the appropriate classification -- irrespective of the occupant load calculation.

 

[paintpaint]

If you are not selling anything, it doesn't sound like M is the appropriate classification -- irrespective of the occupant load calculation.

We are selling items that are ready to paint and then customers are sitting down to paint them in store. We have 3,000 ready to paint items in store.

 

[Yankee Chronicler]

We are selling items that are ready to paint and then customers are sitting down to paint them in store. We have 3,000 ready to paint items in store.

In that case, IMHO you have a non-separated mixed occupancy. The retail sales area is use group M, but an art studio (where people are painting) is not. Without knowing more, I don't know if I would classify it as an Assembly use, a Business use, or possible an F-1.

I don't know what edits Texas has made to the code but, in general, the IBC provides that the occupant load for a space is the occupant load as calculated from the table OR the actual occupant load -- whichever is greater. It's not uncommon to post a space for a larger occupant load than the table provides, as long as there is sufficient egress capacity and sufficient toilet facilities. But recalculating the occupant load means a new certificate of occupancy, which requires a building permit. And, if Texas operates the same as in my state, the Fire Marshal will also have to approve it.

I talk to our fire marshal and/or his plan reviewers almost every day. We know that we have overlapping jurisdiction with respect to egress, so we try very hard to ensure that we're on the same page.

 

[paintpaint]

Can 303.1.2 apply to a mercantile?

303.1.2Small assembly spaces.​

The following rooms and spaces shall not be classified as Assembly occupancies:

1. 1.A room or space used for assembly purposes with an occupant load of less than 50 persons and accessory to another occupancy shall be classified as a Group B occupancy or as part of that occupancy.
2. 2.A room or space used for assembly purposes that is less than 750 square feet (70 m2) in area and accessory to another occupancy shall be classified as a Group B occupancy or as part of that occupancy.

 

[Yankee Chronicler]

Can 303.1.2 apply to a mercantile?

303.1.2Small assembly spaces.​

The following rooms and spaces shall not be classified as Assembly occupancies:

1. 1.A room or space used for assembly purposes with an occupant load of less than 50 persons and accessory to another occupancy shall be classified as a Group B occupancy or as part of that occupancy.
2. 2.A room or space used for assembly purposes that is less than 750 square feet (70 m2) in area and accessory to another occupancy shall be classified as a Group B occupancy or as part of that occupancy.

You have 1600 square feet and you are asking about an occupant load of 61 people. How would any of that apply?

 

[paintpaint]

You have 1600 square feet and you are asking about an occupant load of 61 people. How would any of that apply?

700 square feet where the table and chairs are - 700÷15=46. 900 square feet remaining is the retail space - 900÷60≈15. In the 1600 square ft that I have part of the space is used as an assembly space - the rest is used as retail. Is that not how 303.1.2 is applied?

 

[walker.t]

Either way, they are doing so as an agent of the property owner. They may not understand that -- but that's what's happening.

Yes, I agree, ultimately it’s the owner’s property and a tenant or contractor can only legally do something with the owner’s permission. You mentioned the agency relationship in another post:

I am not a lawyer, but it is my understanding that when a contractor takes out a building permit he does so as an agent of the owner. Assuming that's correct, then the permit "belongs" to the owner of the property, not to the contractor.

I feel like I am not describing this very well at all. We are already classified as an M with the city with a occupancy load of 26. When the previous business owner got that classification she did not list on her plans an area for tables and chairs. She just listed it all as retail. 700 square feet is used to hold moveable tables and chairs. Our customers pick the project they want and then sit down to paint it however they want. We don't teach classes, so it is a DIY type thing.

I think I understand the concept of buying ready-to-paint items then you give them a place to paint the item. I’ve seem something similar with a jewelry shop where people pick out beads and sit at a table and string them together.

All I was trying to say is that your proposed changes increase the occupant load, that will affect egress (and possibly other things) and the building department will need to review that.

I am just trying to understand if it is even possible before I go to the city and ask them to change it.

I think it’s definitely possible. Get your plan together and submit your building permit application, they may have comments, questions, or corrections, but your design professional will address those and at the end of the day you’ll have the increased occupant load on record.

 

[paintpaint]

I think I understand the concept of buying ready-to-paint items then you give them a place to paint the item. I’ve seem something similar with a jewelry shop where people pick out beads and sit at a table and string them together.

All I was trying to say is that your proposed changes increase the occupant load, that will affect egress (and possibly other things) and the building department will need to review that.


