PCCA Bulletin Board

[Frank T]

What is everybody requiring to be done to the building to meet code. My understanding is that a Certificate of Occuancy is required in both cases.
Thanks!!

[jar546]

You need to be more specific about the type of work that is planned and the current condition of the building. Also, some municipalities have their own rules and regulations that exceed the UCC, especially apartments/rental units.

[dbuskirk]

There are no Code requirements for that kick in for change of ownership, unless a municipality has adopted something specifically adresses that. Some municipalities require an occupancy inspection under the Property Maintenance Code upon change of ownership or tenant, but not under the UCC.

Change of Occupancy is a different situation, however, and don't confuse "change of occupants" as a change of "Occupancy". A change of occupancy is a change in the use classification in chapter 3 of the IBC, not just a business moving out and another business of the same use classification moving in. When there is, in fact, a change of "Occupancy" classification, you can require the tenent space to be brought up to code.

Good Luck

[Bart]

Dave,
I am not sure I entirely agree with your position on Change of Occupancy. If I issue a CO for a Buisness to Acme Office supplies to operate at 100 North Main Street and Acme goes out of buisness that does not automatically give ABC Office Supplies the right to occupy the same space. I could see allowing the same CO to remain valid if Acme Office Supplies changed owners but not its name. 403.42 says change of Occupancy not change of occupancy class triggers a permit requirement. Also I would submit that any change of the required information on a CO negates the CO and requires a new one.

How about change of use without change of occupant? For example a warehouse that remains under the same ownership and still handles furniture but goes from wood and metal furniture to plastics? Wouldn't the change in product line trigger a need to evaluate the fire suppression system due to the increased hazard?

Bart

[Not Bob]

Don't confuse change of occupant (the tenant) with change of occupancy (the kind of business or activity that takes place in the facility). For example, Acme Office Supply moving out and Acme Office Supplies moving in is a change of occupant but not a change of occupancy, since we assume they are both office supply stores. Keep in mind that within each Occupancy Group there are many occupancies. For example, look at Section 304 in the IBC. For Occupancy Group "B"it lists 18 different occupancies. Converting a building from a bank to an animal hospital is a change of occupancy even though both occupancies are in Occupancy Group "B"