S&B - Questions and Answers about the Wisconsin Commercial Building Code

The Safety and Buildings Division Q&A's below that are dated before March 1, 2008 are based on the code in effect before March 1, 2008.  Some material may need to be updated to reflect the March 1 code changes.

Added on May 6, 2008:  IBC 2603.4.1.5, 1508.1, 1505.1 and 1502.1  Can foam plastic insulation be used as one of the components within a roof assembly without the thermal barrier referenced in IBC section 2603.4.1.5 if the roof assembly has been tested and listed as FM Class 1, even if the testing was to FM 4470 instead of FM 4450?
Answer: Yes. The purpose of the thermal barrier is to prevent the foam plastic from becoming involved in the early stages of a fire within the building below.  The Class 1 fire classification indicates that the assembly will not self-propagate if exposed to a localized fire exposure from the underside of the deck. That determination is based on Factory Mutual’s construction materials calorimeter test, the test that is included as a part of both FM 4450 and FM 4470.  If the roof assembly fails that part of the test, the roof assembly cannot be fire classified as Class 1. (May 06, 2008)

Added on April 18, 2008:  IECC 502.4.6  Which doors are considered entrance doors that necessitate the use of a vestibule?
Answer:  The department will apply the provisions requiring the inclusion of a vestibule to a doorway, set of doors or other forms of portal that are ordinarily used to gain access or egress to the building or space by the public or employees.  This excludes doors that are not used for access and are typically only for emergency or limited use.

Examples under this exclusion include emergency exit doors and doors discharging from an exit stairway.  There may be situations where more than one entrance/exit or a building or space would be required to include a vestibule.  Examples of multiple main entrances/exits would be a shopping mall, a strip shopping mall or “big box” store.

Note, this clarification does not preempt any of the vestibule exceptions under IECC 502.4.6. (April 18, 2008)

Here are questions and answers the Safety and Buildings Division developed to help understand sections of Comm 61-65, the Commercial Buildings Code. The date of the posting of the Q&A is listed. This info supersedes any which was previously released on these topics.

The Wisconsin Commercial Building Code, itself, is the primary source of information to answer code-related questions. S&B also recognizes the International Building Code Commentary as another source of information and has provided copies of the commentary to staff.  It is recognized that some situations may not seem clear after reviewing those documents.  Because of that recognition, the division has developed these Q&A's as official responses to WCBC-related questions raised by external customers.  If you have a question that may or may not be of universal WCBC interest, you may discuss the situation with Jim Quast or Jim Smith, S&B Program Managers, Jquast@commerce.state.wi.us, 608-266-9292. Jsmith@commerce.state.wi.us, 608-266-0251.

*Very Important information concerning application of the Wisconsin Commercial Building Code to additions and remodeling.*

- How do I purchase copies of the new codes and the ICC code commentary?
- Notes on building plan submittal, code edition applicability, and approval expirations.
- Where are the codes available online?

Questions

Select the code section to view the answer, or scroll down.
Comm 61.02 What are some residential configurations that illustrate where the scope of the Uniform Dwelling Code stops and the Commercial Building Code applies instead, or vice versa? (July 2, 2002)

Comm 61.02 Which aircraft hangers are within the scope of the Uniform Dwelling Code instead of the Commercial Building Code? (November 7, 2002)

Comm 61.03(6) Is an "existing" commercial building constructed under the current WCBC subject to the automatic sprinkler and standpipe system triggers of IBC Chapter 9, when undergoing a change in use? (December 8, 2003)

Comm 61.03(6) and (7) Where an addition is proposed for a building that was constructed in compliance with the Commercial Building Code in effect prior to July 1, 2002, to what extent must the addition and the remainder of the building be evaluated for compliance with the current Commercial Building Code - chapters Comm 61 to 65? (May 7, 2003)

Comm 61.03(6) and (7), Comm 62.0500(2)(a)2: When proposing an addition that increases the height of an existing structure, must the existing previously approved fire apparatus access roads comply or be modified to be in compliance with the current requirements of Comm 62.0500(2)(a)2.?

Comm 61.03(7) What structural considerations are required for alterations? (September 3, 2002)

Comm 61.03(7) , Comm 61.03(10)(b), IBC Chapter 15, IBC Chapter 16  Must importance factors be considered for a change of use that does not otherwise include alterations? (March 21, 2005) 

Comm 61.03(10)  Question: When a space within a building that was built under a previous code is being converted to a new use that will be more hazardous than the previous use, to what extent must the overall building be evaluated?  (March 21, 2005)

Question: Where a use is changed to a use that does not create a greater hazard (based on life and fire risk) than a previous use, how does Comm 61.03(10)(b) affect the new use? (March 21, 2005)

Question: Must importance factors be considered for a change of use that does not otherwise include alterations?
Answer: Where a change of use or an alteration does not increase or redistribute a floor live load, no further structural consideration is needed. (March 21, 2005)

Comm 61.03(10) Is an "existing" commercial building constructed under the current WCBC subject to the automatic sprinkler and standpipe system triggers of IBC Chapter 9, when undergoing a change in use? (December 8, 2003)

Comm 61.30 , Comm 61.31, IBC 503.1.3 Where a group of small buildings utilizes the single building exception of IBC 503.1.3 for height and area limitation purposes, must all the buildings be considered as one for submittal or signing and sealing purposes? (October 15, 2004)

Comm 61.31 , Comm 61.30, IBC 503.1.3 Where a group of small buildings utilizes the single building exception of IBC 503.1.3 for height and area limitation purposes, must all the buildings be considered as one for submittal or signing and sealing purposes? (October 15, 2004)

Comm 62.0302(2) and IBC Table 302.1.1 Does IBC Table 302.1.1 require a furnace room for a furnace that has an input greater than 400,000 Btu per hour, or a boiler room for a boiler over 15 psi and 10 horsepower?

Comm 62.0509(2)(a)1 What is meant by an "approved route" around the exterior of a building, when measuring the maximum permitted distance from a fire lane?

Comm 62.0509(2)(a)1, 62.0509(2)(b) For plans that are submitted to the Division, what documentation is needed for the approved route from the fire lane to the most remote portion of the exterior of a building?  (July 15, 2005)

Comm 62.0509(2)(a)2 and Comm 61.03(6) and (7) When proposing an addition that increases the height of an existing structure, must the existing previously approved fire apparatus access roads comply or be modified to be in compliance with the current requirements of Comm 62.0509(2)(a)2.? (October 11, 2005, typo correction)

Comm 62.0509(2)(b)  Does the exception that is referenced in Comm 62.0509 (2) (a) 1. allow a local fire code official to modify any of the fire service requirements in Comm 62.0509(2), other than the 150-foot maximum distance from a fire lane to any exterior portion of a building?  (July 15, 2005)

Comm 62.0715(4)(b)2 and 64.0607(4)(b)2 Does the language “within the cavity of a wall”, under the exceptions of sections Comm 62.0715(4)(b)2 and 64.0607(4)(b)2 regarding ceiling dampers, preclude some or all of the exhaust duct system to be located in the cavity of a floor/ceiling assembly or roof/ceiling assembly? (May 25, 2005)

Comm 62.0903(2) Part 1: How does Comm 62.0903(2) affect the IBC height and area limits for buildings falling in the R-2 occupancy grouping? (September 3, 2002)
Part 2. Table 62.0903, which establishes thresholds for automatic fire sprinkler systems or 2-hour fire resistance separations in a multifamily dwelling, refers to the nondwelling unit portions as being "common use areas." In a building containing mixed uses or mixed occupancies in addition to R-2 dwelling units, what does or does not constitute a "common-use area?"
Part 2. Table 62.0903, which establishes thresholds for automatic fire sprinkler systems or 2-hour fire resistance separations in a multifamily dwelling, refers to the nondwelling unit portions as being "common use areas." In a building containing mixed uses or mixed occupancies in addition to R-2 dwelling units, what does or does not constitute a "common-use area?" (May 27, 2003)

