13-200-150 Change of commercial unit to residential use.

   The change of a commercial unit (storefront) to a residential use, if allowed by zoning and where the primary use of the building is residential, shall require compliance with the provisions as set forth in Sections 13-200-210 through and including 13-200-240, “Increase in Number of Dwelling Units”, but need not comply with other change of occupancy requirements of this section.

(Prior code § 78.1-15)

13-200-160 Requirements for change to residential occupancy.

   When the occupancy of an existing building is changed from any occupancy classification to residential, the following requirements shall be met:

   (a)   The existing stairways and elevators may remain but shall be enclosed, in accordance with the requirements of Sections 15-8-140 and 15-8-150. Stairs, passenger elevators, and escalators may be all placed in the same enclosure.

   (b)   Boiler rooms and heating plants shall be enclosed, in accordance with Section 15-8-190.

   (c)   Exit signs and lights shall be provided, in accordance with Section 13-160-700.

   (d)   Means of egress lighting shall be provided, in accordance with Section 13-160-660.

   (e)   Fire alarm and extinguishing systems shall be provided, in accordance with Chapter 15-16.

   (f)   Height and area limitations shall be in accordance with Chapter 13-48 for all additions. If the existing building already exceeds the height or area limitations for the new use, it may be changed to residential occupancy but it shall not be increased in height or area. If the height of the existing building exceeds 80 feet, the existing building shall comply with the High-Rise Code, Chapter 13-76.

   (g)   Pipe shafts and ducts shall be enclosed, in accordance with Section 15-8-160.

   (h)   All residential buildings shall be provided with smoke alarms, as required for new construction in Chapter 13-64.

   (i)   All residential buildings over four stories in height shall be provided with self-closing devices on doors opening upon public corridors or stairs.

(Prior code § 78.1-16; Amend Coun. J. 6-14-95, p. 2841; Amend Coun. J. 9-6-17, p. 55278, Art. VI, § 32)

13-200-170 Requirements for a change of occupancy to any other than residential.

   When the occupancy of an existing building is so changed as to transfer it from one occupancy classification to another, the building commissioner shall first determine whether the change results in a lesser, equal, or greater hazard in accordance with Table 13-200-170. The occupancy classification shall be evaluated relative to the last known legal occupancy of the building.

Table 13-200-170
Hazard Index

Occupancy	Class	Index Number
Residential	A	2
Institutional	B	6
Large assembly	C-1	6
Small assembly	C-2	4
Schools (Type I, IB and III)	C-3	4
Adult education (School Type II)	C-3	2
Business	E	2
Mercantile	F	3
Industrial	G-1	1
Industrial	G-2	3
Storage	H-1	1
Storage	H-2	3
Garages (other than private)	H-3	4
Hazardous	I	6

 

(Prior code § 78.1-17; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 3-5-03, p. 104990, § 40; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1)

13-200-180 Equal or lesser hazard requirements.

   When the proposed use is of equal or lesser hazard, further compliance with the code for new construction is not required, except as specified below:

   (a)   Exit signs and lights shall be provided, in accordance with Section 13-160-700.

   (b)   Means of egress lighting shall be provided, in accordance with Section 13-160-660.

   (c)   Fire alarm and extinguishing systems shall be provided, in accordance with Chapter 15-16.

(Prior code § 78.1-18)

13-200-190 Increase in one hazard index number.

   When the proposed change in use results in an occupancy class one hazard index number higher than its present occupancy class as defined in Table 13-200-170, the entire building must meet all the requirements of the code for new construction, with the following exceptions:

   (a)   Existing stairways and elevators may remain but shall be upgraded by one of the following alternative methods:

      (1)   Stairs and elevators shall be fully enclosed in accordance with the requirements of Sections 15-8-140 and 15-8-150.

      (2)   Noncombustible doors and assemblies shall be installed in the corridors between exit stairs. Such assemblies need not be rated but shall be constructed, as provided by Section 15-8-140(a).

