How to determine existing occupancy when there is no previous information

[chicagoarchitect]

I am working on a commercial project in an older building that the client recently bought. The building is set up with a commercial unit on the first floor with a residential unit on the second floor. The project scope is limited to a renovation of the ground floor commercial unit. I am having difficulty determining what we should list as the existing occupancy especially as it relates to whether or not there is a change of occupancy.

The previous owner had rented out the commercial space as a residential loft-type space but this was not done legally. Given that the most immediately previous use was not legal I don't think we would list the existing occupancy as residential. However, we have no idea what the last legal use of the space was. A FOIA request to the building department has resulted in no useful information. The last legal occupancy of the 1st floor tenant space could have realistically been anything from Assembly, Business, Mercantile to Factory.

How would you determine existing occupancy for an alteration project when there is no information on the last legal use? Our project may or may not trigger a change of occupancy based on this determination.

 

[Joe.B]

How big is the space in question?

 

[ICE]

There is previous information, you just haven't found it yet. Talk to the neighbors. Check with the Fire Dept to see if they have a file. Perhaps the previous owner can shed light....maybe the insurance company? Title company. Google search the address. Tax assessor.

 

[chicagoarchitect]

Talk to the neighbors. Check with the Fire Dept to see if they have a file. Perhaps the previous owner can shed light....maybe the insurance company? Title company. Google search the address. Tax assessor.

• The owners have a good relationship with the neighbors. They don't know anything beyond it being used for residential previously. Again, the residential use was not legal.
• Old Sanborn maps indicate a factory use. I've found advertisements online dating to around the 1920's that confirm that. But it seems unlikely the last legal use of the space was as a factory.
• The previous owner only rented out the space as an apartment and they think the space may have been illegally used as a church before them.
• Google search results are only coming up with very old advertisements from 1920s as a factory.
• The assessor lists it as a commercial building.

I feel like we have done a pretty exhaustive search to determine what the last legal use was. In the absence of any concrete information, how would you make an existing occupancy determination? Do we just make a best guess? Would you say factory even though that information is over 100 years old?

 

[chicagoarchitect]

How big is the space in question?

Its only about 1800sf

 

[ICE]

What future use is proposed?

 

[chicagoarchitect]

What future use is proposed?

We are doing due diligence to try and determine what could go into the space without triggering a change of occupancy, hence my original question. However, regardless of the previous use, we are probably looking at doing something that is either an assembly or business use. The program is not defined yet.

 

[e hilton]

You could probably assume retail. Like a corner grocery store. Nail salon. Back in the day there were cross reference phone directories where you could search by address. Public library might have copies in the reference section. See if it shows a business at that address.

 

[chicagoarchitect]

You could probably assume retail. Like a corner grocery store. Nail salon. Back in the day there were cross reference phone directories where you could search by address. Public library might have copies in the reference section. See if it shows a business at that address.

Good tip on the cross reference phone directories. I'm going to stop by the library tonight. The library website seems to indicate they have these directories.

 

[mtlogcabin]

How about a business license search for the address?
Does it really matter?

[A] 101.4 Applicability.
This code shall apply to the repair, alteration, change of occupancy, addition and relocation of existing buildings, regardless of occupancy, subject to the criteria of Sections 101.4.1 and 101.4.2.

[A] 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 be permitted to comply with the provisions of the laws in existence at the time of its original permit unless such permit has expired. Subsequent permits shall comply with the International Building Code or International Residential Code, as applicable, for new construction.

[A] 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.

 

[chicagoarchitect]

How about a business license search for the address?
Does it really matter?

[A] 101.4 Applicability.
This code shall apply to the repair, alteration, change of occupancy, addition and relocation of existing buildings, regardless of occupancy, subject to the criteria of Sections 101.4.1 and 101.4.2.

[A] 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 be permitted to comply with the provisions of the laws in existence at the time of its original permit unless such permit has expired. Subsequent permits shall comply with the International Building Code or International Residential Code, as applicable, for new construction.

[A] 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.

How about a business license search for the address? - We are in the process of a FOIA license search at the address. Hoping that may bring about some info but I'm not holding my breath.

Does it really matter? - There would likely be some benefits if we don't have to do change of occupancy.

 

[steveray]

Has the FD ever done an "annual" inspection there?

 

[Mr. Inspector]

I did plan reviews for many buildings with no C. O. If they did not have one I looked at it as a change in occupancy.