Comm 62.1101(2), ICC/ANSI A117.1 section 608.2.1  When providing a shower that is not inside of a Type B dwelling unit, can the shower be larger than 36” wide by 36” deep inside finished dimension and still be considered a Transfer-Type shower compartment?  (September 28, 2006)

Comm 62.1101(4) and Comm 62.1107(7)(b)Do the operable control requirements found in Comm 62.1101(4) overrule the general exception spelled out in Comm 62.1107(7)(b) and require the controls on the upper levels of multistory units to be located at the heights required of Type B units? (July 3, 2006)

Comm 62.1103(2)(c) and 62.1109 (3): Do the employee sinks that are typically provided in medical clinic examination rooms have to be accessible?  (May 26, 2005)

Comm 62.1104(1), 62.1104(2), 62.1104(4)(b):  Regarding accessibility to people with disabilities, am I allowed to use the aggregate floor area exception specified in Comm 62.1104(4)(b)1 for a strip-type shopping center that has more than 5 mercantile spaces, but has no more than 5 spaces which are interconnected via a common pedestrian way?  (December 18, 2006)

Comm 62.1104(4) In multilevel buildings, which floor levels must be accessible to persons with disabilities? (January 21, 2004)

62.1104(4)(b), Comm 62.1104(1), 62.1104(2) :  Regarding accessibility to people with disabilities, am I allowed to use the aggregate floor area exception specified in Comm 62.1104(4)(b)1 for a strip-type shopping center that has more than 5 mercantile spaces, but has no more than 5 spaces which are interconnected via a common pedestrian way?  (December 18, 2006)

Comm 62.1107(7)(b)and Comm 62.1101(4)  Do the operable control requirements found in Comm 62.1101(4) overrule the general exception spelled out in Comm 62.1107(7)(b) and require the controls on the upper levels of multistory units to be located at the heights required of Type B units?  (July 3, 2006)

Comm 62.1109(2)(d), IBC 1003.3.1.1, and Comm 62.2900(4) Does the door into a water-closet privacy compartment have to provide a 32-inch clear width if the compartment is not required to be either wheelchair-accessible or ambulatory-accessible? (June 25, 2003)

Comm 62.1109(3) and 62.1103(2)(c): Do the employee sinks that are typically provided in medical clinic examination rooms have to be accessible?  (May 26, 2005)

Comm 62.1109(6) and (7), Comm 62.1104 What types of vertical transportation may be used to comply with accessibility requirements for an addition to a mezzanine, to satisfy Comm 62.1104? (January 21, 2004)

Comm 62.1109(7)(a) May a platform lift be located in an addition to an existing building, if the only purpose of the platform lift is to provide an accessible route to the existing building? (October 18, 2002)

Comm 62.1209, Comm 62.2902 (6), IBC 2902.1, Table 2902.1, and 2902.6  In buildings or spaces that are required to be provided toilet facilities, must the toilet rooms be available to the public when the building or space is not open for use? (October 5, 2005)

Comm 62.2900(4), Comm 62.1109(2)(d), and IBC 1003.3.1.1 Does the door into a water-closet privacy compartment have to provide a 32-inch clear width if the compartment is not required to be either wheelchair-accessible or ambulatory-accessible? (June 25, 2003)

Comm 62.2902(6), Comm 62.1209, IBC 2902.1, Table 2902.1, 2902.6  In buildings or spaces that are required to be provided toilet facilities, must the toilet rooms be available to the public when the building or space is not open for use? (October 5, 2005)

Comm 62.3408(2) What are the intended applications of Comm 62.3408(2)? (July 2, 2002)

Comm Table 64.0403 What are the exhaust requirements for enclosed car washes? What are the minimum inside temperature requirements for enclosed car washes? (November 18, 2003)

Comm 64.0607(4)(b)2 and Comm 62.0715(4)(b)2 Does the language “within the cavity of a wall”, under the exceptions of sections Comm 62.0715(4)(b)2 and 64.0607(4)(b)2 regarding ceiling dampers, preclude some or all of the exhaust duct system to be located in the cavity of a floor/ceiling assembly or roof/ceiling assembly? (May 25, 2005)

IBC Chapter 15, IBC Chapter 16, Comm 61.03 (7), Comm 61.03(10) (b), Must importance factors be considered for a change of use that does not otherwise include alterations?  (March 21, 2005)

IBC 202 Is an occupied roof a story? (September 3, 2002)

IBC 202 Are toilet rooms required for buildings or structures that are not designed to be occupied? (October 5, 2005)

IBC 302.1 For the requirements under IBC Chapters 3, 5, and 9, are conference, break, or training rooms that are exclusively for the employees in a nonassembly-occupancy building considered to be a separate, distinct A occupancy? (April 28, 2003)

IBC Table 302.1.1 and Comm 62.0302(2) Does IBC Table 302.1.1 require a furnace room for a furnace that has an input greater than 400,000 Btu per hour, or a boiler room for a boiler over 15 psi and 10 horsepower?

IBC 302.2 and 304.1   In a building housing a "fire station" designated as a Group B occupancy, when would other spaces and/or activities in the same building constitute a different occupancy? (March 19, 2003)

IBC 302.3 Can nonseparated, mixed-use requirements be applied instead of the incidental use requirements in IBC Table 302.1.1? (November 1, 2002)

IBC 302.3.3 and 503.1  Specific to the construction of a new multi-story building that is to have multiple uses, how do the separated use provisions prescribed in IBC s. 302.3.3 interact with the story above grade plane limitations of Table 503? (August 4, 2006)

IBC 304.1 and 302.2 In building housing a "fire station" designated as a Group B occupancy when would other spaces and/or activities in the same building constitute a different occupancy? (March 19, 2003)

IBC 310.3 Is the typical dorm room, or the bedroom of a communtiy-based residential facility, a dwelling unit that must be separated as specified in IBC Section 310.3? (March 24, 2003)

IBC 402 For a change of use of a tenant space within a mall, must the tenant space be separated from any other tenant spaces by a fire partition having a fire-resistive rating complying with IBC Section 708? (November 1, 2002)

IBC 412.2.1 Do the setback requirements in IBC section 412.2.1 for exterior walls of aircraft hangers apply either to an "imaginary line" between two buildings on the same property - as that line is referred to in the definition for fire separation distance in IBC 702 - or to an "assumed" property line between two buildings on the same property, as that line is referred to in IBC 704.3? (November 7, 2002)

IBC 503.1 and 302.3.3  Specific to the construction of a new multi-story building that is to have multiple uses, how do the separated use provisions prescribed in IBC s. 302.3.3 interact with the story above grade plane limitations of Table 503? (August 4, 2006)

IBC 503.1.3 , Comm 61.30, Comm 61.31: Where a group of small buildings utilizes the single building exception of IBC 503.1.3 for height and area limitation purposes, must all the buildings be considered as one for submittal or signing and sealing purposes?( October 15, 2004)

IBC 503.3 Is the area of an occupied roof counted as part of the building area, in determining the maximum building area permitted by IBC chapter 5? (July 15, 2005)

IBC 506.2.2 What are the required characteristics for a fire lane that provides access to an open space along the side of a building, in order to include that side's perimeter when calculating a building-area increase for frontage? (May 30, 2003)

IBC 506.3 Can an automatic fire sprinkler system that complies with NFPA 13R be used to obtain the building-area increase for sprinklering that is permitted by IBC chapter 5? (July 15, 2005)

IBC 705.8  Where two buildings of different lengths are separated by a fire wall, can the length of the fire wall be extended to include the exterior wall of the larger building, such that I can exceed the 25 percent limitation on the length of openings located in the portion of the wall that is common with the smaller building? (June 4, 2007).

