Spaces which are incidental to the main occupancy shall be separated or protected, or both, in accordance with Table 302.1.1 or the building shall be classified as a mixed occupancy and comply with Section 302.3. Areas that are incidental to the main occupancy shall be classified in accordance with the main occupancy of the portion of the building in which the incidental use area is located.

Exception: Incidental use areas within and serving a dwelling unit are not required to comply with this section.

Unless classified as a separate occupancy, the protection for the rooms or areas identified in Table 302.1.1 must be complied with.

302.2 Accessory use areas.

A fire barrier shall be required to separate accessory use areas classified as Group H in accordance with Section 302.3.2, and incidental use areas in accordance with Section 302.1.1. Any other accessory use area shall not be required to be separated by a fire barrier provided the accessory use area occupies an area not more than 10 percent of the area of the story in which it is located and does not exceed the tabular values in Table 503 for the allowable height or area for such use.

According to the 2003 International Building Code Commentary, "Section 302.2 permits the occupancy of an accessory area to be treated as if it were the same group classification as the principal occupancy of the fire area in which it is located."

This does not apply to the incidental use areas indicated in Section 302.1.1 of the International Building Code.

In order for an occupancy to be considered an accessory use all of the following must apply:

The accessory use must be secondary to the buildings primary function and necessary for the primary occupancy to function properly.
The aggregate area of the accessory use may not exceed 10 percent of the floor on which it is located.
The accessory use area may not exceed the tabular building height and area permitted by Table 503.

Advisory issued 3/03/05

310.1 and 310.2: Residential Care Facilities With 6-16 Occupants

310.1 Residential Group R.

Residential Group R includes, among others, the use of a building or structure, or a portion thereof, for sleeping purposes when not classified as an Institutional Group I. Residential occupancies shall include the following:

R-4 Residential occupancies shall include buildings arranged for occupancy as residential care/assisted living facilities including more than five but not more than 16 occupants, excluding staff. Group R-4 occupancies shall meet the requirements for construction as defined for Group R-3 except as otherwise provided for in this code or shall comply with the International Residential Code in accordance with Section 101.2.

310.2 Definitions.

PERSONAL CARE SERVICE. The care of residents who do not require chronic or convalescent medical or nursing care. Personal care involves responsibility for the safety of the resident while inside the building.

RESIDENTIAL CARE/ASSISTED LIVING FACILITIES. A building or part thereof housing persons, on a 24-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment which provides personal care services. The occupants are capable of responding to an emergency situation without physical assistance from staff. This classification shall include, but not be limited to, the following: residential board and care facilities, assisted living facilities, halfway houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug abuse centers and convalescent facilities.

These sections allow residential care facilities (commonly called "personal care homes") with 6-16 individuals to comply with the requirements of the International Residential Code 2003.

Note, however, that the definition in 310.2 describes the occupants as "capable of responding in an emergency situation."

Further, the International Building Code 2003 at 308.3 (Group I-2) provides that care facilities with five or fewer persons of any age who are incapable of self-preservation "shall be classified as Group R-3 or shall comply with the International Residential Code."

This gives rise to the following questions:

How should a personal care facility be classified if the 6-16 persons mix is changed by the addition of just 1 person who is incapable of exiting in an emergency? Does this result in a change of use (to I-2)?

Or, is it the inclusion of a sixth "immobile" (without exceeding 16 total persons) that would result in a change in use (and much higher code requirements)?

After learning how the majority of the International Code Council staff would answer this question, the Department’s position on this is as follows:

A personal care home/residential care facility that has 6 to 16 residents will be classified in use group R-4 and will be subject to the requirements of the International Residential Code 2003 as long as:

The facility has at least 6 but no more than 16 residents; and
No more than 5 of these residents are incapable of responding to an emergency on their own.

A personal care facility with 6 or more persons that are incapable of responding to an emergency on their own will be classified in the appropriate Institutional (I) use and occupancy group.

Advisory issued: April 1, 2005

404.8 Travel distance.

In other than the lowest level of the atrium, where the required means of egress is through the atrium space, the portion of exit access travel distance within the atrium space shall not exceed 200 feet.

The International Building Code 2003 Commentary refers to the total exit access travel distance through the atrium. It is the intent of the UCC that all rooms or spaces (other than the lowest level of the atrium) that must egress through an atrium space to gain access to a building exit shall have a total travel distance not exceeding 200 feet.

This travel distance must be measured along the natural and unobstructed path of egress travel. The measurement must be taken from the most remote point within the room or space, through the atrium, to an exit. In most cases, this will form a rectangular path.

