What's 2020 NEC code section to comply with the current code when there's a change of use?

[fandi]

Hello All,
1) It's a change of use from an intuitional care for elderly facility into residential transitional one-bedroom housing. What's NEC code section that requires the building to comply with the current codes? Or can it be grandfathered in? For example, currently no AFCI breakers installed. Are AFCI breakers required per 210.12(A)?
2) Currently some branch circuits are shared by a couple of units. Is it a violation of 2020 NEC section 210.25(A)?
3) Currently some branch circuits are shared by bathroom loads and non-bathroom loads. Is it a violation of 2020 NEC sections 210.11(C)(3) and 210.25(A)?

Thank you!

 

[don_resqcapt19]

In my opinion, when you change the occupancy, you must make the electrical installation comply with the current requirements for the new occupancy. I don't think you will find anything in the NEC that covers this issue. Might find something in the building codes.

 

[Seven-Delta-FortyOne]

It will be a Building Code, and more importantly, a local municipality issue.

I have done commercial remodels where not everything was required to be brought to current code, just what was changed or added.

It will depend a great deal on occupancy classification. A B occupancy is going to have a great deal more leeway than an A occupancy, or even worse, an I occupancy, for example.

Talk to your local building or planning dept.

 

[fandi]

In my opinion, when you change the occupancy, you must make the electrical installation comply with the current requirements for the new occupancy. I don't think you will find anything in the NEC that covers this issue. Might find something in the building codes.

Thank you. I agree with you. Unfortunately, it seems there are no needs to comply with the current NEC as everything is grandfathered in when there's a change of use.

 

[fandi]

It will be a Building Code, and more importantly, a local municipality issue.

I have done commercial remodels where not everything was required to be brought to current code, just what was changed or added.

It will depend a great deal on occupancy classification. A B occupancy is going to have a great deal more leeway than an A occupancy, or even worse, an I occupancy, for example.

Talk to your local building or planning dept.

Thank you.

 

[Dennis Alwon]

Every job you do esp. with a new permit must comply with the local code that was adopted. However, the part of the building that isn't being touched does not have to be changed.

For instance, if the service was installed using an earlier code and you are making changes to the building but not the service then the service is grandfathered in and doesn't need to meet new code requirements.

 

[fandi]

Every job you do esp. with a new permit must comply with the local code that was adopted. However, the part of the building that isn't being touched does not have to be changed.

For instance, if the service was installed using an earlier code and you are making changes to the building but not the service then the service is grandfathered in and doesn't need to meet new code requirements.

Thanks. In my questions #2 and #3 above, the branch circuits are existing and not being touched. However, with the change of use, each 'room' now becomes each one bedroom unit. So these are NEC violations because of the new use then?

 

[jaggedben]

...the part of the building that isn't being touched does not have to be changed.
...

This is, like, an unspoken rule and convention, but I doubt you'll find in written down anywhere (at least not in my state), and a change of occupancy probably makes it less likely to be followed.

A lot of AHJs have an 'Article 89' or equivalent that they append to the beginning of the code that states when permits are required and the basic procedures for obtaining them and things like that. Yours might be written by the state, or the municipality, or some combination. If there is any written down rule that constrains what an AHJ can ask for in a situation like this, that's the sort of place you'd find it (but again, I doubt you'll find such constraints written down), not in any code as published by the NFPA or the IBC.

 

[Dennis Alwon]

Thanks. In my questions #2 and #3 above, the branch circuits are existing and not being touched. However, with the change of use, each 'room' now becomes each one bedroom unit. So these are NEC violations because of the new use then?

Yes, that would be how I would interpret what you are doing.

 

[Dennis Alwon]

This is, like, an unspoken rule and convention, but I doubt you'll find in written down anywhere (at least not in my state), and a change of occupancy probably makes it less likely to be followed.

A lot of AHJs have an 'Article 89' or equivalent that they append to the beginning of the code that states when permits are required and the basic procedures for obtaining them and things like that. Yours might be written by the state, or the municipality, or some combination. If there is any written down rule that constrains what an AHJ can ask for in a situation like this, that's the sort of place you'd find it (but again, I doubt you'll find such constraints written down), not in any code as published by the NFPA or the IBC.

It is not unwritten in NC. I don't know about other states but I can't imagine they can make you change something that was compliant when it was installed.