Administrative Code

Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. Once the report is generated you'll then have the option to download it as a pdf, print or email the report.

Virginia Administrative Code
Title 13. Housing
Agency 5. Department of Housing and Community Development
Chapter 63. Virginia Uniform Statewide Building Code
1/26/2020

13VAC5-63-440. Chapter 14 Compliance Alternative – Change of Occupancy.

A. Change Section 1401.1 of the IEBC to read:

1401.1 Scope. The provisions of this chapter are intended to maintain or increase the current degree of public safety, health, and general welfare in existing buildings or structures, while permitting changes of occupancy without requiring full compliance with Chapter 7, except where compliance with other provisions of this code is specifically required in this chapter.

Exception: The provisions of this chapter shall not apply to buildings with occupancies in Group H or I.

B. Change Section 1401.1.1 of the IEBC to read:

1401.1.1 Complete change of occupancy. Where an entire existing building undergoes a change of occupancy, the applicable provisions of this chapter for the new occupancy shall be used to determine compliance with this code.

Exception: Plumbing, mechanical, and electrical systems in buildings undergoing a change of occupancy shall be subject to any applicable requirements of Chapter 7.

C. Change Section 1401.1.2 of the IEBC to read:

1401.1.2 Partial change of occupancy. Where a portion of the building undergoes a change of occupancy and that portion is separated from the remainder of the building with fire barrier or horizontal assemblies having a fire-resistance rating as required by Table 508.4 of the VCC or Section R317 of the International Residential Code for the separate occupancies, or with approved compliance alternatives, the portion changed shall be made to conform to the provisions of this chapter.

Where a portion of the building undergoes a change of occupancy 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 of the VCC or Section R317 of the International Residential Code for the separate occupancies, or with approved compliance alternatives, the provisions of this chapter which apply to each occupancy shall apply to the entire building. Where there are conflicting provisions, those requirements that are the most restrictive shall apply to the entire building or structure.

D. Change Section 1401.2 and delete Sections 1401.2.1 through 1401.2.5 of the IEBC.

1401.2 Accessibility requirements. All portions of the buildings proposed for change of occupancy to existing buildings or structures shall conform to the applicable accessibility provisions of Chapter 4.

E. Change Section 1401.3 of the IEBC to read:

1401.3 Acceptance. For changes of occupancy to existing buildings that are evaluated in accordance with this chapter, compliance with this chapter shall be accepted by the code official.

F. Change Section 1401.3.1 and delete Sections 1401.3.2 and 1401.3.3 of the IEBC.

1401.3.1 Compliance with flood hazard provisions. In flood hazard areas, buildings or structures that are evaluated in accordance with this chapter shall comply with Section 1612 of the VCC or Section R322 of the International Residential Code, as applicable if the work covered by this chapter constitutes substantial improvement.

G. Change Section 1401.4 of the IEBC to read:

1401.4 Investigation and evaluation. For proposed work covered by this chapter, the building owner shall cause the existing building to be investigated and evaluated in accordance with the provisions of Sections 1401.4 through 1401.9.

H. Change Section 1401.4.1 of the IEBC to read:

1401.4.1 Structural analysis. The owner shall have a structural analysis of the existing building made to determine adequacy of structural systems for the proposed alteration, addition, or change of occupancy. The analysis shall demonstrate that the building with the work completed is capable of resisting the loads specified in Chapter 16 of the VCC.

I. Change Section 1401.4.2 of the IEBC to read:

1401.4.2 Submittal. The results of the investigation and evaluation as required in Section 1401.4 along with proposed compliance alternatives shall be submitted to the code official.

J. Change Section 1401.4.3 of the IEBC to read:

1401.4.3 Determination of compliance. The code official shall determine whether the existing building with the proposed change of occupancy complies with the provisions of this section in accordance with the evaluation process in Sections 1401.5 through 1401.9.

K. Change Section 1401.5 of the IEBC to read:

1401.5 Evaluation. The evaluation shall be comprised of three categories: fire safety, means of egress, and general safety, as defined in Sections 1401.5.1 through 1401.5.3.