The total exit access travel distance of any occupancy classification shall never exceed the distance permitted by Table 1015.1.

Advisory issued 10-29-04

707.2 Shaft enclosure required (Exception 7)

Openings through a floor/ceiling assembly shall be protected by a shaft enclosure complying with this section.

Exception # 7:

In other than Groups I-2 and I-3, a shaft enclosure is not required for a floor opening that complies with the following:

7.1. Does not connect more than two stories.

7.2. Is not part of the required means of egress system except as permitted in Section 1019.1.

7.3. Is not concealed within the building construction.

7.4. Is not open to a corridor in Group I and R occupancies.

7.5. Is not open to a corridor on nonsprinklered floors in any occupancy.

7.6. Is separated from floor openings serving other floors by construction.

The purpose of this advisory is to address openings through floor/ceiling assemblies in Group I and R occupancies.

Exception 7.4 prohibits openings through floor/ceiling assemblies to be open to corridors in Group I and Group R. The intent is to maintain the integrity of the exit access corridor because occupants could be sleeping and the integrity of the corridor system is especially important in this situation.

Exceptions 2 and 5 of section 707.2 remove this prohibition, but only when additional requirements are met.

Therefore, the Department will require that occupants of sleeping areas in Groups I and R occupancies have access to an exit access corridor that is separated from openings through floor/ceiling assemblies (except as permitted by Exceptions 2 and 5). The access to an exit or exit discharge must not require the occupants to traverse the vertical opening.

Advisory issued 3/03/05

1014.1 Exit or exit access doorways required.

Two exits or exit access doorways from any space shall be provided where one of the following conditions exist:

The occupant load of the space exceeds the values in Table 1014.1.
The common path of egress travel exceeds the limitations of Section 1013.3.
Where required by Sections 1014.3, 1014.4, and 1014.5.

Exception: Group I-2 occupancies shall comply with Section 1013.2.2.

This section shall dictate the minimum number of paths of egress from individual rooms or spaces located within a story.

All individual rooms or spaces located within each story shall have access to the minimum number of approved independent exits as required by Table 1018.1, except as modified by Section 1018.2.

Advisory issued 10-29-04

1016.5 Corridor Continuity.

Fire-resistance-rated corridors shall be continuous from the point of entry to an exit, and shall not be interrupted by intervening rooms.

Exception: Foyers, lobbies or reception rooms constructed as required for corridors shall not be construed as intervening rooms.

Corridors are not permitted to be open to occupied rooms, with the exception of foyers, lobbies and reception rooms.

A lobby is defined by Webster’s New Collegiate Dictionary as "a corridor or hall connected with a larger room or series of rooms, and used as a passageway or waiting room." Although a waiting room is obviously an occupied space, it is the intent of the UCC to limit the use and hazards within a corridor.

Therefore, any areas that are permitted to remain open to corridors shall have very limited use and a minimal occupant load (e.g., a receptionist, a security desk, small waiting area, etc.).

Advisory issued 10-29-04

1019.1 Enclosures required.

Interior exit stairways and interior exit ramps shall be enclosed with fire barriers. Exit enclosures shall have a fire-resistance rating of not less than 2 hours where connecting four stories or more and not less than 1 hour where connecting less than four stories. The number of stories connected by the shaft enclosure shall include any basements but not any mezzanines. An exit enclosure shall not be used for any purpose other than means of egress. Enclosures shall be constructed as fire barriers in accordance with Section 706.

This section permits the fire resistance rating of exit enclosures to be reduced from 2 hours to 1 hour when the shaft enclosure connects less than four stories.

However, Section 707.4 of the International Building Code requires that shaft enclosures have a fire resistance rating not less than the floor assembly penetrated, but the rating does not have to exceed 2 hours.

Therefore, the fire resistance rating of exit enclosures may not be reduced in buildings of Type I construction or when Table 302.3.2 of the International Building Code requires a floor assembly to have a fire resistive rating of 2 hours or more.

Advisory issued 3/03/05

1019.1 Enclosures required (Exceptions 8 and 9)

Exception # 8:

In other than occupancy Groups H and I, a maximum of 50 percent of egress stairways serving one adjacent floor are not required to be enclosed, provided at least two means of egress are provided from both floors served by the unenclosed stairways. Any two such interconnected floors shall not be open to other floors.

Exception # 9:

In other than occupancy Groups H and I, interior egress stairways serving only the first and second stories of a building equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 are not required to be enclosed, provided at least two means of egress are provided from both floors served by the unenclosed stairways. Such interconnected stories shall not be open to other stories.

