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Is a change of Occupancy an alteration?

Mr. Inspector

Mr. Inspector

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Poconos/eastern PA
I'm trying to decide if the accessible means of egress need to be upgraded in an existing building where there is a change of occupancy (B to E) and alterations are planed. 2012 IBC ch. 34.

1007.1 Accessible means of egress required. Accessible means of egress shall comply with this section. Accessible spaces shall be provided with not less than one accessible means of egress. Where more than one means of egress are required by Section 1015.1 or 1021.1 from any accessible space, each accessible portion of the space shall be served by not less than two accessible means of egress.

Exceptions:

1. Accessible means of egress are not required in alterations to existing buildings.

ALTERATION. Any construction or renovation to an existing structure other than repair or addition.

Is a change of occupancy an alteration?
 
2012 IBC

3411.4.1 Partial change in occupancy.

Where a portion of the building is changed to a new occupancy classification, any alterations shall comply with Sections 3411.6, 3411.7 and 3411.8.

3411.4.2 Complete change of occupancy.

Where an entire building undergoes a change of occupancy, it shall comply with Section 3411.4.1 and shall have all of the following accessible features:

1. At least one accessible building entrance.

2. At least one accessible route from an accessible building entrance to primary function areas.

3. Signage complying with Section 1110.

4. Accessible parking, where parking is being provided.

5. At least one accessible passenger loading zone, when loading zones are provided.

6. At least one accessible route connecting accessible parking and accessible passenger loading zones to an accessible entrance.

Where it is technically infeasible to comply with the new construction standards for any of these requirements for a change of group or occupancy, the above items shall conform to the requirements to the maximum extent technically feasible.

Exception: The accessible features listed in Items 1 through 6 are not required for an accessible route to Type B units.
 
And don't forget about.............3411.7 Alterations affecting an area containing a primary function.

Where an alteration affects the accessibility to, or contains an area of primary function, the route to the primary function area shall be accessible. The accessible route to the primary function area shall include toilet facilities or drinking fountains serving the area of primary function.

Exceptions:

1. The costs of providing the accessible route are not required to exceed 20 percent of the costs of the alterations affecting the area of primary function.

2. This provision does not apply to alterations limited solely to windows, hardware, operating controls, electrical outlets and signs.

3. This provision does not apply to alterations limited solely to mechanical systems, electrical systems, installation or alteration of fire protection systems and abatement of hazardous materials.

4. This provision does not apply to alterations undertaken for the primary purpose of increasing the accessibility of a facility.

5. This provision does not apply to altered areas limited to Type B dwelling and sleeping units.
 
It is an AHJ call and I would say No an accessible egress is not required.

3401.6 Alternative compliance.

Work performed in accordance with the International Existing Building Code shall be deemed to comply with the provisions of this chapter.

3408.1 Conformance.

No change shall be made in the use or occupancy of any building that would place the building in a different division of the same group of occupancies or in a different group of occupancies, unless such building is made to comply with the requirements of this code for such division or group of occupancies. Subject to the approval of the building official, the use or occupancy of existing buildings shall be permitted to be changed and the building is allowed to be occupied for purposes in other groups without conforming to all the requirements of this code for those groups, provided the new or proposed use is less hazardous, based on life and fire risk, than the existing use.



IEBC

1012.8 Accessibility.

Existing buildings that undergo a change of group or occupancy classification shall comply with this section.

Exception: Type B dwelling or sleeping units required by Section 1107 of the International Building Code are not required to be provided in existing buildings and facilities undergoing a change of occupancy in conjunction with less than a Level 3 alteration.

1012.8.1 Partial change in occupancy.

Where a portion of the building is changed to a new occupancy classification, any alteration shall comply with Sections 705, 806 and 906, as applicable.

1012.8.2 Complete change of occupancy.

Where an entire building undergoes a change of occupancy, it shall comply with Section 1012.8.1 and shall have all of the following accessible features:

1. At least one accessible building entrance.

2. At least one accessible route from an accessible building entrance to primary function areas.

3. Signage complying with Section 1110 of the International Building Code.

4. Accessible parking, where parking is provided.

5. At least one accessible passenger loading zone, where loading zones are provided.

6. At least one accessible route connecting accessible parking and accessible passenger loading zones to an accessible entrance.

Accessible egress not required Section 1012.8.1 sends you to Section 705



705.1 General.

A facility that is altered shall comply with the applicable provisions in Sections 705.1.1 through 705.1.14, and Chapter 11 of the International Building Code unless it is technically infeasible. Where compliance with this section is technically infeasible, the alteration shall provide access to the maximum extent that is technically feasible.

A facility that is constructed or altered to be accessible shall be maintained accessible during occupancy.

Exceptions:

1. The altered element or space is not required to be on an accessible route unless required by Section 705.2.

2. Accessible means of egress required by Chapter 10 of the International Building Code are not required to be provided in existing facilities.

Specifically not required



 
Code requires it. In PA, we have a Accessibility Review board. They can tell you you're ok, BCo's can not.
 
$ ~ ~ ~ $

Wouldn't the "B" to an "E" occupancy group be considered a higher hazard,

because of the occ. loads and other MOE requirements ?



$ ~ ~ ~ $
 
It does not matter what the new occupancy will be an "accessible means of egress" is specifically not required

Follow the path

2012 IBC Chapter 34

3411.4.2 Complete change of occupancy.

Where an entire building undergoes a change of occupancy, it shall comply with Section 3411.4.1 and shall have all of the following accessible features:

1. At least one accessible building entrance.

2. At least one accessible route from an accessible building entrance to primary function areas.

3. Signage complying with Section 1110.

4. Accessible parking, where parking is being provided.

5. At least one accessible passenger loading zone, when loading zones are provided.

6. At least one accessible route connecting accessible parking and accessible passenger loading zones to an accessible entrance.

Not required by 3411.4.2. Now look at 3411.4.1 it requires compliance with 3411.6, 3411.7 and 3411.8



3411.6 specifically exempts the requirements for accessible egress

exception # 2. Accessible means of egress required by Chapter 10 are not required to be provided in existing facilities.



As I stated earlier an accessible egress is not required under the International Codes for an existing building undergoing a "change of use" or an "alteration"

An AHJ may "require" one but the code does not
 
rshuey said:
Code requires it. In PA, we have a Accessibility Review board. They can tell you you're ok, BCo's can not.
Click to expand...
Yes, this is the call of the Accessibility Advisory Review Board, not the BCO. Accessibility decisions are under PA L&I's jurisdiction. Also, change of use has its own chapter in the IEBC
 
Like what MT says....the COU (or O)....Would get you the accessible entrance which would also be an exit...3411.7 would get you other accessible upgrades (of which could be included an exit)...And I hold fast to if they create a new exit, it is to be accessible (if they have not met the requirements) and have not been convinced otherwise that the exemptions apply in new egress in existing building....
 
An accessible entrance will not always get you an accessible egress. A door could be ok on the outside but not have the rigt hardware on the inside or not have the required 18" clear space on the latch side inside the building. Also an accessible entrance would not require elevators, area of refuges, etc.
 
2. At least one accessible route from an accessible building entrance to primary function areas.....Still doesn't necessarily mean egress.....but it should get you pretty close...And we are 24" on pull side latch here in CT...
 
Just to "muddy" the waters, Code does not trump ADA minimums (law trumps code). The Architect of Record is obligated to meet code (and) the ADA minimums. AG decisions as to the responsibility of B.O.s where current codes are not compliant with ADA minimums, are all over the place.
 
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