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Vacant Building being reoccupied after being unoccupied for about 4 years

J

joetheinspector

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Jan 1, 2010
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152
2009 IBC or IEBC

There is a building in my municipality that was a restaurant for many years (A-2). It was probably built in the early 1950’s. The restaurant closed down about 4 years ago and has been unoccupied since.

Someone is interested in reopening a restaurant in the same space same and same configuration (A-2).

Questions:

Does the code require that the building be brought up to current code?

Should this be designed and permitted under the IBC or the IEBC?
 
Here, the most economical way would be to go IEBC. You might have to look at your Chapter 1 or enabling laws to see where it is allowed to be designed or constructed to. Renovate to new(IBC) would be very prohibitive. The IEBC may have some required updates, but not nearly as extensive as it may be a change of occupancy, but not a change of occupancy group.
 
Except where alteratons or repairs are required to be made for unsafe structures or unfit for human occupancy the Property Maintenance Code would be our first choice where it is adopted.
 
What code provision or ordinance would trigger an upgrade? If the building had been maintained and was still in compliance with the code in effect when it had been originally permitted I would see no need to require an upgrade.
 
I agree with Mark K, doesn't sound like a change of use, existing would be allowed to remain. New work would have to comply with new codes of course.

Accessibility would be another story for the new occupant.
 
The fire code has some retroactive requirements that may apply

1103.1 Required construction.

Existing buildings shall comply with not less than the minimum provisions specified in Table 1103.1 and as further enumerated in Sections 1103.2 through 1103.9.

The provisions of this chapter shall not be construed to allow the elimination of fire protection systems or a reduction in the level of fire safety provided in buildings constructed in accordance with previously adopted codes.

Change of occupancy under the IEC has its own 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.

Was the level of activity a simple mom & pop family diner and now it will be a place with alcohol and live entertainment.

Ask questions and CYA before giving them a blanket no change nothing required by code answer
 
After being unused /vacant for 4 years I would presume the C of O for the facility has expired or is no longer in effect? Also, is all of the commercial cooking equipment still sitting in place as was? Typically that stuff is taken out or sold off and now needs to be replaced. I'm going to venture a guess that it either exceeds 5,000 square feet of area or the occupant load is greater than 100? Otherwise, what is it that is requiring them to get a permit other than that they plan to reopen? IBC Section 3411 deals with the accessibility for existing buildings and IBC 3412 Compliance Alternatives may also be useful.

ZIG
 
Agree with MT...watch that definition it can sneak up on you....

IECC 101.4.4 Change in occupancy or use. Spaces undergoing a change in occupancy that would result in an increase in demand for either fossil fuel or electrical energy shall comply with this code.

IEBC....908.2 Unsafe conditions. Where the occupancy of an existing building or part of an existing building is changed, all unsafe conditions shall be corrected without requiring that all parts of the electrical system comply with NFPA 70.

908.3 Service upgrade. Where the occupancy of an existing building or part of an existing building is changed, electrical service shall be upgraded to meet the requirements of NFPA 70 for the new occupancy.

908.4 Number of electrical outlets. Where the occupancy of an existing building or part of an existing building is changed, the number of electrical outlets shall comply with NFPA 70 for the new occupancy.

SECTION 909 MECHANICAL

909.1 Mechanical requirements. Where the occupancy of an existing building or part of an existing building is changed such that the new occupancy is subject to different kitchen exhaust requirements or to increased mechanical ventilation requirements in accordance with the International Mechanical Code, the new occupancy shall comply with the intent of the respective International Mechanical Code provisions.

SECTION 910 PLUMBING

910.1 Increased demand. Where the occupancy of an existing building or part of an existing building is changed such that the new occupancy is subject to increased or different plumbing fixture requirements or to increased water supply requirements in accordance with the International Plumbing Code, the new occupancy shall comply with the intent of the respective International Plumbing Code provisions.

910.2 Food-handling occupancies. If the new occupancy is a food-handling establishment, all existing sanitary waste lines above the food or drink preparation or storage areas shall be panned or otherwise protected to prevent leaking pipes or condensation on pipes from contaminating food or drink. New drainage lines shall not be installed above such areas and shall be protected in accordance with the International Plumbing Code.

910.3 Interceptor required. If the new occupancy will produce grease or oil-laden wastes, interceptors shall be provided as required in the International Plumbing Code.

Not necessarily saying all required, but a closer look for sure and CYA
 
I don't see any mention of a change of occupancy.

Will require health inspection if all existing equipment to be reused and even if new will require health at a minimum.
 
ADAguy said:
I don't see any mention of a change of occupancy./QUOTE]The OP referenced the 2012 IEBC as a possible code. The IEBC is very specific about what constitutes a "Change of Occupancy"

CHAPTER 10

CHANGE OF OCCUPANCY

SECTION 1001

GENERAL

1001.1 Scope.

The provisions of this chapter shall apply where a change of occupancy occurs, as defined in Section 202, including:

1. Where the occupancy classification is not changed; or

2. Where there is a change in occupancy classification or the occupancy group designation changes.

1001.2 Change in occupancy with no change of occupancy classification.

A change in occupancy, as defined in Section 202, 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 International Codes, including the provisions of Sections 1002 through 1011, without the approval of the code official. A certificate of occupancy shall be issued where it has been determined that the requirements for the change in occupancy have been met.

