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Where in the NEC is it stated that the NEC determines the occupancy & use of a space \ structure ?
From the `12 IRC, R101.2 - Scope:
The provisions of the International Residential Code for One- and Two-family Dwellings shall apply to
the construction, alteration, movement, enlargement, replacement, repair, equipment,use and occupancy,
location, removal and demolition of detached one- and two-family dwellings and townhouses not more
than three stories above grade plane in height with a separate means of egress and their accessory
structures.
Exceptions:
1. Live/work units complying with the requirements of Section 419 of the International Building Code
shall be permitted to be built as one- and two-family dwellings or townhouses..........Fire suppression
required by Section 419.5 of the International Building Code when constructed under the International
Residential Code for One - and Two-family Dwellings shall conform to Section P2904.
2. Owner-occupied lodging houses with five or fewer guestrooms shall be permitted to be constructed
in accordance with the International Residential Code for One- and Two-family Dwellings when equipped
with a fire sprinkler system in accordance with Section P2904."
In short, ...the IRC governs what the space \ structure is identified as, and because the IRC governs,
see also
Section R102.1- General: "Where there is a conflict between a general requirement and a
specific requirement, the specific requirement shall be applicable.........Where, in any specific case,
different sections of this code specify different materials, methods of construction or other
requirements, the most restrictive shall govern."
Also, ...see Section R102.4.2 - Provisions in referenced codes and standards:
"Where the extent of the reference to a referenced code or standard includes subject matter
that is within the scope of this code, the provisions of this code, as applicable, shall take
precedence over the provisions in the referenced code or standard."
IMO, ...the IRC governs this application, and as such, there is food preparation taking place.
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