Rhode Island Code of Regulations › Title 510 - Building Code Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 20 - RISRC-1 State Rehabilitation Building and Fire Code for Existing Structures › Section 510-RICR-00-00-20.7 - Chapter 7: Change of Use and Occupancy

Current through June 14, 2024
20.7.1
701.0
General
701.1 Applicable requirements: Any repair,
							renovation, modification, or reconstruction work undertaken in connection with
							a change of character of use as outlined in 701.3.1 that does not involve a
							change of occupancy classification shall conform to the requirements of
							Chapters 3, 4, 5, and 6 respectively for the applicable occupancy
							classification. BF
701.2 Change of
							occupancy: The occupancy classification of an existing building or structure is
							defined as the classification of occupancies into groups in accordance with
							202.0. The occupancy classification may be changed, provided the building or
							structure meets all the requirements of Chapter 6 applied throughout the
							building for the new occupancy classification, and the requirements of Chapter
							7. BF
Exceptions:
1.
							Compliance with all the provisions of Chapter 6 is not required where the
							change of use complies with the requirements of 701.11.
2. As modified in Chapter 904.0 for
							historical buildings.
701.3 Special use and occupancy
701.3.1 Where the character of use of an
							existing building or part of an existing building is changed to one of the
							following special use or occupancy categories as defined in other sections of
							this Code, the building shall comply with all the applicable requirements of
							that chapter and the required provisions of NFPA 101, Life Safety Code, for new
							occupancies regardless of whether a change of occupancy classification is
							involved: BF
1. Covered mall
							buildings
2. Atriums
3. Private garages
4. Parking garages
5. Motion picture projection rooms
6. Stages and platforms
7. Special amusement buildings
701.3.2 An underground building,
							as defined in 405 of the Building Code, in which there is a change of occupancy
							shall comply with the requirements of 405 of the Building Code and the required
							provisions of NFPA 101, Life Safety Code for new construction applicable to
							underground structures. BF
701.3.3
							Living and Work Quarters for Artists
701.3.3.1 Where the character of use of an
							existing building or part of an existing building is changed to
							artist-in-residence spaces the building or part of the building shall comply
							with the requirements of Section. B
701.3.3.2 Not over thirty-three (33%) percent
							of an artist-in-residence space shall be used or arranged for residential
							purposes such as sleeping area, kitchen, bathroom and closet areas. The minimum
							area of an artist-in-residence space shall be 750 square feet. A separation
							between the working space and the residential portion shall not be required.
							B
701.3.3.3 An artist-in-residence
							space shall not be used for public sales purposes or for instructional classes.
							No hazardous activity such as, but not limited to, welding, open flame, or
							storage of flammable liquids shall occur in an artist-in-residence space
							without specific written approval from the authority having jurisdiction (Fire
							Official) that the hazardous activity meets the requirements of the Rhode
							Island Fire Prevention Code. BF
701.3.3.4 Number of exits: The occupant load
							of an artist-in-residence space shall be based on one occupant per 750 square
							feet. Two exits shall be required from each space. BF
701.3.3.5 Fire escapes: An existing or newly
							constructed fire escape complying with the requirements of 7.2.8 of the NFPA
							101 Life Safety Code for new construction, or as approved by the Fire Marshal
							and Building Commissioner, shall be accepted as providing one of the required
							means of egress. FB
701.3.3.6
							Sleeping room emergency exit: The emergency egress from sleeping rooms as
							required by this code may be provided from appropriately sized windows in
							accordance with 24.2.2.3 of NFPA 101 Life Safety Code for new construction in
							the artist-in-residence working space provided no locking mechanism prevents
							access to the emergency egress window. F
701.3.3.7 Smoke detectors: Permanently wired
							smoke detectors shall be installed as required by 602.6 in the residential
							portion of artist-in-residence spaces. In the working space portion of the
							artist-in-residence space, one permanently wired smoke detector shall be
							installed on the ceiling. Where the working space is subdivided into separate
							rooms, one permanently wired smoke detector shall be installed on the ceiling
							of each such subdivided working room. Where the residential portions of an
							artist-in-residence space does not have at least one direct means of egress to
							an exit without passing though the artist-in-residence working space, the
							working space shall be provided with permanently wired smoke detectors
							installed in accordance with the manufacturers installation instructions, but
							at not over 30 feet on center on the ceiling. When more than one permanently
							wired smoke detector is required in an artist-in-residence space, all smoke
							detectors shall be interconnected so that activation of any smoke detector
