Is change from living room to bedroom a "change of occupancy"? (EEROs)

[Yikes]

California Existing Building Code 505.3 has condition #2 for EERO replacement window sizes in dwellings that are not undergoing a "change in occupancy".
If a residence is getting replacement windows, and it is apparent that the owner is now using a former non-bedroom (such as a living room as a bedroom, does that meet the definition of "change in occupancy"? Here's the code section that I'm having a hard time understanding (see red lettering).
I'm confused by the terms "change in occupancy" vs. "change in occupancy classification" vs. "change in character of use".

Section 506 Change of Occupancy​

506.1 Compliance​

A change of occupancy shall not be made in any building unless that building is made to comply with the requirements of the California Building Code for the use or occupancy. Changes of occupancy in a building or portion thereof shall be such that the existing building is not less complying with the provisions of this code than the existing building or structure was prior to the change. Subject to the approval of the code official, changes of occupancy shall be permitted without complying with all of the requirements of this code for the new occupancy, provided that the new occupancy is less hazardous, based on life and fire risk, than the existing occupancy.
Exception: The building need not be made to comply with Chapter 16 of the California Building Code unless required by Section 506.4.

506.1.1 Change in the Character of Use​

A change of occupancy with no change of occupancy classification shall not be made to any structure that will subject the structure to any special provisions of the applicable California Codes, without approval of the code official. Compliance shall be only as necessary to meet the specific provisions and is not intended to require the entire building be brought into compliance.


***
[A] CHANGE OF OCCUPANCY. A change in the use of a building or a portion of a building that results in any of the following:

1. A change of occupancy classification.
2. A change from one group to another group within an occupancy classification.
3. Any change in use within a group for which there is a change in application of the requirements of this code.

***
There is no definition in the code of the word "use" other than usage of material.

***
505.3 Replacement Window Emergency Escape and Rescue Openings

Where windows are required to provide emergency escape and rescue openings in Group R-2 and R-3 occupancies and one- and two-family dwellings and townhouses regulated by the California Residential Code, replacement windows shall be exempt from the requirements of Sections 1030.2, 1030.3 and 1030.4 of the California Building Code and Sections R310.2.1, R310.2.2 and R310.2.3 of the California Residential Code, provided that the replacement window meets the following conditions:

1. The replacement window is the manufacturer's largest standard size window that will fit within the existing frame or existing rough opening. The replacement window shall be permitted to be of the same operating style as the existing window or a style that provides for an equal or greater window opening area than the existing window.
2. The replacement of the window is not part of a change of occupancy.

Window opening control devices complying with ASTM F2090 shall be permitted for use on windows required to provide emergency escape and rescue openings.

***

 

[steveray]

I say yes.....But there are those that do not believe anything that references "use or occupancy" does not apply in the IRC...

 

[SCBO1]

Does the new bedroom get a SD that's interconnected with the other SD's when this happens, curious?

 

[steveray]

Does the new bedroom get a SD that's interconnected with the other SD's when this happens, curious?

Once again...IMO....Yes...Sorta

R314.2.2 Alterations, Repairs and Additions​

When alterations, repairs or additions requiring a permit occur, or when one or more sleeping rooms are added or created in existing dwellings, the entire dwelling unit shall be provided with smoke alarms located as required for new dwellings.

R314.4 Interconnection​

Where more than one smoke alarm is required to be installed within an individual dwelling unit in accordance with Section R314.3, the alarm devices shallbe interconnected in such a manner that the actuation of one alarm will activate all of the alarms in the individual unit. Physical interconnection of smoke alarms shall not be required where listed wireless alarms are installed and all alarms sound upon activation of one alarm.
Exception: Interconnection of smoke alarms in existing areas shall not be required where alterations or repairs do not result in removal of interior wall or ceiling finishes exposing the structure.

 

[Joe.B]

Check out:

CEBC
[A| 101.2 Scope. The provisions of this code shall apply to the repair, alteration, change of occupancy, addition to and relocation of existing buildings.
Exception: Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with this code or the California Residential Code.

Either way, I agree, if it's becoming (or is currently being used as) a bedroom, yes it would require an egress window.

Side note, @Yikes, did you see the mid cycle amendments to the CEBC??? They jammed a lot of new stuff in there for a mid-cycle amendment. Whole new sections that were previously "not adopted by the state of CA", and to your OP, check out Chapter 10 - Change of Occupancy.

There's a lot of blue in there:

 

[Joe.B]

 

[Joe.B]

2022 CEBC (July 1st, 2024, supplement)

1011.5.6 Existing emergency escape and rescue openings. Where a change of occupancy would require an emergency escape and rescue opening in accordance with Section 1031 of the California Building Code, operable windows serving as the emergency escape and rescue opening shall comply with the following:
1. An existing operable window shall provide a minimum net clear opening of 4 square feet (0.38 m') with a minimum net clear opening height of 22 inches (559 mm) and a minimum net clear opening width of 20 inches (508 mm).
2. A replacement window where such window complies with both of the following:
2.1. The replacement window meets the size requirements in Item 1.
2.2. The replacement window is the manufacturer's largest standard size window that will fit within the existing frame or existing rough opening. The replacement window shall be permitted to be of the same operating style as the existing window or a style that provides for an equal or greater window opening area than the existing window.

 

[SCBO1]

1. An existing operable window shall provide a minimum net clear opening of 4 square feet

Well, so much for a firefighter with oxygen bottle in firefighter garp coming through your window to save you!

But hay, they don't eat much in CA, maybe they send the wee little fella firefighter up the ladder and through the window?

 

[Joe.B]

Well, so much for a firefighter with oxygen bottle in firefighter garp coming through your window to save you!

Yeah, I thought that was interesting. Up till 24 days ago this was not in our codes, so we have yet to see what (if any) ramifications this will have.

 

[Inspector Gift]

It is not uncommon for people to fall asleep in the living room. More often than not, the living room is open to the main hallway and entry door, or other exterior doors. Plus, the smoke detector for that floor is often in the living room or hallway. So the minimum safety has been provided. If a person adds walls which creates a new space or use, then we require them to obtain a building permit. No new walls, but change of use? Then at minimum a new wireless interconnected smoke/CO detector would be required.

 

[Mr. Inspector]

We have a lot of short-term rental houses which need to get a short-term rental license in some areas. When they add a bedroom, we inspect to see that they have an existing emergency escape and rescue opening. If the emergency escape and rescue opening does not comply and they put in a new window, we can't check the new window as a complying emergency escape and rescue opening because the state exempts window replacements from permits and inspections unless they need to change the framing.