IBC 706 Can structural elements pass through the various rated fire-resistive rated wall assemblies (i.e. fire walls, fire barriers, fire partitions, etc.) that are required for other than class of construction purposes? (March 28, 2003)

IBC 716.6.2 , International Building Code - 2003 Is there an Alternate Standard Evaluation which approves use of IBC 716.6.2 related to fire resistance rated consturction requirements? Yes, see evaluation 200406-A.

IBC 903.2 Is an "existing" commercial building constructed under the current WCBC subject to the automatic sprinkler and standpipe system triggers of IBC Chapter 9, when undergoing a change in use? (December 8, 2003)

IBC 903.2.11 To what extent are sprinkler systems required with enclosed parking garages? (July 15, 2005)

IBC 903.2.11.1 When applying the fire sprinkler threshold requirements of IBC Section 903.2.11.1, what are the commercial trucks or buses referred to there? (April 30, 2003)

IBC 905.1 Is an "existing" commercial building constructed under the current WCBC subject to the automatic sprinkler and standpipe system triggers of IBC Chapter 9, when undergoing a change in use? (December 8, 2003)

IBC 907.2, NFPA 72 s. 4.4.5  Does the requirement that fire alarm control units be protected mean that I must protect all annunciator panels if they include a reset function?  (August 4, 2006)

IBC 907.2.8  Is exception number 3 intended to allow the elimination of both the manual fire alarm and automatic fire detection systems that are required by IBC section 907.2.8? (May 16, 2006)

IBC 907.9.1.3   Does the requirement that all dwelling units be “provided with the capability to support visible notification appliances” mean that I must install the wiring and boxes for a future installation? (August 4, 2006)

IBC 907.9.2  Do the minimum sound pressures listed [7O dBA for R & I-1; 90 dBA for mechanical room; and 60 dBA for all others] in this code section supersede the requirement that calls for the sound pressures to be 15 decibels (dBA) above the average ambient sound level or 5 dBA above the maximum sound pressure level of a lengthy duration?  (June 16, 2006)

IBC 910.2.1: For determining where smoke and heat vents are required by IBC 910.2.1, does the barrier used to subdivide F-1 or S-1 occupancies into areas not over 50,000 sq. ft. have to be a fire barrier (IBC 706), fire partition (IBC 708), or smoke barrier (IBC 709)? (August 14, 2003)

IBC Table 910.3 In IBC Table 910.3, for calculating the minimum curtain board depth in a Group F-1 Occupancy, what does "H" refer to? (May 7, 2003)

IBC 1002.1 Which passageways are corridors, that consequently must meet the requirements for corridors? (September 3, 2002)

IBC 1003.2.13.1.1   Question: To determine whether an accessible floor is 4 or more stories above or below a level of exit discharge, do I start counting with the story that is at a level of exit discharge? (January 27, 2006)

IBC 1003.3.1.1, Comm 62.1109(2)(d), and Comm 62.2900(4) Does the door into a water-closet privacy compartment have to provide a 32-inch clear width if the compartment is not required to be either wheelchair-accessible or ambulatory-accessible? (June 25, 2003)

IBC 1004.2.3 Under what circumstances is egress permitted through a room that contains either a storage area or a restaurant-kitchen area? (May 27, 2003)

IBC Table 1005.2.2 Can the 50-foot maximum egress distance within an R-2 Group be measured to the start of a properly enclosed exit stairway? (September 3, 2002)

IBC 1008.8  When the code requires accessway width to be measured with the folding tablet arms down, does that mean the arm is in the use-position or the stored-position?  (June 16, 2006)

IBC 1204.1 and 1204.3 Are parking garages required to be provided with the natural or artificial light that is required of all spaces intended for human occupancy?   (September 29, 2005)

IBC 1209.2 Is gypsum board allowed as the wall surface within 2 feet of urinals and water closets? (July 2, 2002)

IBC 1621.1.1 When do sprinkler systems have to be provided with seismic bracing? (September 5, 2003)

IBC 1621.3.14  When does an elevator have to be installed in accordance with the seismic provision of IBC 1621.3.14?  (January 27, 2006)

IBC 2902.1 , Table 2902.1, 2902.6, Comm 62.1209 and Comm 62.2902 (6)  In buildings or spaces that are required to be provided toilet facilities, must the toilet rooms be available to the public when the building or space is not open for use? (October 5, 2005)

IBC 2902.2 - Exception 3 If in a commercial building that predates Comm 61 to 65 there is an alteration or use change to a space having a single toilet room, can the single toilet room still be permitted if the total occupant load it is serving exceeds 15 persons? (January 14, 2003)

IBC 2902.6  Are toilet rooms required for buildings or structures that are not designed to be occupied?  (October 5, 2005)

IBC 2902.6 , 2902.1, Table 2902.1, Comm 62.1209 and Comm 62.2902 (6)  In buildings or spaces that are required to be provided toilet facilities, must the toilet rooms be available to the public when the building or space is not open for use? (October 5, 2005)

IMC 502.13 - Is it necessary to provide a mechanical source capture system in accordance with section IMC 502.13 if the vehicle tailpipe exhausts are extended to the exterior of a building by non mechanical means? (January 24, 2005)

IMC 507.2 When is a Type I or Type II kitchen exhaust hood required for a "commercial food heat-processing appliance?" (March 13, 2003)

Answers

Comm 61.02 What are some residential configurations that illustrate where the scope of the Uniform Dwelling Code stops and the Commercial Building Code applies instead, or vice versa?
Answer:

  Comm 61.02 Which aircraft hangers are within the scope of the Uniform Dwelling Code instead of the Commercial Building Code?
Answer: An aircraft hanger which is attached to a one- or two-family dwelling and which is not used as a public building or place of employment is within the scope of the UDC. For example, the UDC requirements for a garage would apply if that hanger is used for storage of motorized aircraft.

An aircraft hanger which is detached from a one- or two-family dwelling and which is not used as a public building or place of employment is outside the scope of the CBC - and is only required to comply with the UDC's fire-separation requirements, in Comm 21.08.

However, if a hanger that is attached to a one- or two-family dwelling is used as a public building or place of employment - such as for a commercial commuter or leisure airline service, or for commercial repair or service of aircraft - the hanger is then within the scope of the CBC. (For guidance in applying the CBC and UDC to separate portions of the same building, see the preceding question and answer posted in this Web site.)

aircraft hangers that are used as public buildings or places of employment, except those which are exempt under Comm 61.02 (such as those which are on farms and which are then used exclusively for farming) are within the scope of the CBC. (November 7, 2002)

  Comm 61.03(6), IBC 903.2, IBC 905.1, Comm 61.03 (10) Is an "existing" commercial building constructed under the current WCBC subject to the automatic sprinkler and standpipe system triggers of IBC Chapter 9, when undergoing a change in use?
Answer: Yes. Where the phrase "new buildings and structures" is used in Sections 903 & 905 of Chapter 9, the associated triggers are to be applied to all buildings and additions to buildings constructed on or after the July 1, 2002 effective date of the current WCBC. (December 8, 2003)

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  Comm 61.03(6) and (7) Where an addition is proposed for a building that was constructed in compliance with the Commercial Building Code in effect prior to July 1, 2002, to what extent must the addition and the remainder of the building be evaluated for compliance with the current Commercial Building Code - Comm 61 to 65? Answer on separate page (May 12, 2003)

