Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 34 - Existing Buildings and Structures › Section 3412 - COMPLIANCE ALTERNATIVES › Subsection 3412.2 - Applicability

Current through Register 1525, July 5, 2024
Structures existing prior to [DATE TO BE INSERTED BY THE
				  JURISDICTION. NOTE: IT IS RECOMMENDED THAT THIS DATE COINCIDE WITH THE
				  EFFECTIVE DATE OF BUILDING CODES WITHIN THE JURISDICTION], in which there is
				  work involving additions, alterations or changes of occupancy shall be made to
				  comply with the requirements of this section or the provisions of Sections 3403
				  through 3409. The provisions in Sections 3412.2.1 through 3412.2.5 shall apply
				  to existing occupancies that will continue to be, or are proposed to be, in
				  Groups A, B, E, F, M, R, S and U. These provisions shall not apply to buildings
				  with occupancies in Group H or I.
3412.2.1
Change in occupancy.
Where an existing building is changed to a new occupancy classification and
				this section is applicable, the provisions of this section for the new
				occupancy shall be used to determine compliance with this code.
3412.2.2
Partial change in
				occupancy.
Where a portion of the building is changed to a new occupancy
				classification, and that portion is separated from the remainder of the
				building with fire barriers or horizontal assemblies having a
fire-resistance rating
as required by Table 508.4 for the
				separate occupancies, or with
approved
compliance
				alternatives, the portion changed shall be made to comply with the provisions
				of this section.
Where a portion of the building is changed to a new occupancy
				  classification, and that portion is not separated from the remainder of the
				  building with
fire barriers
or
horizontal
				  assemblies
having a
fire-resistance rating
as
				  required by Table 508.4 for the separate occupancies, or with
approved
compliance alternatives, the provisions of this
				  section which apply to each occupancy shall apply to the entire building. Where
				  there are conflicting provisions, those requirements which secure the greater
				  public safety shall apply to the entire building or structure.
3412.2.3
Additions.
Additions
to existing buildings shall comply with the
				requirements of this code for new construction. The combined height and area of
				the existing building and the new
addition
shall not exceed
				the height and area allowed by Chapter 5. Where a
fire wall
that complies with Section 706 is provided between the
addition
and the existing building, the
addition
shall be considered a separate building.
3412.2.4
Alterations and
				repairs.
An existing building or portion thereof, which does not comply
				with the requirements of this code for new construction, shall not be altered
				or repaired in such a manner that results in the building being less safe or
				sanitary than such building is currently. If, in the
alteration
or repair, the current level of safety or
				sanitation is to be reduced, the portion altered or repaired shall conform to
				the requirements of Chapters 2 through 12 and Chapters 14 through 33.
3412.2.4.1
Flood hazard areas.
For existing buildings located in flood hazard areas established in Section
				1612.3, if the
alterations
and repairs constitute substantial
				improvement of the existing building, the existing building shall be brought
				into compliance with the requirements for new construction for flood
				design.