1001.2.1 Repair and alteration with no change of occupancy classification.

Any repair or alteration work undertaken in connection with a change of occupancy that does not involve a change of occupancy classification shall conform to the applicable requirements for the work as classified in Chapter 4 and to the requirements of Sections 1002 through 1011.

Exception: As modified in Section 1205 for historic buildings.

1001.3 Change of occupancy classification.

Where the occupancy classification of a building changes, the provisions of Sections 1002 through 1012 shall apply. This includes a change of occupancy classification within a group as well as a change of occupancy classification from one group to a different group.

1001.3.1 Partial change of occupancy classification.

Where a portion of an existing building is changed to a new occupancy classification, Section 1012 shall apply.

1001.4 Certificate of occupancy required.

A certificate of occupancy shall be issued where a change of occupancy occurs that results in a different occupancy classification as determined by the International Building Code.
Click to expand...
 
ADAguy said:
I don't see any mention of a change of occupancy. Will require health inspection if all existing equipment to be reused and even if new will require health at a minimum.
Click to expand...
CHANGE OF OCCUPANCY. A change in the purpose or "level of activity" within a building......Maybe, maybe not....
 
The building has been empty for about 4 years. There is a new owner of the property who plans to lease it out to someone to run a restaurant. Same use A-2 same occupancy load. Same layout.

I do not see anywhere in the International IBC or IEBC that defines a building losing it’s occupancy other than in 111.4 Revocation (IBC2009)” . . . determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.”

The building is not in violation it is just empty.

So I do not see anything in Code that requires any upgrades in code including accessibility.

Am I missing something here?
 
So I do not see anything in Code that requires any upgrades in code including accessibility. ADA may require upgrades and barrier removal even if the "code" doesn't

Am I missing something here? Maybe, maybe not. We would need more info on the previous occupants activities compared to the new occupants activities.

Restaurants, cafeterias and similar dining facilities (including associated commercial kitchens) are one level of activity

Nightclubs can be another. Both are an A-2 use
 
We are a municipal building inspection department. We have no authority to enforce ADA. We do ensure compliance with 2009 IBC and IEBC

The usage will be the same use, same occupancy, same occupancy load, etc.

So it I am not seeing any provisions in the code to require any changes/upgrades to any codes.

bbbb
 
You may not inspect for but the tenant/landlord does have a "legal" duty to comply with the ADA (no grandfathering).
 
joetheinspector said:
We are a municipal building inspection department. We have no authority to enforce ADA. We do ensure compliance with 2009 IBC and IEBC The usage will be the same use, same occupancy, same occupancy load, etc.

So it I am not seeing any provisions in the code to require any changes/upgrades to any codes.

bbbb
Click to expand...
Does your state have accessibility inspectors, architectural barrier guidelines, or anything of the sort? Here in Texas we have TAS inspections and most projects that required a TDLR number had to have a separate TAS inspection. The last city I worked for had a lot of older businesses in downtown in this condition so part of the conditions for a CO was the inspection report from the TAS certified individual. I am guessing that the possibility of sprinkling the building is one of the deal breakers. Also if they are installing new cooking equipment with draft hoods and the like there may be additional requirements for fire suppression as a part of the appliances. Do you have a fire marshal in your city?
 
Generally speaking, the I-Codes do not require full compliance simply because of a prolonged vacancy. Local laws or amendments may contain additional requirements, and the Fire Code will likely have a few retroactive provisions. The EBC if adopted would be the appropriate document for 'work' in an existing building. Sounds like an Alteration Level 1 in the Work Area Method, or a Prescriptive (Chapter 4) application perhaps.
 
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Joetheinspector, I agree with Mark K, Fat boy and JBI. If the occupancy has not changed they can continue to use the space as a restaurant. A note, 2015 IBC added one Section that I believe the last sentence will be open to several interpretations

[A] 102.6.2 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 otherwise specifically provided in this code, the International Fire Code or International Property Maintenance Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.

Keep in mind there are some code requirements that will still be applicable. Example: If equipment is idle for four years and will be reused I would require at a minimum that equipment (oven, grill, grease hood etc.) and grease interceptor be serviced. Grease interceptor size is evaluated for new proposed restaurant, and I would require that HVAC/exhaust system to be balanced.

SAT
 
[A] 102.6.2 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 otherwise specifically provided in this code, the International Fire Code or International Property Maintenance Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.

Thanks to everyone for some great information.

This is not a change in occupancy. It is just reoccupying a building after it has been empty for years.

The above wording is also in the 2009 IBC (which is the adopted code in my municipality). It is also in the 2009 IEBC 101.4.1

We work closely with the Fire Marshall and he has some things in the NFPA to enforce. Some of those things overlap with the Building code/Exisiting building code.

The building was built about 70 years ago and we do not know if it was built to any codes.

The following section of the code is what the building official is using to ensure a safe building

. . . or as deemed necessary by the building official for the general safety and welfare of the occupants and the public.

He is requiring a design professionals do an Analysis of the building including occupancy load. The analysis will ensure that the occupancy load is correct and all aspect of egress requirements of the code are met. They with also have to add some exit signs and make sure that the kitchen hood meets code requirements.

Again thanks to everyone for some great information.
 
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