Exception 8 permits a maximum of 50 percent of egress stairways to be unenclosed in sprinklered and non-sprinklered buildings. After moving down one level (in multistory buildings), the required number of enclosed exits must be available. Once the enclosed exit is entered, the same level of protection must be maintained until occupants reach the exit discharge.

Exception 9 is limited to buildings sprinklered throughout by an NFPA 13 system, and it allows the second floor of any building to have unenclosed stairways serving as the required exits for that level.

Unenclosed stairways are not exits. They are a part of the exit access. When the path of exit access includes unenclosed stairways, Section 1015.1of the International Building Code requires the distance of travel on such means of egress components to be included in the total travel distance measurement. The measurement along stairways must be made on a plane parallel and tangent to the stair tread nosings in the center of the stairway.

Unenclosed stairways permitted by Exception 8 & 9 must be stairways (with or without doors) that do not provide a continuous protected path of egress to an exit or exit discharge, except as permitted by Section 1023 of the International Building Code.

Advisory issued 3/03/05

3409.3 and 3409.6 (and IEBC sections 812.5 and 506.2): Accessibility Requirements Applicable to Changes of Group or Occupancy and Alterations

3409.3 Change of occupancy.

Existing buildings, or portions thereof, that undergo a change of group or occupancy shall have all of the following accessible features:

At least one accessible building entrance.
At least one accessible route from an accessible building entrance to primary function areas.
Signage complying with Section 1110.
Accessible parking, where parking is being provided.
At least one accessible passenger loading zone, when loading zones are provided.
At least one accessible route connecting accessible parking and accessible passenger loading zones to an accessible entrance.

Where it is technically infeasible to comply with the new construction standards for any of these requirements for a change of group or occupancy, the above items shall conform to the requirements to the maximum extent technically feasible. Change of group or occupancy that incorporates any alterations or additions shall comply with this section and Sections 3409.4, 3409.5, 3409.6 and 3409.7.

3409.6 Alterations affecting an area containing a primary function.

Where an alteration affects the accessibility to, or contains an area of primary function, the route to the primary function area shall be accessible. The accessible route to the primary function area shall include toilet facilities or drinking fountains serving the area of primary function.

Exceptions:

The costs of providing the accessible route are not required to exceed 20 percent of the costs of the alterations affecting the area of primary function.
This provision does not apply to alterations limited solely to windows, hardware, operating controls, electrical outlets and signs.
This provision does not apply to alterations limited solely to mechanical systems, electrical systems, installation or alteration of fire protection systems and abatement of hazardous materials.
This provision does not apply to alterations undertaken for the primary purpose of increasing the accessibility of an existing building, facility or element.

This advisory is issued to clarify how the Department will deal with accessibility requirements as they relate to change of occupancy and various types of alterations. More particularly, it will stipulate when the "20% requirement" applies.

Here is how we will deal with different scenarios involving changes of group and occupancy and/or alterations.

IF ONLY A CHANGE OF GROUP OR OCCUPANCY WILL BE MADE (THE ONLY OTHER CHANGES TO BE MADE ARE ITEMS LIKE RE-CARPETING, PAINTING AND OTHER WORK EXEMPTED BY SECTION 403.42 OF THE UCC REGULATION):

A permit application is required to approve a change of group or occupancy. The six requirements of section 3409.3 of the International Building Code 2003 or section 812.5 of the International Existing Building Code 2003 will have to be met. The other changes, although not subject to a permit requirement, must still comply with any accessibility requirements that may pertain to the work.
IF THERE IS A CHANGE IN GROUP OR OCCUPANCY AND ALTERATIONS WILL BE MADE, BUT THE ALTERATIONS ARE LIMITED SOLELY TO WINDOWS, HARDWARE, OPERATING CONTROLS, ELECTRICAL OUTLETS AND SIGNS OR MECHANICAL SYSTEMS, ELECTRICAL SYSTEMS, INSTALLATION OR ALTERATION OF FIRE PROTECTION SYSTEMS AND ABATEMENT OF HAZARDOUS MATERIALS:

A permit application is required to approve a change of group or occupancy and the listed alterations. The six requirements of section 3409.3 of the International Building Code 2003 or section 812.5 of the International Existing Building Code 2003 have to be met. The listed alterations must still comply with any accessibility requirements that may pertain to the work. (E.g., window hardware, if windows are replaced.)
IF THERE IS A CHANGE IN GROUP OR OCCUPANCY AND ALTERATIONS THAT AFFECT AN AREA CONTAINING A PRIMARY FUNCTION WILL BE MADE:

An "area of primary function" is one that accommodates any main use or purpose of a building.