  Comm 61.03(6) and (7), Comm 62.0500(2)(a)2. When proposing an addition that increases the height of an existing structure, must the existing previously approved fire apparatus access roads comply or be modified to be in compliance with the current requirements of Comm 62.0500(2)(a)2.?
Answer: When the highest roof of the existing building is already more than 30 feet (9144 mm) above the lowest level of fire apparatus access and the existing access is not being altered, the existing apparatus access is deemed to be acceptable without modification. Modification of the fire apparatus access road may be necessary when the highest roof of the existing building is lower than 30 feet above the lowest level of fire apparatus access, and the addition results in a building exceeding that trigger. (June 29, 2004)

  Comm 61.03(7) What structural considerations are required for alterations?
Answer: Where an alteration increases or redistributes a floor live load, the structural requirements of the current code must be applied to that floor area and any structural members supporting that area. (September 3, 2002)

    Comm 61.03(7) , Comm 61.03(10) (b), IBC Chapter 15, IBC Chapter 16  Must importance factors be considered for a change of use that does not otherwise include alterations?
Answer: Where a change of use or an alteration does not increase or redistribute a floor live load, no further structural consideration is needed. (March 21, 2005)

  Comm 61.03(10) Question : When a space within a building that was built under a previous code is being converted to a new use that will be more hazardous than the previous use, to what extent must the overall building be evaluated?
Answer: The overall building must be evaluated only to the extent needed to determine whether the building will accommodate the new use without creating any violations of Comm 61 to 65. Depending on the individual circumstances, construction modifications and/or variances may be needed to avoid one or more violations. It is important to note that IBC sections 903.2 and 905.1 are specific in stating they apply only to new buildings or structures. Do not apply the sprinkler or standpipe provisions of IBC Sections 903 and 905 unless the building is being added to. Other provisions of the code will drive the sprinkler and standpipe requirements when changing use, including those found in IBC Chapters 4 and 10. Any other spaces within the building which were built under a previous code and which are not being converted to a more hazardous use need only comply with the code they were built under. Refer to the Q&A on Comm 61.03(6) and (7) for information on additions. (March 21, 2005)

Question : Where a use is changed to a use that does not create a greater hazard (based on life and fire risk) than a previous use, how does Comm 61.03(10)(b) affect the new use?
Answer : Comm 61.03(10)(b) provides an exception for a new use when it has been determined the new use is not more hazardous than that of the previous use. The first step in identifying the hazard relationship is to determine if there are applicable life and fire risk provisions of the new use that are more restrictive than those same provisions of the existing use. To do that, you must consider each subject separately as there is no single hazard ranking that can provide a code wide exemption. For each subject, review how this code would address the specific provisions of the two uses if they were both proposed for a new building. As an example, regarding the subject of egress use the specific provisions surrounding exit distance. This is not because that is the only egress provision to cover, but because it is one of the subjects that is occupancy sensitive. If Table 1004.2.4 in the current code would require a shorter exit distance for the new use than the same table would require of the existing use, to allow that use in the building without modifying the egress to meet the necessary exist distance would make the condition more hazardous. Accordingly, that type of change in use is not exempted from complying with the egress requirements by the use of this paragraph even if other subjects are less restrictive.

When an analysis of the applicable subjects leads to the determination that the new use is not more hazardous, the new use is subject only to the requirements in Comm 61.03(12) for existing buildings. Except where specifically stated otherwise in Comm 61 to 65, Comm 61.03(12) requires existing buildings to only remain in compliance with the building code requirements that applied when the building, structure, element, system, or component was constructed, and to conform with Comm 14 wherever applicable. Refer to Comm 75 to 79 for maintenance of buildings constructed prior to October 9, 1914. (March 21, 2005)

Question: Must importance factors be considered for a change of use that does not otherwise include alterations?  [Comm 61.03 (7), Comm 61.03(10) (b), IBC Chapter 15, IBC Chapter 16]
Answer: Where a change of use or an alteration does not increase or redistribute a floor live load, no further structural consideration is needed. (March 21, 2005)

  Comm 61.03(10), Comm 61.03(6), IBC 903.2, IBC 905.1 Is an "existing" commercial building constructed under the current WCBC subject to the automatic sprinkler and standpipe system triggers of IBC Chapter 9, when undergoing a change in use?
Answer: Yes. Where the phrase "new buildings and structures" is used in Sections 903 & 905 of Chapter 9, the associated triggers are to be applied to all buildings and additions to buildings constructed on or after the July 1, 2002 effective date of the current WCBC. (December 8, 2003)

  Comm 61.30 , Comm 61.31, IBC 503.1.3 Where a group of small buildings utilizes the single building exception of IBC 503.1.3 for height and area limitation purposes, must all the buildings be considered as one for submittal or signing and sealing purposes?
Answer: No. The buildings remain separate buildings for the submittal and the signing and sealing requirements in Chapter Comm 61. The provision under IBC 503.1.3 allows those multiple buildings to be designed and constructed as if one building for those subjects that affect the height and area restrictions of the code. (October 15, 2004)

    Comm 61.31 , Comm 61.30, IBC 503.1.3 Where a group of small buildings utilizes the single building exception of IBC 503.1.3 for height and area limitation purposes, must all the buildings be considered as one for submittal or signing and sealing purposes?
Answer: No. The buildings remain separate buildings for the submittal and the signing and sealing requirements in Chapter Comm 61. The provision under IBC 503.1.3 allows those multiple buildings to be designed and constructed as if one building for those subjects that affect the height and area restrictions of the code. (October 15, 2004)

  Comm 62.0302(2) and IBC Table 302.1.1 Does IBC Table 302.1.1 require a furnace room for a furnace that has an input greater than 400,000 Btu per hour, or a boiler room for a boiler over 15 psi and 10 horsepower?
Answer: IBC Table 302.1.1 does not require a furnace room for a furnace of this capacity, but if a furnace room is provided for such a furnace, the room must either have a fire-separation rating of 1 hour or be protected by an automatic fire-extinguishing system. The same relationship exists for boiler rooms and boilers. If a boiler room is provided for boilers over 15 psi and 10 horsepower the room must either have a fire-separation rating of 1 hour or be protected by an automatic fire-extinguishing system. However, a manufacturer's listing for a specific furnace or boiler may include additional enclosure requirements.
See IMC section 202 for definitions of furnace room and boiler room. (June 13, 2005)

  Comm 62.0509(2)(a)1 What is meant by an "approved route" around the exterior of a building, when measuring the maximum permitted distance from a fire lane? 
Answer: Any route that is approved by or acceptable to a local fire code official is acceptable to the department. (July 15, 2005)

  Comm 62.0509(2)(a)1, 62.0509(2)(b) For plans that are submitted to the division, what documentation is needed for the approved route from the fire lane to the most remote portion of the exterior of a building?
Answer: Documentation of the local approval or acceptance of the route is not required, except that if a local fire code official has accepted increasing the route's length beyond 150 feet. Documentation of that increase's acceptance must be included with the plans submitted to the division.(July 15, 2005)

  Comm 62.0509(2)(a)2 and Comm 61.03 (6) and (7). When proposing an addition that increases the height of an existing structure, must the existing previously approved fire apparatus access roads comply or be modified to be in compliance with the current requirements of Comm 62.0509(2)(a)2.?
Answer: When the highest roof of the existing building is already more than 30 feet (9144 mm) above the lowest level of fire apparatus access and the existing access is not being altered, the existing apparatus access is deemed to be acceptable without modification. Modification of the fire apparatus access road may be necessary when the highest roof of the existing building is lower than 30 feet above the lowest level of fire apparatus access, and the addition results in a building exceeding that trigger. (October 11, 2005, typo correction)

  Comm 62.0509(2)(b)   Does the exception that is referenced in Comm 62.0509(2)(a)1 allow a local fire code official to modify any of the fire service requirements in Comm 62.0509(2), other than the 150-foot maximum distance from a fire lane to any exterior portion of a building?
Answer: No. (July 15, 2005)

  Comm 62.0715(4)(b)2 and 64.0607(4)(b)2 Does the language “within the cavity of a wall”, under the exceptions of sections Comm 62.0715(4)(b)2 and 64.0607(4)(b)2 regarding ceiling dampers, preclude some or all of the exhaust duct system to be located in the cavity of a floor/ceiling assembly or roof/ceiling assembly?