L. Change Section 1401.5.1 of the IEBC to read:

1401.5.1 Fire safety. Included within the fire safety category are the structural fire resistance, automatic fire detection, fire alarm, automatic sprinkler system, and fire suppression system features of the facility.

M. Change Section 1401.5.2 of the IEBC to read:

1401.5.2 Means of egress. Included within the means of egress category are the configuration, characteristics, and support features for means of egress in the facility.

N. Change Section 1401.5.3 of the IEBC to read:

1401.5.3 General safety. Included within the general safety category are the fire safety parameters and the means-of-egress parameters.

O. Change Section 1401.6 of the IEBC to read:

1401.6 Evaluation process. The evaluation process specified in this code shall be followed in its entirety to evaluate existing buildings. Table 1401.7 shall be utilized for tabulating the results of the evaluation. References to other sections of this code indicate that compliance with those sections is required in order to gain credit in the evaluation outlined in this code. In applying this section to a building with mixed occupancies, where the separation between the mixed occupancies does not qualify for any category indicated in Section 1401.6.16, the score for each occupancy shall be determined, and the lower score determined for each section of the evaluation process shall apply to the entire building.

Where the separation between the mixed occupancies qualifies for any category indicated in Section 1401.6.16, the score for each occupancy shall apply to each portion, or smoke compartment of the building based on the occupancy of the space.

P. Change Section 1401.6.1 of the IEBC to read:

1401.6.1 Building height and number of stories. The value for building height and number of stories shall be the lesser value determined by the formula in Section 1401.6.1.1. Section 504 of the International Building Code shall be used to determine the allowable height and number of stories of the building. Subtract the actual building height from the allowable height and divide by 12-1/2 feet (3810 mm). Enter the height value and its sign (positive or negative) in Table 1401.7 under Safety Parameter 1401.6.1, Building Height, for fire safety, means of egress, and general safety. The maximum score for a building shall be 10.

Q. Change Section 1401.6.2 of the IEBC to read:

1401.6.2 Building area. The value for building area shall be determined by the formula in Section 1401.6.2.2. Section 506 of the VCC and the formula in Section 1401.6.2.1 shall be used to determine the allowable area of the building. Subtract the actual building area from the allowable area and divide by 1,200 square feet (112 m2). Enter the area value and its sign (positive or negative) in Table 1401.7 under Safety Parameter 1401.6.2, Building Area, for fire safety, means of egress and general safety. In determining the area value, the maximum permitted positive value for area is 50% of the fire safety score as listed in Table 1401.8, Mandatory Safety Scores.

R. Change Section 1401.6.4 of the IEBC to read:

1401.6.4 Tenant and dwelling unit separations. Evaluate the fire-resistance rating of floors and walls separating tenants, including dwelling units, and not evaluated under Sections 1401.6.3 and 1401.6.5.

S. Change Section 1401.6.7 of the IEBC to read:

1401.6.7 HVAC systems. Evaluate the ability of the HVAC system to resist the movement of smoke and fire beyond the point of origin. Under the categories in Section 1401.6.7.1, determine the appropriate value and enter that value into Table 1401.7 under Safety Parameter 1401.6.7, HVAC Systems, for fire safety, means of egress, and general safety.

T. Change Section 1401.6.8 of the IEBC to read:

1401.6.8 Automatic fire detection. Evaluate the smoke detection capability based on the location and operation of automatic fire detectors in accordance with Section 907 of the VCC and the International Mechanical Code. Under the categories and occupancies in Table 1401.6.8, determine the appropriate value and enter that value into Table 1401.7 under Safety Parameter 1401.6.8, Automatic Fire Detection, for fire safety, means of egress, and general safety.

U. Change Section 1401.6.8.1 of the IEBC to read:

1401.6.8.1 Categories. The categories for automatic fire detection are:

1. Category a - None.

2. Category b - Existing smoke detectors in HVAC systems.

3. Category c - Smoke detectors in HVAC systems. The detectors are installed in accordance with the requirements for new buildings in the International Mechanical Code.

