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Renovating existing 2nd fl apts - are they required to be Type B dwelling units?

Once again:
When asking a question, when asking a question about a specific building configuration, please state the applicable code and the jurisdiction that is enforcing it.
In the case of dwellings and accessibility, please state whether they are publicly or privately funded.

The answers may vary depending on these specifics.
 
I'm really trying to continue on the OP question, and then the specific follow-up from mtlogcabin as to whether 1107.7.1.1 implies that at least one floor of units needs to be accessible (either by adding elevator, or unit on the ground/Accessible entrance level). HE gave a very detailed analysis and addressing that one section of the code/scenario would help me get to a similar analysis.

Although this thread has gone WAY off track so I can see that I should bring it back around to make it applicable. To follow my personal form of the question:
- 2018 NC Existing Building Code.
- Level 3 Alteration w/ Use change.
- Existing 3-story building, no basement
- B use on ground floor, R-2 Use on upper 2 floors (6 units) which is the same as the original configuration.
- Building constructed in 1946, No elevators exist, , no CofO ever issued by AHJ.
- We are renovating the residential units, keeping the ground floor as a B use.

The same question seems to apply to my scenario that 1107.7.1.1 requires accessible access to at least one floor of the R-2 units on at least 1 level of the units. Do I need to add an elevator or chair lift to access the Residential units in a Level 3 renovation?
 
If the NC code is as close to the I-codes as it used to be, I wonder if you actually have a level 3 alteration if you have a change of use. The NC '18 code is probably very close to the '15 I-codes. Using the 2015 IEBC you must use the change of occupancy provisions if the scope of work meets the criteria defined for a change of occupancy. Change of occupancy is defined as a change in classification, a change in group within a classification, and a change in use without change in classification or group. So you may be looking in the wrong area to scope the provisions required for your particulars. Granted, the sections still refer back to a lot of other sections that depend on the specifics, but if I read your situation right you may need to start there. A problem I continually find with this type of thing is the failure of the codes to provide consistent language. You will notice the term "change of occupancy" is used both in an italicized format, and non-italicized, which makes an already difficult code to navigate even more confusing...at least for me.
 
Every time I open these books I get more frustrated! Looking at the 15, it is completely different than the 18. Just checked the 21, it also has significant changes. I am just now figuring out how to apply the 18, and realize it may be for nothing with the changes in the 21. Is it beer-thirty yet?

I wish I had specific answers to your questions but it would take more time and mental gymnastics than I am able to provide. Besides, this stuff is so subjective and circular anything I come up with could prove to be useless. Probably the best thing to do is reach out to the local CBO to get their interpretations. Ask for a meeting and provide them an agenda first so they can research it for themselves.
 
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