Answer: No. The exceptions under ss. Comm 62.0715(4)(b)2 and 64.0607(4)(b)2 indicate that:  " Ceiling radiation dampers are not required where the following apply: Exhaust duct penetrations are protected in accordance with IBC section 711.4.2 and the exhaust ducts are located within the cavity of a wall, and do not pass through another dwelling unit or tenant space."
In this context, the exhaust system and some or all of the associated ductwork are located in the ceiling cavity. The reference to a “wall cavity” emphasizes the condition that the duct system for the exhaust system may not pass through the space of another dwelling or tenant. Ductwork within the cavities of horizontal and vertical assemblies separating dwelling units or tenant spaces are not considered to be “passing through” the space of another dwelling or tenant.  (May 25, 2005)

  Comm 62.903(2) Part 1: How does Comm 62.0903(2) affect the IBC height and area limits for buildings falling in the R-2 occupancy grouping?
Answer: Comm 62.0903(2) will only apply to those buildings that fit the statutory definition of a multifamily dwelling. The Wisconsin modification does not override the height and area parameters in IBC chapter 5 any differently than IBC 903.2.8 affects chapter 5. In other words, the most restrictive of the requirements in IBC chapter 5 and Comm 62.0903(2) apply, just as with any other occupancy included within IBC section 903. (September 3, 2002)

Part 2. Table 62.0903, which establishes thresholds for automatic fire sprinkler systems or 2-hour fire resistance separations in a multifamily dwelling, refers to the nondwelling unit portions as being "common use areas." In a building containing mixed uses or mixed occupancies in addition to R-2 dwelling units, what does or does not constitute a "common-use area?"
Answer: This reference to "common use areas" comes from section 101.14 (4m) (a) 4., Stats., which reads as follows: "'Nondwelling unit portions' means the common use areas of a multifamily dwelling, including corridors, stairways, basements, cellars, vestibules, atriums, community rooms, laundry rooms or swimming pool rooms." These areas are intended and available for use only by the residents and their guests.

In a building containing these areas and multifamily dwelling units, in combination with other occupancies that are available to the general public or employees, such as mercantile or retail establishments and any associated accessory-use areas, the areas of those other occupancies are not counted as part of the "common use area," in determining whether the fire protection thresholds in Table 62.0903 are exceeded. However, those other occupancies are subject to any applicable fire protection thresholds elsewhere in IBC Chapter 9 or in IBC Chapter 4. (May 27, 2003)

  Comm 62.1101(2), ICC/ANSI A117.1 section 608.2.1   When providing a shower that is not inside of a Type B dwelling unit, can the shower be larger than 36” wide by 36” deep inside finished dimension and still be considered a Transfer-Type shower compartment?
Answer: A shower that is not located within a Type B dwelling unit is subject to more stringent criteria than a shower within a dwelling unit because of the intended flexibility of the fair housing laws.  Accordingly, to be recognized as a Transfer-Type shower compartment, the shower must meet all of the provisions specified in section 608.2.1 of the ICC/ANSI standard.  The compact size specified provides a configuration that when coupled with all the other requirements associated with such things as grab bars, seat and shower controls, is routinely recognized and accepted as being usable.  A larger compartment can be recognized as a Transfer-type provided the controls, grab bars and seat are situated and configured such that it provides the same characteristics as would exist in the specified shower compartment.  Important characteristics are the seat back and seat location that must be situated to provide support for the person that has transferred to the seat while also meeting the reach provisions associated with the grab bars and shower controls.  Due to the complexity associated with such designs, when a larger shower compartment is being proposed as a Transfer-Type shower compartment, the design must be approved by the code official and documented as such.  If not approved as a Transfer-Type shower compartment, the larger compartment is considered a Roll-In-Type shower compartment and subject to the requirements of ICC/ANSI A117.1 section 608.2.2 or section 608.2.3.  (September 28, 2006)

  Comm 62.1101(4) and Comm 62.1107(7)(b)  Do the operable control requirements found in Comm 62.1101(4) overrule the general exception spelled out in Comm 62.1107(7)(b) and require the controls on the upper levels of multistory units to be located at the heights required of Type B units?
Answer: No.  The two provisions actually work together.  The Wisconsin provision in Comm 62.1101(4) that requires the circuit controls to follow Sections 309.2 & 309.3 of the ICC/ANSI A117.1 standard is not in conflict with the general exception for "multistory units" found in Comm 62.1107(7)(b).That exception effectively excuses the multistory units, typically townhouses, from all the "Type B" requirements.  
In summary, because the multistory exception in Comm 62.1107 waives all "Type B" requirements, the operable control requirements of Comm 62.1101(4) are not applicable.  (July 03, 2006)

  Comm 62.1103(2)(c) and 62.1109(3) : Do the employee sinks that are typically provided in medical clinic examination rooms have to be accessible?

Answer: No. Even though all of the exam rooms must be accessible, the sinks in those rooms are considered employee workstations covered by the general exception found under Comm 62.1103 (2) (c).  (May 26, 2005)

  Comm 62.1104(1), 62.1104(2), 62.1104(4)(b) :  Regarding accessibility to people with disabilities, am I allowed to use the aggregate floor area exception specified in Comm 62.1104(4)(b)1 for a strip-type shopping center that has more than 5 mercantile spaces, but has no more than 5 spaces which are interconnected via a common pedestrian way?
Answer: The basic premise of accessibility is that facilities in and of themselves are not to provide a point of discrimination.  In essence, what is available to the able-bodied is to be available to people with disabilities.  Based on that premise, it is acceptable to allow the use of the exception in limited instances.  There is an expectation that there is a geographical feature that does not lend itself to an interconnected common pedestrian way.

The best example would be a rectangular 2-story building that has 5 tenant spaces within each story.  The building is situated such that the long side of the building is constructed perpendicular to the slope on a steeply sloped site.  There is no circulation path between stories.  A vehicular way (public road or parking lot) fronts each story, but the 5 tenant spaces on each story are served by a separate pedestrian way.  In a condition such as that, the building itself creates no barrier to people with disabilities that does not also exist for the able-bodied, hence satisfying the intent of the exception.  In that example, it would also be appropriate for mezzanines on the lower story to be aggregated separately from those on the upper story in satisfaction of the exception.  (December 18, 2006)

  Comm 62.1104(4) In multilevel buildings, which floor levels must be accessible to persons with disabilities?
Answer: An accessible route is required to floor levels within all stories and mezzanines unless meeting an exception in Comm 62.1104(4)(b) or elsewhere in Comm 62.1100 to 62.1110. Raised or depressed areas of a story must be provided with an accessible route. (January 21, 2004)

  62.1104(4)(b), Comm 62.1104(1), 62.1104(2) :   Regarding accessibility to people with disabilities, am I allowed to use the aggregate floor area exception specified in Comm 62.1104(4)(b)1 for a strip-type shopping center that has more than 5 mercantile spaces, but has no more than 5 spaces which are interconnected via a common pedestrian way?
Answer: The basic premise of accessibility is that facilities in and of themselves are not to provide a point of discrimination.  In essence, what is available to the able bodied is to be available to the disabled.  Based on that premise it is acceptable to allow the use of the exception in limited instances.  To do so there is an expectation that there is a geographical feature that does not lend itself to an interconnected common pedestrian way.