4. Category d - Smoke detectors throughout all floor areas other than individual sleeping units, tenant spaces, and dwelling units.

5. Category e - Smoke detectors installed throughout the floor area.

6. Category f - Smoke detectors in corridors only.

V. Change Section 1401.6.14 of the IEBC to read:

1401.6.14 Elevator control. Evaluate the passenger elevator equipment and controls that are available to the fire department to reach all occupied floors. Emergency recall and in-car operation of elevators shall be provided in accordance with the building code under which the building or the affected portion thereof was constructed or previously approved. Under the categories and occupancies in Table 1401.5.14, determine the appropriate value and enter that value into Table 1401.7 under Safety Parameter 1401.5.14, Elevator Control, for fire safety, means of egress and general safety. The values shall be zero for a single-story building.

W. Change Section 1401.6.14.1 of the IEBC to read:

1401.6.14.1 Categories. The categories for elevator controls are:

1. Category a - No elevator.

2. Category b - Any elevator without Phase I emergency recall operation and Phase II emergency in-car operation.

3. Category c - All elevators with Phase I emergency recall operation and Phase II emergency in-car operation as required by the building code under which the building or the affected portion thereof was constructed or previously approved.

4. Category d - All meet Category c or Category b where permitted to be without Phase I emergency recall operation and Phase II emergency in-car operation, and there is at least one elevator that complies with new construction requirements serves all occupied floors.

X. Change Section 1401.6.16 of the IEBC to read:

1401.6.16 Mixed occupancies. Where a building has two or more occupancies that are not in the same occupancy classification, the separation between the mixed occupancies shall be evaluated in accordance with this section. Where there is no separation between the mixed occupancies or the separation between mixed occupancies does not qualify for any of the categories indicated in Section 1401.6.16.1, the building shall be evaluated as indicated in Section 1401.6, and the value for mixed occupancies shall be zero. Under the categories and occupancies in Table 1401.6.16, determine the appropriate value and enter that value into Table 1401.7 under Safety Parameter 1401.6.16, Mixed Occupancies, for fire safety and general safety. For buildings without mixed occupancies, the value shall be zero.

Y. Change Section 1401.6.17 of the IEBC to read:

1401.6.17 Automatic sprinklers. Evaluate the ability to suppress a fire based on the installation of an automatic sprinkler system in accordance with Section 903.3.1.1 of the VCC. "Required sprinklers" shall be based on the requirements of this code. Under the categories and occupancies in Table 1401.6.17, determine the appropriate value and enter that value into Table 1401.7 under Safety Parameter 1401.6.17, Automatic Sprinklers, for fire safety, means of egress divided by two, and general safety. High-rise buildings defined in Chapter 2 of the VCC that undergo a change of occupancy to Group R shall be equipped throughout with an automatic sprinkler system in accordance with Section 403 of the VCC and Chapter 9 of the VCC.

Z. Change Section 1401.6.20 of the IEBC to read:

1401.6.20 Smoke compartmentation. Evaluate the smoke compartments for compliance with Section 407.5 of the VCC. Under the categories and occupancies in Table 1401.6.20, determine the appropriate smoke compartmentation value (SCV) and enter that value into Table 1401.7 under Safety Parameter 1401.6.20, Smoke Compartmentation, for fire safety, means of egress and general safety.

Statutory Authority

§ 36-98 of the Code of Virginia.

Historical Notes

Derived from Volume 22, Issue 03, eff. November 16, 2005; amended, Virginia Register Volume 24, Issue 14, eff. May 1, 2008; Volume 27, Issue 02, eff. March 1, 2011; Change in Effective Date, 27:5 VA.R. 534 November 8, 2010; amended, Virginia Register Volume 30, Issue 16, eff. July 14, 2014; Volume 34, Issue 18, eff. September 4, 2018; Volume 35, Issue 03, eff. November 1, 2018.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.