• Welcome to the new and improved Building Code Forum. We appreciate you being here and hope that you are getting the information that you need concerning all codes of the building trades. This is a free forum to the public due to the generosity of the Sawhorses, Corporate Supporters and Supporters who have upgraded their accounts. If you would like to have improved access to the forum please upgrade to Sawhorse by first logging in then clicking here: Upgrades

New restaurant ownership... change of occupancy?

BillS

Member
Joined
Feb 18, 2015
Messages
44
Location
Pittsburgh
If an existing restaurant is purchased by a new owner, and the new owner plans to make interior renovations, is the project
  • Simply considered a Level 2 or 3 Alteration (depending on the extent) because the occupancy/use isn't changing; or
  • Also considered a Change of Occupancy?
I ask this because in IEBC 2009 310.4.1 the commentary says, "When a building undergoes a partial change of occupancy, such as where there is a tenant change..."

So, if a building owner has a new tenant, that's a "partial change of occupancy," but what if there's a new owner? I'd assume that it's the same thing, but I don't want to assume anything and I can't find any code reference that talks about this...

Thanks!

Bill
 
I've always considered it to remain the same unless it is actually a "change" of occupancy, as in occupancy group. JMHO
 
  • Like
Reactions: JBI
Spot on Fat, if use continues to be the same and only the tenant changes it is not a change of occupancy, unless the present use is tied to a conditional use permit limited to the original tenant.
 
  • Like
Reactions: JBI
IEBC definition

CHANGE OF OCCUPANCY. A change in the purpose or level of activity within a building that involves a change in application of the requirements of this code.

 
  • Like
Reactions: JBI
The reference to a new tenant for a partial change of occupancy is meant as an example only, such as when a mercantile tenant in a strip mall moves out and a new restaurant tenant moves in--the entire building doesn't have a change of occupancy, just that one tenant space.
 
IEBC definition

CHANGE OF OCCUPANCY. A change in the purpose or level of activity within a building that involves a change in application of the requirements of this code.

A dentist office is a B however if the dentist office after a few years starts to include dental surgery where the patients are rendered incapable of self preservation then it is still a "B" occupancy that is now an Ambulatory Care Facility and sprinklers and alarms are required under Chapter 4

That is what the above definition is referring too.
 
  • Like
Reactions: JBI
A 'level of activity' example could be a restaurant changing to a night club.
Much higher occupant load, dimmer lighting/flashing lights, louder music, primarily alcohol and a little food compared to primarily food and a little alcohol.
 
I found this thread but it stops short of answering my question. If the alteration is a change of occupancy as defined in 202, and a level 1,2 or 3 alteration, do the requirements of both sections apply? The code specifies that alterations are additive, but not the C/O section.
 
The short answer is, "it depends."

It depends on which compliance method you're using. If using the Prescriptive Compliance Method, then it is just a change of occupancy. If using the Work Area Compliance Method, then the areas where a change of occupancy occurs must comply with the change of occupancy requirements. In areas where no change of occupancy occur, but modifications are made, then the requirements for applicable levels of alteration apply to those areas. If the entire building is a change of occupancy, then only the change of occupancy requirements apply regardless of compliance method used.
 
I see the change of occupancy trigger in the prescriptive section-501.1, which includes a change of occupancy in that chapter (2018 IEBC). What is less clear is if you were to have, for example, a tenant space, in a strip mall, with minimal changes but with a change of use/classification. Say from a business to a mercantile. They move some walls and add some lighting and a bathroom. It meets the criteria for a level 2 alteration as well as a change of occupancy from chapter 10. Does one section get applied, or both?

We are adopting the 18's, and have not had the IEBC adopted previously so I am trying to figure it out.
 
IEBC Section 506.2 states that changes of occupancy comply with the provisions of Chapter 10 and make no reference to any other chapters.

The alteration requirements apply when the spaces are modified and there is no change of occupancy. If there is a change of occupancy, then the requirements of IEBC Chapter 10 are applicable to the entire area that undergoes a change of occupancy (alteration requirements do not apply) and the entire building must be analyzed for height, area, and means of egress if the change is to a higher hazard category. Some changes of occupancy require full compliance with the IBC.
 
Prescriptive is a stand alone Chapter.
Work Area method Chapters can be accumulative, the best approach to the work area method is to start with the highest numbered chapter and let it send you back to the earlier chapters as necessary.
Chapter 3 spells out the applicability for the different methods and tells you to pick one method and stick with it.
 
A change of occupancy does not necessarily create a work area. Alterations that are required because of the change of occupancy are applicable to that space or area and are permitted with the exceptions in the IEBC.
 
Since chapter 10 for change of occupancy does not specifically require compliance with one of the other sections (as does 6,7,8), I think you are all saying a project that is a change of occupancy, no matter what the levels of alteration or amount of work is, would be a chapter 10 enforcement.

So a DP would choose either prescriptive, work area or performance.

If they chose work area, if it is a change of occupancy it will comply with chapter 10 or if it is not a change of occupancy it will comply with whatever level they claim..........but not both.

If they chose prescriptive, and it is not a change of occupancy, they comply with 503, if it is, they comply with 506.

If they chose performance...................whole different conversation!
 
  • Like
Reactions: JBI
Since chapter 10 for change of occupancy does not specifically require compliance with one of the other sections (as does 6,7,8), I think you are all saying a project that is a change of occupancy, no matter what the levels of alteration or amount of work is, would be a chapter 10 enforcement.

So a DP would choose either prescriptive, work area or performance.

If they chose work area, if it is a change of occupancy it will comply with chapter 10 or if it is not a change of occupancy it will comply with whatever level they claim..........but not both.

If they chose prescriptive, and it is not a change of occupancy, they comply with 503, if it is, they comply with 506.

If they chose performance...................whole different conversation!
Exactly!
 
  • Like
Reactions: JBI
All on board with this train? Make sure all switches are in alignment before boarding (smiling).
Good topic.
 
If alcohol is added to a food facility then additional restrooms may be required and there may be an impact to site parking. This is an ongoing issue with many smaller strip centers.
 
Beware, Just because an occupancy remains the same occupancy as before, does not mean that it doesn't have to comply with newer requirements - Change of occupancy includes change of occupancy group, occupancy division, or any change of use within a use group. I.e. Restaurant built prior to fire sprinkler requirements, may have to provide sprinkler system if the occupant load is sufficient to require it. IEBC Section 1004 indicates that fire protection is required when the threshold of fire protection systems requirements are met as in the IBC.

In accordance with the IEBC, this is a change of use within an occupancy division which is part of the group.See IEBC 1001.2.1 for clarification.
 
Top