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Change of Occupancy
The Building Code classifies how a building is used into different categories or“occupancies”. Whenever the use of any part of a building changes from oneoccupancy classification to another, then a Change of Occupancy Permit is required.For example, a change of occupancy is required to use a store building (an M occupancy) as a day care center (an E-3 occupancy) or to enlarge the seating in a restaurant from less than 50 (a B occupancy) to more than 50 (an A-3 occupancy).
When the occupancy of a building is changed, the Building Code requires that thebuilding meet all current code requirements for that new use. That means that an old house (an R-3 occupancy) that is to be used as an office building must comply with the requirements for a new office building.
A “Change of Occupancy” applies to the use of a building only, and should not be confused with any process required by the Zoning Code to change the use of a property. Building occupancy classifications address the impact of the building on the occupants of the building, whereas zoning use classifications tend to focus on the impact of the use on the surrounding properties
PROCESS
HOW DO I APPLY FOR A CHANGE OF OCCUPANCY PERMIT?
A Change of Occupancy Permit is a building permit. Four sets of building plans arerequired to process your permit. You may turn in your plans and pay the required plan check fees at the Development Services Center (located on the first floor of the 1900 Building, 1900 SW Fourth Avenue). At that time you will be assigned the case number that will be used to track your permit.
WHAT INFORMATION MUST BE SHOWN ON THE PLANS?
Building plans for a Change of Occupancy Permit must be neatly drawn and to scale (graph paper may be acceptable in the case of simple buildings). The plans must show existing conditions as well as any proposed changes. (In the case of some existing commercial buildings, “as-built” plans may be available from the Office of Planning and Development Review (OPDR) microfilm files.).
PLACES OF ASSEMBLY
General Regulations and Guidelines
Place of Assembly Permit- Businesses with 50 or more persons gathered together for the purpose of food or drink consumption, social or religious functions, recreation or instruction are required to obtain an annual Fire Department Permit. The Permit shall include the occupant capacity of the room and be posted in a conspicuous place near the main exit from the room. Failure to comply with occupant capacity requirements shall be cause for revocation of the Place of Assembly Permit. Fire Code, Sections 105 and 2501.16.1.
Overcrowding- Admittance of persons beyond the approved and posted occupant capacity is prohibited Business management is responsible for obtaining a continuous and accurate occupant tally. An Administrative Citation may be assessed per violation. Fire Code, Section 2501.16.3 .
Exit Doors- Shall swing in the direction of the path of exit travel. Exit doors shall be openable from the inside without the use of a key or any special knowledge or effort. Exit doors shall not be locked, chained bolted, barred, latched or otherwise rendered unusable. Exit doors shall not be provided with a latch or lock unless it is panic hardware. Exception: The main exit door, or one leaf of a pair of main exit doors, may be provided with a key-locking device, provided a readily visible sign is adjacent to the doorway stating “THIS DOOR MUST REMAIN UNLOCKED DURING BUSINESS HOURS”. Fire Code, Sections 1207.2, 1207.3 and 2501.8.2.
Exit Signs- Shall be readily visible from any direction of approach. Exit signs shall be internally or externally illuminated. In case of primary power loss, exit signs must remain illuminated for duration of not less than 1 hours by being connected to batteries or emergency generator. Exception: Approved self-luminous signs that provide continuous illumination independent of an external power source. Fire Code,Sections 1212.2, 1212.4, and 1212.5.
Emergency Lighting- Businesses with an occupant capacity of 100 or more shall be provided with emergency lighting. Fire Code, Section, 1212.4, Building Code, Section 1003.2.9.1 and 1003.2.9.2
Means of Egress- Shall not be obstructed in any manner and shall remain free of any material or matter where its presence would obstruct or render the means of egress hazardous. Fire Code, Section 1203
Decorative Materials – Drapes, curtains, hangings and other decorative materials shall be flame resistant. Fire Code, Section 1103.3.3 and California Code of Regulations, Title 19, Section 3.08
Candle and Other Open-Flame Decorative Device Permit- Only approved candles and open-flame devices and an annual Fire Department Permit is required. Fire Code, Sections 25.01.17 and 1109.8
Fireworks, Pyrotechnics and Flame Special Effects- Are prohibited. Exception: A Fire Department Permit is required, a licensed pyrotechnician must conduct the display and a Fire Safety Officer must be present during the display. Fire Code, Sections 105 and 7801.3
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