I think it’s definitely possible. Get your plan together and submit your building permit application, they may have comments, questions, or corrections, but your design professional will address those and at the end of the day you’ll have the increased occupant load on record.

Thank you for this reply! I am just adding tables. The building already has a front and back entrance and 2 ADA bathrooms. I don't have a design professional that I am working with. Do I need to get one? If so what kind of professional do I get? A Google search of "design professional" brings up mostly interior designers for homes. Is there another term I should search?

 

[Beniah Naylor]

Generally, the design professional you would be looking for is an architect. That will be expensive, but it is your best shot.

If you pull a floor plan together yourself and talk to the building department, they may be able to help you. While they should certainly have the knowledge to help you, it's not actually their job unless you are pulling a building permit, and it will depend how busy they are. Depending on the size of your municipality, and how busy the building department is, and the disposition of the people who work there, you may get lucky. If not, they will tell you to get an architect, or pursue some other course of action.

 

[Beniah Naylor]

While the advice you receive on this forum is generally very good, it will be up to your local officials as to how things are classified and enforced. I would go to their office, and talk to an actual person, and go from there.

Even if we are perfectly correct in our interpretation, the local interpretation may not perfectly mesh with what we tell you.

 

[walker.t]

Thank you for this reply! I am just adding tables. The building already has a front and back entrance and 2 ADA bathrooms. I don't have a design professional that I am working with. Do I need to get one? If so what kind of professional do I get? A Google search of "design professional" brings up mostly interior designers for homes. Is there another term I should search?

You’re welcome.

By “design professional” I meant an architect, I don’t know why I used the generic term, I just do sometimes.

Your building department will have to confirm whether they require sealed drawings for what you want to do - my guess is they will. Where I work, if a proposed change affects the means of egress the building department requires sealed drawings.

 

[mtlogcabin]

I am just trying to get the city to take into account that part of the space is table and chairs therefore we can fit more customers in that area and I would like the max occupancy to be updated to reflect how many can actually fit at the table and chairs.

2018 IBC
1004.3 Multiple function occupant load.
Where an area under consideration contains multiple functions having different occupant load factors, the design occupant load for such area shall be based on the floor area of each function calculated independently.
Just ask the city for a new Certificate of Occupancy
[A] 111.2 Certificate issued.
After the building official inspects the building or structure and does not find violations of the provisions of this code or other laws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy that contains the following:

1. The building permit number.

2. The address of the structure.

3. The name and address of the owner or the owner’s authorized agent.

4. A description of that portion of the structure for which the certificate is issued.

5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.

6. The name of the building official.

7. The edition of the code under which the permit was issued.

8. The use and occupancy, in accordance with the provisions of Chapter 3.

9. The type of construction as defined in Chapter 6.

10. The design occupant load.

11. If an automatic sprinkler system is provided, whether the sprinkler system is required.

12. Any special stipulations and conditions of the building permit.

 

[paintpaint]

2018 IBC
1004.3 Multiple function occupant load.
Where an area under consideration contains multiple functions having different occupant load factors, the design occupant load for such area shall be based on the floor area of each function calculated independently.
Just ask the city for a new Certificate of Occupancy
[A] 111.2 Certificate issued.
After the building official inspects the building or structure and does not find violations of the provisions of this code or other laws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy that contains the following:

1. The building permit number.

2. The address of the structure.

3. The name and address of the owner or the owner’s authorized agent.

4. A description of that portion of the structure for which the certificate is issued.

5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.

6. The name of the building official.

7. The edition of the code under which the permit was issued.

8. The use and occupancy, in accordance with the provisions of Chapter 3.

9. The type of construction as defined in Chapter 6.

10. The design occupant load.

11. If an automatic sprinkler system is provided, whether the sprinkler system is required.

12. Any special stipulations and conditions of the building permit.

Do you think there will be any downtime while this happens?

Will I remain an M occupancy while this happens? I don't understand at all how multiple function occupant loads work.

 

[Yankee Chronicler]

I don't understand at all how multiple function occupant loads work.

You take the portion of the space allocated to each use group and calculate the occupant load for that area by the appropriate factor from IBC Table 1004.5

 

[paintpaint]

You take the portion of the space allocated to each use group and calculate the occupant load for that area by the appropriate factor from IBC Table 1004.5

View attachment 13312

Am I able to do this if my certificate of occupancy says that my occupancy group is M?