CHAPTER 7. CHANGE OF OCCUPANCY

701.0 General
702.0 Fire and Life Safety
703.0 Structural Safety
704.0 Handrails and Guards
705.0 Health and Hygiene
706.0 Energy Conservation

701.1 -- Any repair, renovation, alteration, or reconstruction work undertaken in connection with a change of occupancy that does not involve a change of Use Group shall conform to the requirements of Chapters 3, 4, 5 and 6 respectively for the applicable Use Group.

701.2 -- The Use Group of an existing building or structure may be changed, provided the building or structure meets all the requirements of Chapter 6 applied throughout the building for the new Use Group, and the requirements of this Chapter.

Exceptions:

1. Compliance with all the provisions of Chapter 6 is not required where the change of use complies with the requirements of Section 701.11.
2. As modified in Section 905.0 for historic buildings.

The model building codes require compliance with all the requirements of the building code, or with the intent of those requirements, in all changes of use groups. The NARRP follow the UCBC in establishing hazard categories for the use groups. Changes of use to a higher hazard category require compliance with the building code requirements that address that hazard. Changes of use to an equal or lower hazard category require compliance with a minimum level of improvements, which in the NARRP is defined as the reconstruction requirements (Chapter 6) applied throughout the building. The latter (change of use to an equal or lower hazard category) is a significant change from the model codes.

701.3  Special Use and Occupancy

701.3.1 -- Where the character of use of an existing building or part of an existing building is changed to one of the following special use or occupancy categories as defined in Chapter 4 of the Building Code, the building shall comply with all the applicable requirements of that chapter, regardless of whether a change of Use Group is involved:

1. covered mall buildings,
2. atriums,
3. private garages,
4. public garages,
5. motion picture projection rooms, screening rooms and sound stages,
6. stages and platforms,
7. special amusement buildings, and
8. HPM facilities.

This list of special use and occupancy categories is based on the BOCA National Building Code. Jurisdictions using a different code would need to determine the appropriate categories under their code

701.3.2 -- An underground building in which there is a change of use shall comply with the requirements of the building code applicable to underground structures.

701.4.1 -- 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 Plumbing Code, the intent of the respective Plumbing Code provisions shall be complied with.

701.4.2 -- 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 Plumbing Code.

701.4.3 -- If the new occupancy will produce grease or oil laden wastes, it shall be provided with interceptors as required in the Plumbing Code.

701.4.4 -- If the new occupancy will produce chemical wastes, the following shall apply:

1. If the existing piping is not compatible with the chemical waste, the waste shall be neutralized prior to entering the drainage system or the piping shall be changed to a compatible material.

2. No chemical waste shall discharge to a public sewer system without the approval of the sewage authority.

701.4.5 -- If the Use Group is changed to Use Group I-2, the plumbing system shall comply with the applicable requirements of the Plumbing Code.

701.5  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 Mechanical Code, the intent of the respective Mechanical Code provisions shall be complied with.

The Mechanical Code includes outdoor air rate requirements (in terms of CFM/person or CFM/sq.ft.) for many occupancy classifications. The intent of this requirement is to upgrade the mechanical ventilation if the change of occupancy entails an increased demand for ventilation.

701.6  Electrical Requirements

701.6.1 -- Where the occupancy of an existing building or part of an existing building is changed to one of the following special occupancies as described in Chapter 5 of the Electrical Code, the electrical wiring and equipment of the building or portion thereof that contains the proposed occupancy shall comply with an applicable requirements of the Electrical Code regardless of whether a change of Use Group is involved:

1. hazardous (classified) locations,
2. commercial garages, repair and storage,
3. aircraft hangars,
4. gasoline dispensing and service stations,
5. bulk storage plants,
6. spray application, dipping and coating processes,
7. health care facilities,
8. places of assembly,
9. theaters, audience areas of motion picture and television studios and similar locations,
10. motion picture and television studios and similar locations,
11. motion picture projectors, and
12. agricultural buildings.

701.6.2 -- 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 be brought up to the current edition of the Electrical Code.

701.6.3 -- 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 the Electrical Code for the new occupancy.

701.6.4 -- Where the occupancy of an existing building or part of an existing building is changed the number of electrical outlets shall comply with the Electrical Code for the new occupancy.