A permit application is required to approve a change of occupancy and the listed alterations. The six requirements of section 3409.3 of the International Building Code 2003 or section 812.5 of the International Existing Building Code 2003 have to be met.

If the existing building satisfies the six requirements of section 3409.3 of the International Building Code 2003 or section 812.5 of the International Existing Building Code 2003, either at the time of making application or in the course of approved construction, no further accessibility compliance is required (other than that which falls within the scope of the work).
IF ALTERATIONS THAT AFFECT AN AREA OF PRIMARY FUNCTION WILL BE MADE, BUT THE ALTERATIONS ARE LIMITED SOLELY TO WINDOWS, HARDWARE, OPERATING CONTROLS, ELECTRICAL OUTLETS AND SIGNS OR MECHANICAL SYSTEMS, ELECTRICAL SYSTEMS, INSTALLATION OR ALTERATION OF FIRE PROTECTION SYSTEMS AND ABATEMENT OF HAZARDOUS MATERIALS:

An "area of primary function" is one that accommodates any main use or purpose of a building.

No accessibility requirements will be imposed on the area of primary function. However, the listed alterations must still comply with any accessibility requirements that may pertain to the work. (E.g., window operational hardware, if windows are replaced.)
IF ALTERATIONS THAT AFFECT AN AREA OF PRIMARY FUNCTION WILL BE MADE AND THESE CHANGES AFFECT ACCESSIBILITY TO THE AREA OF PRIMARY FUNCTION, BUT NO CHANGE OF USE OR OCCUPANCY OCCURS:

An "area of primary function" is one that accommodates any main use or purpose of a building.

20% of the amount to be spent on any alterations affecting an area containing a primary function must be also be spent on one or more of the accessibility features listed in section 3409.3 of the International Building Code 2003 or section 812.5 of the International Existing Building Code 2003. Note carefully: the required expenditure is an amount in addition to and equaling at least 20% of the total cost of all the other proposed work.

When considering what elements and features to address on the accessible route, priority should be given to the six items listed in section 3409.3 of the International Building Code 2003 and section 812.5 of the International Existing Building Code 2003.

Plans submitted to the Department must show any work related to satisfying the 20% expenditure requirement.

Advisory first issued on 03/03/05. Revised and re-issued on 01/08/07.

"S" (Storage) versus "U" (Utility and Miscellaneous Use) Classification and Use

311.1 Storage Group S.

Storage Group S occupancy includes, among others, the use of a building or structure, or a portion thereof, for storage that is not classified as a hazardous occupancy.

312 Utility And Miscellaneous Group U

312.1 General.

Buildings and structures of an accessory character and miscellaneous structures not classified in any specific occupancy shall be constructed, equipped and maintained to conform to the requirements of this code commensurate with the fire and life hazard incidental to their occupancy.

The purpose of this advisory is to further define Group S and Group U occupancies and clarify certain code requirements that are imposed on these use groups.

"S" buildings described in Sections 311.2 (Moderate-hazard storage, Group S-1) and 311.3 (Low-hazard storage, Group S-2) could be occupied or unoccupied buildings.

"U" Buildings described in Section 312.1 are typically accessory to another building or structure, are primarily considered to be unoccupied buildings, and cannot include buildings that are classified in other use groups. Note, too, that the "U" group list includes, among others, sheds and other buildings used for storage purposes. A shed is defined by Webster’s New Collegiate Dictionary as "a single-storied building with one or more sides unenclosed."

Based on the foregoing, the Department will consider fully enclosed buildings (other than Group H) used for storage purposes, which are not specifically described in Section 312, in the appropriate "S" group.

Note carefully, the following, which will apply as long as the building is not a mixed occupancy type:

"S" buildings that are primarily unoccupied structures, may be exempted from various code requirements. For example, if an "S" building is unoccupied and not provided with electricity, it may be exempted from the Section 1006.1 Means of Egress Illumination and Section 1205 Lighting.
If the "S" building is not used for the storage of (commercial) goods, or is not a warehouse, storehouse or freight depot, no plumbing requirements will be required within the facility. (See International Plumbing Code Table 403.1).
Regarding rental storage facilities (to store personal goods) that are accessed solely by a door to the exterior:

The Department will classify these as "S-1s." No plumbing or electrical requirements will be imposed. At minimum, 5% of the units will need to be made accessible. As long as all of the storage units have outside doors, no special hardware requirements apply to the door, but if the door is closed by a pull-cord, the cord must be of sufficient length for a wheel-chair bound individual to reach. The parking surface outside of the accessible unit(s) must be at least 16’ x 20’ of hard, impervious surface.

Advisory first issued 6/30/05 and revised on 1/9/08.