							sounds all the smoke detectors within the space. F
701.3.3.8 Corridors: Existing exit access
							corridor walls shall consist of fire barriers in accordance with 31.3.6 of NFPA
							101, Life Safety Code for existing construction that have not less than a
							1/2-hour fire resistance rating. Newly constructed exit access corridor walls
							shall consist of fire barriers in accordance with 30.3.6 of NFPA 101, Life
							Safety Code for new construction. F
701.3.3.9 Shaft enclosures: Where
							artist-in-residence spaces are located on a floor, all existing interior
							vertical openings connecting two or more floors shall be enclosed in accordance
							with 602.3 and shall be classified as Apartments (R-2) for purposes of its
							Exceptions. F
701.3.3.10 Light and
							ventilation: Light and ventilation requirements for habitable spaces shall
							apply to the actual habitable space provided or, if not physically separated
							from the artist's working area, to thirty-three (33%) percent of the entire
							artist-in-residence space. Light for habitable rooms may be provided by means
							of required sized windows in the artist working space, provided that windows
							face the habitable rooms and any partitions separating the working space from
							the habitable rooms contain transparent material with an area fifty (50%)
							percent greater in area than the habitable room's window area required by this
							code. B
701.3.3.11 Toilet, shower
							and bath: Artist-in-residence spaces may share a code-required toilet, shower
							or bath space, provided each artist-in-residence space has direct access to the
							toilet, shower or bath from a public corridor. B
701.3.3.12 Electrical: In the habitable
							residential portion of an artist-in-residence space electrical equipment and
							wiring shall comply with the requirements for Group R-2 specified in 504.4 and
							504.5. In an un-subdivided artist-in-residence space only five receptacle
							outlets shall be required. The habitable residential portion of an
							artist-in-residence space may be provided with a minimum 30ampere service.
							Electrical service, lighting and outlets for the workspace in an
							artist-in-residence space shall be as specified in the Electrical Code.
							B
701.3.3.13 Elevators: An elevator
							need not be provided when establishing an artist-in-residence space.
							B
701.4
							Plumbing Requirements
701.4.1 Where the
							occupancy of an existing building or part of an existing building is changed
							such that the new occupancy is subject to increased or different plumbing
							fixture requirements in accordance with the Plumbing Code, or to increased
							water supply requirements in accordance with the Plumbing Code, the intent of
							the respective Plumbing Code provisions shall be complied with. B
701.4.2 If the new occupancy is a food
							handling establishment, all existing sanitary waste lines above the food or
							drink preparation, storage, display or serving areas shall be panned or
							otherwise protected to prevent leaking pipes or condensation on pipes from
							contaminating food or drink. New drainage lines, as opposed to replacement
							lines, shall not be installed above such areas. B
701.4.3 If the new occupancy will produce
							grease or oil laden wastes, it shall be provided with interceptors as required
							in Plumbing Code. B
701.4.4 If the
							new occupancy will produce chemical wastes, approval shall be obtained from the
							Department of Environmental Management and all other authorities with
							jurisdiction over chemical waste. BO
701.5 Mechanical requirements: Where the
							occupancy of an existing building or part of an existing building is changed
							such that the new occupancy is subject to different kitchen exhaust
							requirements or to increased mechanical ventilation requirements in accordance
							with Chapter 5 and 403 respectively of the Mechanical Code, the intent of the
							respective Mechanical Code provisions, as articulated in paragraph 101.3 of the
							Mechanical Code, shall be complied with. In addition, whenever hoods, ductwork,
							or exhaust fans for kitchen exhaust systems are installed or replaced, the
							installation shall be in accordance with the Mechanical Code enforced by the
							Building Official. Jurisdiction for the suppression system for commercial
							cooking will be enforced solely by the local Fire Official in compliance with
							NFPA 96 as referenced in the State Fire Code. BF
701.6 Electrical Requirements
701.6.1 Where the occupancy of an existing
							building or part of an existing building is changed to one of the following
							special occupancies as described in Chapter 5 of the Electrical Code, the
							electrical wiring and equipment of the building or portion thereof that
							contains the proposed occupancy shall comply with all applicable requirements
							of the Electrical Code. B
1. hazardous
							(classified) locations,
2.
							commercial garages, repair and storage,
3. aircraft hangars,
4. gasoline dispensing and service
							stations,
5. Bulk storage plants,
6 spray application, dipping and coating processes,
7. places of assembly,
8. theaters, audience areas of motion picture
							and television studios and similar locations,
9. motion picture and television studios and
							similar locations,
10. motion
							picture projectors, and
11.
							agricultural buildings.