      (3)   The entire building served by the existing stairs shall be provided with a standard sprinkler system, complying with the requirements of Chapter 15-16.

   (b)   Compliance is not required with all the provisions of Chapter 13-48 for height and area limitations, however, no existing building may be increased in area or height beyond the limitations of Chapter 13-48.

   (c)   Compliance is not required with Sections 15-8-050 and 15-8-100 for existing parapets.

(Prior code § 78.1-19)

13-200-200 Increase of two or more hazard index numbers.

   When the proposed change in use results in an occupancy class two or more hazard index numbers higher than its present occupancy class, as defined in Table 13-200-170, the entire building shall meet the requirements of Chapters 13-160, 15-8, 15-12 and 15-16, providing however that fire sprinklers shall not be required in any existing Type I building accommodating a day care center classified as a Type III school.

(Prior code § 78.1-20; Amend Coun. J. 6-14-95, p. 2841; Amend Coun. J. 4-16-96, p. 20112)

13-200-210 Increase in number of dwelling units.

   The allowance to increase the number of dwelling units under the provisions of this section shall apply to each building area separated by vertical separations providing fire resistance of not less than two hours and extending from the basement floor to the underside of the roof sheathing. All openings in such vertical separations shall be protected with Class B fire doors with self-closing devices.

(Prior code § 78.1-21)

13-200-220 Definition of legally established dwelling unit.

   As used in Sections 13-200-230, 13-200-240 and 13-200-300(d) of this chapter, the term “legally established dwelling units” shall mean the number of dwelling units authorized to exist in a residential building or a building of mixed occupancy, with one of the occupancies being residential, pursuant to the issuance of a valid building permit or authorized by a final and nonappealable court order.

(Prior code § 78.1-21(a); Added Coun. J. 10-28-87, p. 5549)

13-200-230 Increase in one additional dwelling unit.

   In any residential building or building of mixed occupancy, with one of the occupancies being residential, the number of dwelling units may be increased by one dwelling unit above the number of legally established dwelling units providing the building complies with the following requirements:

   (a)   The alterations meet the requirements of Title 17 of this Code;

   (b)   The building shall not be more than four stories high for ordinary construction (Types III-B or III-C), and not more than two stories high for combustible frame construction (Types IV-A or IV-B). Buildings of mixed ordinary and frame construction shall be governed by the requirements of combustible frame construction;

   (c)   A basement may be used for habitable rooms or a dwelling unit, regardless of the depth of the floor below grade, if the floors and walls are impervious to leakage of underground and surface runoff water and are protected against dampness, and if the required minimum window area is located entirely above the finished elevation of the ground adjoining the building wall in which the windows are located;

   (d)   Area and space requirements of Sections 13-196-470 through and including 13-196-490 shall be met in all rooms, except that at least 80 percent of the floor area of every habitable room shall have a ceiling height of not less than seven feet, six inches. Twenty percent of the floor area of any habitable room may have a ceiling height as low as six feet, eight inches;

   (e)   Natural Light and ventilation shall comply with requirements of Chapter 13-172;

   (f)   Exits shall comply with the exit requirements of Sections 13-200-330 through and including 13-200-360, except that basement dwelling units may have a second exit through a space containing a heating plant;

   An existing building or structure may be increased in height or area up to the limits imposed by Chapter 13-48.

   (g)   If the basement contains a dwelling unit, the entire basement ceiling construction shall be one-half hour rated construction, or the original wood lath and plaster construction;

   (h)   Basement apartments shall be separated from heating plants as required by Section 15-8-190;

   (i)   Any subsequent or additional increase of one unit or more under this provision shall meet the requirements of Section 13-200-240.

(Prior code § 78.1-22; Amend Coun. J. 10-28-87, p. 5549; Amend Coun. J. 6-14-95, p. 2841; Amend Coun. J. 4-29-98, p. 66679, § 2)

 

Notes

Title 17

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