Section 701.6.1 includes a complete listing of the occupancies that entail special electrical requirements in the National Electrical Code due to the nature of the occupancy. Section 701.6.4 may require increasing the number of outlets when there is a change into use Groups R-2, R-3, and R-4.

701.7  Part Change of Use Group

701.7.1 -- Where a portion of an existing building is changed to a new Use Group, and that portion is not separated from the remainder of the building with fire separation assemblies having a fire resistance rating as required in the Building Code for the separate Use Groups, or with approved compliance alternatives, the entire building shall comply with all the requirements of Chapter 6 applied throughout the building for the new Use Group, and with the requirements of this Chapter.

Exception:

1. Compliance with all the provisions of Chapter 6 is not required when the change of use complies with the requirements of Section 701.11.

701.7.2 -- Where a portion of an existing building is changed to a new Use Group, and that portion is separated from the remainder of the building with fire separation assemblies having a fire resistance rating as required in the Building Code for the separate Use Groups, or with approved compliance alternatives, the portion changed shall comply with all the requirements of Chapter 6 for the new Use Group, and with the requirements of this Chapter.

Exception:

1. Compliance with all the provisions of Chapter 6 is not required when the change of use complies with the requirements of Section 701.11.

701.8 -- Every change of use to one classified in a different Use Group shall require a new certificate of occupancy regardless of whether any renovations, alterations, or reconstruction work are required by these provisions.

701.9  Accessibility -- Every building undergoing a change of occupancy shall comply with the accessibility requirements in the Building Code applicable to a change of occupancy.

New Jersey, in an effort to develop a complete code applicable to rehabilitation of existing buildings, has undertaken to extract the applicable requirements from its Building Code. The following requirements, based on New Jersey's draft, are included for reference: 1.Where there is no construction associated with a change of occupancy in a building with less than 10,000 square feet total gross enclosed floor area it shall be exempt from the Accessibility requirements of the Building Code. 2.The change of occupancy of a building 10,000 square feet or greater total gross enclosed floor area shall comply with the Accessibility requirements of the Building Code.

701.10  Hazard Category Classifications -- The relative degree of hazard between different Use Groups shall be as set forth in the hazard category classifications, Tables A through C of Section 702 and Table D of Section 703.

701.10.1 -- An existing building or portion thereof may have its use changed to a Use Group within the same hazard classification category or to a Use Group in a lesser hazard classification category (higher number) in all four hazard category classifications, provided it complies with the provisions of Chapter 6 for the new Use Group, applied throughout the building, or portion thereof in accordance with Section 701.7.2, with Sections 703.1 (Live Loads) and 703.2 (Vertical Loads on Roofs), and with Sections 704.0 (Handrails and Guards) and 705.0 (Health and Hygiene).

Exception:

1. Compliance with all the provisions of Chapter 6 is not required where the change of use complies with the requirements of Section 701.11.

The exception references Section 701.11, which addresses the applicable requirements for a change of use involving an equal or lesser hazard category based on Tables A, B and C. Where this occurs, compliance with all provisions of Chapter 6 for the new use is not required, provided compliance with those selected requirements identified in Section 701.11 is achieved.

701.10.2 -- An existing building shall comply with all the applicable requirements of this Chapter when a change in use will place it in a higher hazard category or when the use is changed within Use Group H.

701.10.3 -- An existing building may have its use changed to a higher hazard rating (lower number) in all three hazard category classifications designated in Tables A, B, and C provided it complies with this Chapter or with Appendix 2.

701.11  Change of Use to an Equal or Lesser Hazard -- A change of use to a Use Group within the same hazard classification category or to a Use Group in a lesser hazard classification category (higher number) in the three hazard category classifications addressed by Tables A, B and C shall be permitted in an existing building or portion thereof provided the provisions of this section are met.

There are instances where the new use group may be considered a lesser hazard in all three of the fire hazard classification tables. One option provided by Section 701.10 would be to comply with the requirements of Chapter 6 for the new use group. However, if the hazard is not as severe as that associated with the prior use, compliance with all the provisions of Chapter 6 may be an unreasonable burden. Therefore, this section permits a change to a lesser hazard as measured in Tables A, B and C provided compliance with selected additional requirements are met to provide an acceptable level of protection for the new use. Some examples where this condition may occur include the following: 1.Change from an assembly use to Use Group E. 2.Change from an office building to Use Group F-2. 3.Change from a school to Use Group B. 4.Change from an industrial use to Use Group B. 5.Change from an institutional use to use Group R. This list is not intended to be all inclusive, but does identify some typical scenarios.