701.6.2 Where the occupancy of an existing
							building or part of an existing building is changed, all unsafe electrical
							conditions, as determined by the authority having jurisdiction, shall be
							corrected, without requiring that all parts of the electrical system be brought
							into compliance with the Electrical Code. B
701.6.3 Where the occupancy of an existing
							building or part of an existing building is changed to a residential occupancy,
							other than hotel and dormitory occupancies, or a residential board and care
							occupancy, electrical service shall be upgraded to meet the requirements of
							Article 220 of the National Electrical Code for the new occupancy. B
701.7 Part Change of Occupancy
							Classification
701.7.1 Where a portion of an
							existing building is changed to a new occupancy classification, and that
							portion is not separated from the remainder of the building with fire barrier
							walls or horizontal assemblies or both having a fire-resistance rating as
							required in Table 302.3.3 of the Building Code for the separate occupancy
							classifications or with approved compliance alternatives, the entire building
							shall comply with all the requirements of Chapter 6 applied throughout the
							building for the new occupancy classification, and with the requirements of
							this Chapter. BF
Exception: Compliance with all the provisions of Chapter 6
								is not required when the change of occupancy complies with the requirements of
								701.11.
701.7.2 Where a
							portion of an existing building is changed to a new occupancy classification,
							and that portion is separated from the remainder of the building with fire
							barrier walls or horizontal assemblies or both having a fire-resistance rating
							as required in Table 302.3.3 of the Building Code for the separate occupancy
							classifications, or with approved compliance alternatives, the portion changed
							shall comply with all the requirements of Chapter 6 for the new occupancy
							classification, and with the requirements of this Chapter. B
Exception: Compliance with all the provisions Chapter 6 is
								not required when the change of occupancy complies with the requirements of
								701.11.
701.8
							Certificate of occupancy: Every change of occupancy to one classified in a
							different occupancy classification shall require a new certificate of occupancy
							in accordance with this Code regardless of whether any renovations,
							alterations, or reconstruction work are required by this code. B
701.9 Accessibility:
701.9.1 Where the occupancy of an existing
							building or part of an existing building is changed, and where renovation,
							alteration or reconstruction work is to be carried out, the requirements of
							Chapter 10 for the new occupancy shall be complied with. B
701.9.2 Where the occupancy of an existing
							building or part of an existing building is changed, and where no work is being
							performed, compliance with the Accessibility Code is not required. B
701.10 Hazard category
							classifications: The relative degree of hazard between different occupancy
							classifications shall be as set forth in the hazard category classifications,
							702. BF
701.10.1 An existing building or
							portion thereof may have its use changed to an occupancy classification within
							the same hazard classification category or to an occupancy classification in a
							lesser hazard classification category (higher number) in all three hazard
							category classifications designated in Tables A, B, and C of this chapter
							except the highest classification, provided it complies with the provisions of
							Chapter 6 for the new occupancy classification applied throughout the building,
							or portion thereof in accordance with 701.7.2, and with 703.2 (Live Loads) and
							703.3 (Vertical Loads on Roofs), and 704.0 (Handrails and Guards)). A fire
							alarm system shall be installed in accordance with 602.6. BF
Exception: Compliance with all the provisions of Chapter 6
								is not required where the change of occupancy complies with the requirements
								701.11.