The best example would be a rectangular 2-story building that has 5 tenant spaces within each story.  The building is situated such that the long side of the building is constructed perpendicular to the slope on a steeply sloped site.  There is no circulation path between stories.  A vehicular way (public road or parking lot) fronts each story, but the 5 tenant spaces on each story are served by a separate pedestrian way.  In a condition such as that, the building itself creates no barrier to the disabled that does not also exist for the able bodied, hence satisfying the intent of the exception.  In that example it would also be appropriate for mezzanines on the lower story to be aggregated separately from those on the upper story in satisfaction of the exception. (December 18, 2006)

  Comm 62.1107(7)(b) and Comm 62.1101(4)   Do the operable control requirements found in Comm 62.1101(4) overrule the general exception spelled out in Comm 62.1107(7)(b) and require the controls on the upper levels of multistory units to be located at the heights required of Type B units?
Answer: No.  The two provisions actually work together.  The Wisconsin provision in Comm 62.1101(4) that requires the circuit controls to follow Sections 309.2 & 309.3 of the ICC/ANSI A117.1 standard is not in conflict with the general exception for "multistory units" found in Comm 62.1107(7)(b).<  That exception effectively excuses the multistory units, typically townhouses, from all the "Type B" requirements.  
In summary, because the multistory exception in Comm 62.1107 waives all "Type B" requirements, the operable control requirements of Comm 62.1101(4) are not applicable.  (July 03, 2006)

  Comm 62.1109(2)(d), IBC 1003.3.1.1, and Comm 62.2900(4) Does the door into a water-closet privacy compartment have to provide a 32-inch clear width if the compartment is not required to be either wheelchair-accessible or ambulatory-accessible?
Answer: No. There is no codified minimum width for the door into a water-closet compartment unless the compartment is required to be either wheelchair-accessible or ambulatory-accessible. (June 25, 2003)

  Comm 62.1109(3) and 62.1103(2)(c) : Do the employee sinks that are typically provided in medical clinic examination rooms have to be accessible?

Answer: No. Even though all of the exam rooms must be accessible, the sinks in those rooms are considered employee workstations covered by the general exception found under Comm 62.1103 (2) (c). (May 26, 2005)

  Comm 62.1109(6) and (7), Comm 62.1104 What types of vertical transportation may be used to comply with accessibility requirements for an addition to a mezzanine, to satisfy Comm 62.1104?
Answer: Vertical transportation can be provided by means of a lift, if the lift is connected to either an existing mezzanine or to an existing portion of a mezzanine that is being expanded. An elevator is required if the vertical transportation is connected to new construction unless one of the limited conditions permitting the use of platform lifts has been met. (January 21, 2004)

  Comm 62.1109(7)(a) May a platform lift be located in an addition to an existing building, if the only purpose of the platform lift is to provide an accessible route to the existing building?
Answer: Yes. If the purpose of the platform lift is to provide an accessible route only to the existing building or a portion of an existing building, a platform lift in accordance with Comm 62.3408 (5) may be installed in the new addition. The accessible route to serve all areas in the new addition, however, must comply with Comm 62.1109 (7). (October 18, 2002)

  Comm 62.1209, 62.2902(6), IBC 2902.1, Table 2902.1, and 2902.6   In buildings or spaces that are required to be provided toilet facilities, must the toilet rooms be available to the public when the building or space is not open for use? (October 5, 2005)
Answer:  No.  Most buildings and spaces provide their services during their business hours or hours of operation and there is no requirement that the toilet rooms remain available to the public when the business is closed for the day.  Not so obvious are those buildings or structures that provide some walk-in or drive-in services that are available 24/7 even though the rest of the building or space, including the toilets within, is closed to the public. The best example of this would be the service stations that include a convenience store that has toilet rooms that are open during the normal operating hours of the convenience store, but not at all times the gas pumps are available for use. (October 5, 2005)

  Comm 62.2900(4), Comm 62.1109(2)(d), and IBC 1003.3.1.1 Does the door into a water-closet privacy compartment have to provide a 32-inch clear width if the compartment is not required to be either wheelchair-accessible or ambulatory-accessible?
Answer: No. There is no codified minimum width for the door into a water-closet compartment unless the compartment is required to be either wheelchair-accessible or ambulatory-accessible. (June 25, 2003)

  Comm 62.2902 (6), 62.1209,  IBC 2902.1, Table 2902.1, and 2902.6   In buildings or spaces that are required to be provided toilet facilities, must the toilet rooms be available to the public when the building or space is not open for use? (October 5, 2005)
Answer:  No.  Most buildings and spaces provide their services during their business hours or hours of operation and there is no requirement that the toilet rooms remain available to the public when the business is closed for the day.  Not so obvious are those buildings or structures that provide some walk-in or drive-in services that are available 24/7 even though the rest of the building or space, including the toilets within, is closed to the public. The best example of this would be the service stations that include a convenience store that has toilet rooms that are open during the normal operating hours of the convenience store, but not at all times the gas pumps are available for use. (October 5, 2005)

  Comm 62.3408(2) What are the intended applications of section Comm 62.3408(2)?
Answer: Comm 62.3408(2) applies to any change of group or occupancy - but only for a primary function area therein. In contrast to the general requirements in Comm 61.03(10), Comm 62.3408(2) applies even if the change is to a less-hazardous group or occupancy.

The intent of Comm 62.3408(2)(a) 2. is to require "at least one accessible route from an accessible building entrance to [only the] primary function areas [that are undergoing a change of group or occupancy]." And, where the primary function area of the new group or occupancy is distributed to more than one floor level - such as restaurant seating that is being created on more than one floor level - the accessible route is required to extend to only one of those levels.

Under Comm 62.3408(2)(b), where the change of use or occupancy is accompanied with alterations that are in addition to any modifications needed to comply with 62.3408(2)(a), those alterations must comply with IBC 3408.4 to 3408.7 - which may include, for example, providing toilet facilities or drinking fountains that are required by IBC section 3408.6.

Any modifications which are needed to comply with Comm 62.3408(2)(a) but which are technically infeasible are exempted under Comm 62.3408(2)(b). And, the cost of providing an accessible route for any alteration addressed by IBC 3408.6 is not required to exceed 20 percent of the costs of the alterations affecting the area of primary function. (July 2, 2002)

  Comm Table 64.0403 What are the exhaust requirements for enclosed car washes? What are the minimum inside temperature requirements for enclosed car washes?
Answer: Table 64.0403 does not delineate a specific entry for car wash and the answer varies depending upon the type of car wash involved. There appear to be four prevalent types of car washes operating within enclosed spaces: self-serve fully-automated; single-bay self-serve non-automated; full-service where people provide all of the "washing" service; and a combined automated/non-automated service where the "washing/cleaning/drying" activities are provided by a combination of automation and people.

For a self-serve fully automated operation and the single-bay self-serve non-automated wash, no mechanical exhaust system is necessary. The vehicle entrance and/or exit door providing natural ventilation is sufficient to fulfill the ventilation requirements for the space.

For the other types of enclosed operations, the space must be mechanically exhausted at a minimum rate of 0.5 cfm per square foot of floor area. For those combined service operations where a conveyor system is employed for the automated activities, the exhaust rate may be based upon just the floor area between the termination of the conveyor system and the vehicle exit door.