701.11.1 -- Regardless of the Use Group involved, the following requirements shall be met:

1. The capacity of the means of egress shall comply with Section 602.3.
2. The interior finish of walls and ceilings shall comply with the requirements of Section 603.
3. The high rise building requirements of Section 608.0 shall apply.
4. The boiler/furnace room requirements of Section 609.0 shall apply.

Tables A, B, and C do not address the hazards associated with interior finish materials, high rise buildings, and boiler/furnace rooms. Therefore, regardless of the hazard classification, compliance with the referenced sections is required. Likewise, regardless of the new Use Group, the means of egress capacity must comply with the provisions of Section 602.3.

701.11.2 -- Where the new use is classified as Use Group I-1, R-1 or R-2, the following requirements shall be met:

1. Corridor doors and transoms shall comply with the requirements of Sections 602.4.3 and 602.4.4.
2. Fire suppression systems shall comply with the requirements of Section 606.0.
3. Fire alarm systems shall comply with the requirements of Section 607.0.

The four sections referenced are intended to ensure that the level of life safety required by current building codes with respect to fire suppression systems, fire alarm system and corridor separation is achieved.

701.11.3 -- Where the new use is classified as Use Group I-2, the following requirements shall be met:

1. Egress doorways from patient sleeping rooms shall and suites of rooms shall comply with the requirements of Section 602.4.2.
2. Shaft enclosures shall comply with the requirements of Section 604.0.
3. Smoke barriers shall comply with the requirements of Section 605.1.
4. Fire suppression systems shall comply with the requirements of Section 606.0.
5. Fire alarm systems shall comply with the requirements of Section 607.0.

The lack of evacuation capability of the occupants in buildings of Use Group I-2 warrant special consideration in the areas identified.

701.11.4 -- Where the new use is classified as Use Group I-3, the following requirements shall be met:

1. Locking of egress doors shall comply with the requirements of Section 602.4.11.
2. Shaft enclosures shall comply with the requirements of Section 606.0.
3. Fire suppression systems shall comply with the requirements of Section 606.0.
4. Fire alarm systems shall comply with the requirements of Section 607.0.

The lack of evacuation capability of the occupants in buildings of Use Group I-3 warrant special consideration in the areas identified.

701.11.5 -- Where the new use is classified as Use Group R-3, the following requirements shall be met:

1. Dwelling unit separation shall comply with the requirements of Section 605.2.
2. The smoke detector requirements of Section 607.1 shall be met.

A change to Use Group R-3 will require compliance with the dwelling unit separations and smoke detector requirements to provide an acceptable level of life safety to the occupants. There are some use groups which may be conspicuous by their absence under Section 701.11. For example, there are no special considerations for a change to an assembly use. However, about the only times that Section 701.11 would apply to a change to an assembly use would be a change from one assembly use to another or from an educational use to an assembly use. It would also be possible to change from an institutional use to an assembly use, but provided that the provisions of 701.11.1 are met, the resulting increased occupant load should not require additional protection beyond that required for an incapable population. Likewise, while changes to Use Groups F-1, M or S-1 might otherwise require automatic suppression systems, note that changes to such uses will not typically qualify to use Section 701.11 since at least one of the tables would result in a higher hazard classification.

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702.0 Fire and Life Safety

702.1   Means of Egress/General

Table A

HAZARD CATEGORIES AND CLASSIFICATIONS:
LIFE SAFETY AND EXITS

RELATIVE HAZARD	USE CLASSIFICATION
1 (Highest Hazard)	H
2	I-2, I-3
3	A, E, I-1, M, R-1, R-2
4	B, F-1, R-3, R-4, S-1
5 (Lowest Hazard)	F-2, S-2, U

Table A is based on the travel distances permitted for the various Use Groups in the BOCA National Building Code. A further distinction has been made between relative hazard levels 3 and 4 based upon the anticipated characteristics of the occupants such as density, familiarity with surroundings and other characteristics which could impact on evacuation time such as being awake or asleep, age and potential impairments.