701.10.2 An
							existing building shall comply with all the applicable requirements of NFPA
							101, Life Safety Code for new construction, when a change in occupancy will
							place it in a higher hazard category. BF
701.10.3 An existing building may have its
							occupancy classification changed to a higher hazard rating (lower number) in
							all three hazard category classifications designated in Tables A, B, and C of
							Part provided it complies with this Chapter or with 3409 of the Building Code
							and 701.10.2. BF
701.11
							Change of occupancy to an equal or lesser hazard: A change of use to an
							occupancy classification within the same hazard classification category or to
							an occupancy classification in a lesser hazard classification category (higher
							number) in the three hazard category classifications addressed by Tables A, B
							and C of §
											20.7     of this Part shall be permitted in an existing building or
							portion thereof provided the provisions of this section are met. BF
701.11.1 Regardless of the occupancy
							classification involved, the following requirement shall be met: BF
1. The capacity of the means of egress shall
							comply with 602.1.3.
2. The
							interior finish of walls and ceilings shall comply with the requirements of
							602.2.2.
3. The high-rise building
							requirements of NFPA 101, Life Safety Code for existing buildings shall apply
							throughout the building.
4. The
							boiler/furnace requirements of NFPA 101, Life Safety Code for existing
							buildings shall apply throughout the building.
5. The fire alarm provisions of 602.6 for the
							new occupancy classification shall apply throughout the building.
701.11.2 Where the new use is
							classified as Group R-1, or R-2, the following requirement shall be met
							throughout the building:
Corridor doors shall comply with the requirements of
								602.1.4.2 through 602.1.4.5. F
701.11.3 No dwelling unit of a residential
							occupancy classified as Group R-1 or R-2 shall have its sole means of egress
							pass through any nonresidential occupancy in the same building. F
701.11.4 No multiple-dwelling unit of a
							residential occupancy classified as Group R-1 or R-2 shall be located above any
							nonresidential occupancy. F
Exceptions:
1.
							Where the dwelling unit of the residential occupancy and exits therefrom are
							separated from the nonresidential occupancy by construction having an
							approximate fire resistance rating of one (1) hour as approved by the authority
							having jurisdiction.
2. Where the
							nonresidential occupancy is protected throughout by an approved, supervised
							automatic sprinkler system in accordance with §9.7 of NFPA 101, Life
							Safety Code for new construction.
701.11.5 Where the new use is classified as
							an apartment building (Group R-2), the following requirements shall be met: F
1. The smoke alarm requirements of 602.6
							shall be met.
2. Buildings
							containing more than three (3) and less than eight (8) living units shall have
							a local fire alarm system as described in R.I. Gen. Laws §23-28.25-4(a),
							as amended, of the Rhode Island Fire Safety Code installed throughout the
							entire building.
3. Buildings
							containing eight (8) or more living units shall have a fire alarm system as
							described in R.I. Gen. Laws §23-28.25-4(b), as amended, of the Rhode
							Island Fire Safety Code installed throughout the entire building.
4. Buildings classified as high-rise (more
							than seventy-five feet (75') in height) shall have a fire alarm system as
							described in R.I. Gen. Laws §23-28.25-4(c), as amended, of the Rhode
							Island Fire Safety Code installed throughout the entire building.
701.11.6 When a change of use or
							occupancy occurs throughout an entire building, a fire alarm system shall be
							installed throughout the building in accordance with 602.6. F
701.11.7 When a change of use or occupancy
							occurs in a portion of a building, if that portion is not separated from the
							remainder of the building with fire barrier walls or horizontal assemblies or
							both having a fire-resistance rating as required in Table 302.3.3 of the
							Building Code for the separate occupancy classifications, a fire alarm system
							shall be installed throughout the entire building in accordance with 602.6 for
							the most hazardous occupancy classification. F
701.11.8 When a change of use or occupancy
							occurs in a portion of a building, and that portion is separated from the
							remainder of the building with fire barrier walls or horizontal assemblies or
							both having a fire-resistance rating as required in Table 302.3.3 of the
							Building Code for the separate occupancy classifications, a fire alarm system
							shall be installed in that portion of the building where the use or occupancy
							changed. The fire alarm system shall be installed in accordance with 602.6 and
							the system shall be designed to accommodate expansion to the entire building.
							F
701.11.9 When a change of
							occupancy includes a commercial kitchen, existing grease ducts, exhaust
							equipment and kitchen hoods shall be brought into compliance with all the
							requirements in 506 and 507 of the Mechanical Code and enforced by the Building
							Official. Jurisdiction for the suppression system for commercial cooking will
							be enforced solely by the local Fire Official in compliance with NFPA 96 as
							referenced in the State Fire Code. BF