What are the minimum inside temperature requirements for enclosed car washes?
Answer: No minimum temperature is required to be maintained for a self-serve fully automated operation. For the other types of enclosed operations, a heating system or systems must be provided and operated so as to maintain a minimum temperature of 60 ^oF at a height 3 feet above the floor within the occupied spaces during occupied periods. (November 18, 2003)

  Comm 64.0607(4)(b)2 and 62.0715(4)(b)2 Does the language “within the cavity of a wall”, under the exceptions of sections Comm 62.0715(4)(b)2 and 64.0607(4)(b)2 regarding ceiling dampers, preclude some or all of the exhaust duct system to be located in the cavity of a floor/ceiling assembly or roof/ceiling assembly?

Answer: No. The exceptions under ss. Comm 62.0715(4)(b)2 and 64.0607(4)(b)2 indicate that:  " Ceiling radiation dampers are not required where the following apply: Exhaust duct penetrations are protected in accordance with IBC section 711.4.2 and the exhaust ducts are located within the cavity of a wall, and do not pass through another dwelling unit or tenant space."
In this context, the exhaust system and some or all of the associated ductwork are located in the ceiling cavity. The reference to a “wall cavity” emphasizes the condition that the duct system for the exhaust system may not pass through the space of another dwelling or tenant. Ductwork within the cavities of horizontal and vertical assemblies separating dwelling units or tenant spaces are not considered to be “passing through” the space of another dwelling or tenant.  (May 25, 2005)

   IBC Chapter 15, IBC Chapter 16 , Comm 61.03 (7), Comm 61.03(10) (b)  Must importance factors be considered for a change of use that does not otherwise include alterations?
Answer: Where a change of use or an alteration does not increase or redistribute a floor live load, no further structural consideration is needed. (March 21, 2005)

  IBC 202 Is an occupied roof a story?
Answer: No, because a roof is not included in the definition of story in IBC 202. (September 3, 2002)

  IBC 202  Are toilet rooms required for buildings or structures that are not designed to be occupied?
Answer: No. Many buildings and structures are not designed as an “occupiable space” and accordingly need not include toilet rooms within them or adjacent to them. Included are buildings like mini-storage buildings or parking garages.  Some additional examples include those buildings or structures that provide a drive-in service like self-serve car washes or a walk-in service like ATM kiosks. (October 5, 2005)

  IBC 302.1 For the requirements under IBC Chapters 3, 5, and 9, are conference, break, or training rooms that are exclusively for the employees in a nonassembly-occupancy building considered to be a separate, distinct A occupancy?
Answer: No. In addition to the allowance for accessory-use areas under IBC Section 302.2, for the purposes of IBC Chapters 3, 5, and 9, these rooms are considered to be accessory-use areas for the occupancy they serve. (April 28, 2003)

  IBC Table 302.1.1 and Comm 62.0302(2 ) Does IBC Table 302.1.1 require a furnace room for a furnace that has an input greater than 400,000 Btu per hour, or a boiler room for a boiler over 15 psi and 10 horsepower?
Answer: IBC Table 302.1.1 does not require a furnace room for a furnace of this capacity, but if a furnace room is provided for such a furnace, the room must either have a fire-separation rating of 1 hour or be protected by an automatic fire-extinguishing system. The same relationship exists for boiler rooms and boilers. If a boiler room is provided for boilers over 15 psi and 10 horsepower the room must either have a fire-separation rating of 1 hour or be protected by an automatic fire-extinguishing system. However, a manufacturer's listing for a specific furnace or boiler may include additional enclosure requirements.
See IMC section 202 for definitions of furnace room and boiler room. (June 13, 2005)

  IBC 302.2 and 304.1 In a building housing a "fire station" designated as a Group B occupancy, when would other spaces and/or activities in the same building constitute a different occupancy?
Answer: A fire station's Group B occupancy designation will extend to all uses and spaces ancillary to the primary function of the fire station. Uses and spaces ancillary to a fire station and dedicated for use by the fire department staff include, but are not limited to, the apparatus bay (where the fire fighting or emergency response vehicles are stored), sleeping quarters or rooms, kitchen and eating/dining rooms, and meeting/training rooms.

Space or spaces within that same building that are to be used outside the function or operation of the fire station could constitute a different group occupancy or occupancies. The group occupancy classification of those spaces will be determined on the basis of the activity or activities occurring within them. Examples of activities or spaces that constitute a different occupancy include a community room to be used for municipal meetings or voting, or a municipal hearing room for court proceedings. Where such mixed use buildings occur, the occupancies are to be addressed as either separated or non-separated in accordance with s. IBC 302.3. (March 19, 2003)

  IBC 302.3 Can nonseparated, mixed-use requirements be applied instead of the incidental use requirements in IBC Table 302.1.1?
Answer: Yes. As is explained under IBC 302.1.1 in the IBC Commentary, "Even though incidental use areas are not considered to be mixed use conditions, such locations may be classified separately as to their occupancy and the building designed in accordance with IBC 302.3, i.e., mixed occupancies. In such cases, the presence of the higher relative fire hazard is accounted for by protection features that result from considering such areas as one of the building's group classifications. The application of IBC 302.3 will result in certain building features being governed by code requirements that are commensurate with the higher relative fire hazard of these areas." (November 1, 2002)

  IBC Sections 302.3.3 and 503.1   Specific to the construction of a new multi-story building that is to have multiple uses, how do the separated use provisions prescribed in IBC s. 302.3.3 interact with the story above grade plane limitations of Table 503?
Answer: This is an instance where the intent of the code is to allow the limitation for the building to be based on what might be viewed as a less restrictive provision for the various uses located within the building.  The uses that have a more restrictive limit are in compliance by being restricted to the fire area that corresponds to the story above grade plane in the building that matches up with the limitation in Table 503.  For example an un-sprinkled building of Type VB construction that is of a 2-story above grade plane configuration and 9000 SF per floor can be designed to include mixed uses of Mercantile (M) and Business (B) within.  To comply, a horizontal fire barrier of 2HR fire-resistance rating must be provided between the first and second stories above grade plane and the M uses must be limited to locations on thefirst story above grade plane, or below, as specified in Table 503.1.  The same methodology can be used for other mixes of use and classes of construction.  (August 4, 2006)

  IBC 304.1 and 302.2 In a building housing a "fire station" designated as a Group B occupancy, when would other spaces and/or activities in the same building constitute a different occupancy?
Answer: A fire station's Group B occupancy designation will extend to all uses and spaces ancillary to the primary function of the fire station. Uses and spaces ancillary to a fire station and dedicated for use by the fire department staff include, but are not limited to, the apparatus bay (where the fire fighting or emergency response vehicles are stored), sleeping quarters or rooms, kitchen and eating/dining rooms, and meeting/training rooms.

Space or spaces within that same building that are to be used outside the function or operation of the fire station could constitute a different group occupancy or occupancies. The group occupancy classification of those spaces will be determined on the basis of the activity or activities occurring within them. Examples of activities or spaces that constitute a different occupancy include a community room to be used for municipal meetings or voting, or a municipal hearing room for court proceedings. Where such mixed use buildings occur, the occupancies are to be addressed as either separated or non-separated in accordance with s. IBC 302.3. (March 19, 2003)

  IBC 310.3 Is the typical dorm room, or the bedroom of a community-based fesidential facility, a dwelling unit that must be separated as specified in IBC Section 310.3?
Answer: No. When not meeting the definition of dwelling unit found in IBC 310.2, those rooms are only sleeping rooms within an R-2, R-3, or R-4 use. The referenced definition states that a dwelling unit is "A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation." (March 24, 2003)

  IBC 402 For a change of use of a tenant space within a mall, must the tenant space be separated from any other tenant spaces by a fire partition having a fire-resistive rating complying with IBC 708?
Answer: The requirement for separation of tenant spaces by fire partitions complying with IBC 708 applies only if the mall is a "covered mall building" complying with IBC 402. Consequently, if the mall, or if a portion of the mall that is separated by fire walls into a "separate building," complies with IBC 402 and the designer chooses to use the covered mall option, fire partitions are required.

