Change of Use/Occupancy Guide
In recent months, a growing number of individuals have approached us with a common scenario: they've discovered the perfect space for rent, envisioning it as their ideal event venue. Enthusiastically, they embark on the journey to transform this space, only to encounter an unexpected hurdle – the need for a change of use or change of occupancy. This realization often comes with the surprising news that hiring an architect is not just advisable but necessary. What was initially anticipated as a quick setup, often just a few weeks, now faces potential delays of a month or two. This introductory guide is designed to demystify these processes, clarifying the difference between a change of use and occupancy, and explaining why professional architectural guidance is indispensable for navigating these changes smoothly and efficiently.
BOTH CHANGE OF USE AND CHANGE OF OCCUPANCY REQUIRE A BUILDING PERMIT
It is crucial to understand that changes in occupancy or use often mandate obtaining a building permit, regardless of whether they involve physical modifications to the structure. The reason behind this is that different occupancy classifications or uses represent varying levels of hazard and risk to the occupants of the building. These classifications are carefully defined and regulated to ensure safety and compliance with building codes. Therefore, even a change that seems straightforward – such as repurposing a space for a different type of activity – requires a thorough code review under the guidance of a professional. This process ensures that the new intended use of the space meets all necessary safety and regulatory standards.
WHAT IS A CHANGE of OCCUPANCY?
To explain the concept of a change of occupancy, it's essential to begin with a clear understanding of what Occupancy Classifications are. Here's a refined explanation that you can use:
Understanding Change in Occupancy: Starting with Occupancy Classifications
At the heart of understanding a change in occupancy is the concept of Occupancy Classifications. These classifications are formal designations that define the primary purpose of a building or a part of it. It's important to note that a single building or structure can have multiple Occupancy Classifications.
Occupancy Classifications are systematically categorized by groups in the current Indiana Building Code (IBC). Each group has specific uses associated with it, as outlined in the IBC. Below is a convenient list of these classifications and their respective uses, as they appear in the IBC:
1. Assembly (A): This includes uses like A1 (theaters, concert halls), A2 (restaurants, bars), A3 (libraries, galleries), or A5 (outdoor seating).
2. Business (B): Encompasses spaces used for business purposes like offices, banks, and professional services.
3. Education (E): Buildings used for educational purposes, typically schools.
4. Factory/Industrial (F): This includes F1 (moderate-hazard factories) and F2 (low-hazard factories).
5. High Hazard (H): Encompassing H1 to H5, these are used for high-hazard activities involving materials that pose a significant risk.
6. Institutional (I): Including I1 (nursing homes), I2 (hospitals), I3 (prisons), or I4 (daycare facilities).
7. Mercantile (M): Covers retail and wholesale stores, markets.
8. Residential (R): This includes R1 (hotels), R2 (apartments), R3 (single-family homes), or R4 (care facilities).
9. Storage (S): Including S1 (moderate-hazard storage), S2 (low-hazard storage), or S3 (storage of refrigerated items).
10. Utility or Miscellaneous (U): Buildings that don't fit into other categories, like barns or towers.
A change in occupancy occurs when a building’s use is transformed from one classification to another, such as converting a warehouse (Storage S2) into a restaurant (Assembly A2). This change often involves different safety, accessibility, and building code requirements, necessitating a review and potential alterations to comply with the new classification standards.
Understanding Mixed Occupancy in Change of Occupancy Classification
Change of Occupancy Classification is an important concept in building use and code compliance, signifying a shift in the primary function of a structure or part of it. This often becomes relevant in cases of mixed occupancy, where a single structure is used for multiple purposes.
Example of Mixed Occupancy:
Consider a scenario where a building initially designated as an office space (with an Occupancy code "B" for Business) is proposed to include an event space as well. This modification constitutes a Change of Occupancy.
- Introducing an event space into the existing office building would result in a mixed Occupancy classification. In this case, it could be classified as "B/A", where "B" represents the original Business use (office space), and "A" represents the Assembly use (event space).
- The event space might fall under specific sub-categories like A2 (for restaurants, bars, or banquet halls) depending on its intended use. This would further refine the classification to "B/A2".
In such mixed occupancy scenarios, it's crucial to adhere to the building codes and safety standards pertinent to each specific use. The office space must maintain its compliance with business-related building standards, while the event space must align with the safety and accessibility standards set for assembly spaces.
Navigating the requirements for mixed occupancy can be complex, as it involves meeting the regulatory demands of different uses within a single building. It underscores the importance of expert guidance to ensure that all aspects of the building are compliant with the relevant codes and regulations.
WHAT IS A CHANGE OF USE?
A "Change of Use" refers to any alteration in the purpose or level of activity within an existing Occupancy Group that necessitates adherence to the current building codes. This concept is particularly relevant in scenarios where the function of a space within a building is transformed, thereby affecting its classification under building codes.
EXAMPLE OF CHANGE OF USE
A typical instance of Change of Use can be observed within Occupancy Group "A" (Assembly Group). For example, altering the use of a space from an "A1" classification (a theater) to an "A2" classification (a restaurant) represents a Change of Use. This shift is not merely a matter of changing the business type but involves conforming to different safety, accessibility, and building standards as outlined in the current codes.
Key Considerations and Requirements:
1. Permit for Code Review: Changes in either Occupancy or Use necessitate a permit for a code review. This review might trigger the need for additional building and/or site improvements, as if the space were subject to new construction standards.
2. Review of 'Grandfathered' Aspects: Parts of the building previously 'grandfathered' under the original permitted use must be re-evaluated in light of current building codes. This re-evaluation could result in significant modifications to ensure compliance.
3. Potential Required Changes: Based on the current International Building Code (IBC) and the ICC Accessibility Code, some of the changes might include:
- Fire Separation: Implementing fire-resistant measures, such as adding multiple layers of gypsum board to walls and ceilings.
- Accessibility Adjustments: Installing features like wheelchair ramps, railings, accessible parking, entrances, routes, countertops, restrooms, etc.
- Plumbing and Mechanical Upgrades: Obtaining additional permits for any significant improvements or changes to the existing plumbing and mechanical systems.
- Zoning Compliance: Adhering to zoning requirements, which could involve additional parking, bike racks, fencing, screening, and landscaping.
- System Development Charges: These may apply for changes related to water meter size or traffic impact, as specified in the local land use codes.
A Change of Use involves a thorough reassessment of the building to ensure it meets the current standards for its new function. It is a process that goes beyond mere aesthetic or functional alterations, delving into the realm of safety, accessibility, and compliance with the latest building regulations.
Conclusion: Navigating the Complexities of Change of Use and Occupancy
In summary, navigating the intricacies of Change of Use and Change of Occupancy involves much more than meets the eye. It's not just about transforming a space aesthetically or functionally; it’s about ensuring that the space meets current building codes, safety standards, and is fully compliant with regulatory requirements. The process can be complex and, at times, overwhelming, particularly when it involves reconciling various regulations and codes.
We strongly encourage potential clients to seek professional advice early in the process. Getting the right guidance from the outset can save you time, reduce costs, and most importantly, ensure that your project meets all legal and safety requirements. Our team is equipped with the expertise and experience to help you navigate through this process smoothly.
If you're considering a Change of Use or Occupancy, or if you're in the initial stages of planning your project, do not hesitate to reach out to us. We are here to provide you with the support and guidance you need at every step of the way.
Remember, the right advice at the right time can make all the difference in the successful completion of your project. We look forward to assisting you in bringing your vision to reality.