Otherwise, separation between tenant spaces may or may not be required, based on nonseparated-use or separated-use options that may be selected, and the corresponding code requirements. (November 1, 2002)

  IBC 412.2.1 Do the setback requirements in IBC 412.2.1 for exterior walls of aircraft hangers apply either to an "imaginary line" between two buildings on the same property - as that line is referred to in the definition for fire separation distance in IBC 702 - or to an "assumed" property line between two buildings on the same property, as that line is referred to in IBC 704.3?
Answer: No. (November 7, 2002)

  IBC 503.1 and 302.3.3  Specific to the construction of a new multi-story building that is to have multiple uses, how do the separated use provisions prescribed in IBC s. 302.3.3 interact with the story above grade plane limitations of Table 503?
Answer: This is an instance where the intent of the code is to allow the limitation for the building to be based on what might be viewed as a less restrictive provision for the various uses located within the building.  The uses that have a more restrictive limit are in compliance by being restricted to the fire area that corresponds to the story above grade plane in the building that matches up with the limitation in Table 503.  For example an un-sprinkled building of Type VB construction that is of a 2-story above grade plane configuration and 9000 SF per floor can be designed to include mixed uses of Mercantile (M) and Business (B) within.  To comply, a horizontal fire barrier of 2HR fire-resistance rating must be provided between the first and second stories above grade plane and the M uses must be limited to locations on thefirst story above grade plane, or below, as specified in Table 503.1.  The same methodology can be used for other mixes of use and classes of construction.  (August 4, 2006)

  IBC 503.1.3 , Comm 61.30, Comm 61.31: Where a group of small buildings utilizes the single building exception of IBC 503.1.3 for height and area limitation purposes, must all the buildings be considered as one for submittal or signing and sealing purposes?
Answer: No. The buildings remain separate buildings for the submittal and the signing and sealing requirements in Chapter Comm 61. The provision under IBC 503.1.3 allows those multiple buildings to be designed and constructed as if one building for those subjects that affect the height and area restrictions of the code. (October 15, 2004)

  IBC 503.3 Is the area of an occupied roof counted as part of the building area, in determining the maximum building area permitted by IBC chapter 5?
Answer: No, because the area calculations in IBC chapter 5 only include areas within stories, and a roof is not a story. However, the number of occupants for a roof must be included in establishing compliance with the means-of-egress requirements for the building - and an occupied roof may trigger a requirement to provide fire sprinklers for the building, under IBC chapter 9. (July 15, 2005)

  IBC 506.2.2 What are the required characteristics for a fire lane that provides access to an open space along the side of a building, in order to include that side's perimeter when calculating a building-area increase for frontage?
Answer: IBC Section 506.2.2 simply states that the open space "must be accessed from a street or approved fire lane." By definition in section Comm 62.0202 (2) (a), "approved" means acceptable to the Department, and the Department will accept any proposed IBC 506.2.2 fire lane that is acceptable to the local fire department. Consequently, an IBC 506.2.2 "fire lane" is not necessarily required to comply with the fire-lane requirements for fire-apparatus access under section Comm 62.0500.
Note: For marginal circumstances, where uncertainties may arise during plan review as to whether the fire lane is acceptable, a plan submitter may want to reduce the potential for an associated delay during the review by including the local fire department's acceptance with the submitted plans. (May 30, 2003)

  IBC 506.3 Can an automatic fire sprinkler system that complies with NFPA 13R be used to obtain the building-area increase for sprinklering that is permitted by IBC chapter 5?
Answer: No. Only an NFPA 13 automatic sprinkler system can be used to obtain a building-area increase for sprinklering. (July 15, 2005)

  IBC 705.8  Where two buildings of different lengths are separated by a fire wall, can the length of the fire wall be extended to include the exterior wall of the larger building, such that I can exceed the 25 percent limitation on the length of openings located in the portion of the wall that is common with the smaller building?
Answer:  No.  The percentage of openings in the fire wall between the buildings is limited to the length of the common wall, plus the length of extensions that are required.  Although we will allow the length used to determine the allowable openings permitted by IBC section 705.8 to include the length of required extensions, we will not allow larger extensions beyond those specified within IBC section 705.5. (June 4, 2007).

  IBC 706 Can structural elements pass through the various rated fire-resistive rated wall assemblies (i.e. fire walls, fire barriers, fire partitions, etc.) that are required for other than class of construction purposes?
Answer: In short, NO for fire walls, and YES for all the other vertical assemblies. The only separation that prohibits other structural members from passing through/over or "penetrating" them is a fire wall [see IBC 705]. The restrictions relative to that thought are outlined in IBC 705.2. The performance language requires the wall to have sufficient stability to allow the collapse of the construction on either side without a collapse of the fire wall. That same performance language does not exist for exterior walls [IBC 704], fire barriers [IBC 706], shaft enclosures [BC 707], fire partitions [IBC 708 ], or smoke barriers [IBC 709]. (March 28, 2003)

  IBC 716.6.2, International Building Code - 2003 Is there an Alternate Standard Evaluation which approves use of IBC 716.6.2 related to fire resistance rated consturction requirements? Yes, see evaluation 200406-A.

  IBC 903.2, IBC 905.1, Comm 61.03 (10), Comm 61.03 (6) Is an "existing" commercial building constructed under the current WCBC subject to the automatic sprinkler and standpipe system triggers of IBC Chapter 9, when undergoing a change in use?
Answer: Yes. Where the phrase "new buildings and structures" is used in Sections 903 & 905 of Chapter 9, the associated triggers are to be applied to all buildings and additions to buildings constructed on or after the July 1, 2002 effective date of the current WCBC. (December 8, 2003)

  IBC 903.2.11 To what extent are sprinkler systems required with enclosed parking garages?
Answer: An enclosed parking garage is considered less hazardous than a repair garage, and is not intended to have a more stringent sprinkler threshold than a repair garage. IBC 903.2.10.1 requires sprinklers in a one-story building with a fire area containing a repair garage exceeding 12,000 square feet, or exceeding 10,000 square feet in a taller building. Consequently, sprinkler systems are required in enclosed parking garages with building areas or heights exceeding the maximums in IBC Table 503. Where an enclosed parking garage is sprinklered for this reason, and is separated from an overlying A, B, M, or R Group in accord with IBC 508.2, sprinklers are not required by IBC 903.2.11 in the overlying Group - but may be required there by other applicable IBC sections. (July 15, 2005)

  IBC 903.2.11.1 When applying the fire sprinkler threshold requirements of IBC Section 903.2.11.1, what are the commercial trucks or buses referred to there?
Answer: The following is a listing of the types of commercial trucks or buses being referred to in IBC 903.2.11.1:
-Semitrailer Tractors
-Trucks having a gross vehicle weight over 26,000 pounds
-Passenger vans or buses with a seating capacity of 16 or more
See IBC 302.2 and 304.1 relative to fire stations.

  IBC 905.1, IBC 903.2, Comm 61.03 (10), Comm 61.03 (6) Is an "existing" commercial building constructed under the current WCBC subject to the automatic sprinkler and standpipe system triggers of IBC Chapter 9, when undergoing a change in use?
Answer: Yes. Where the phrase "new buildings and structures" is used in Sections 903 & 905 of Chapter 9, the associated triggers are to be applied to all buildings and additions to buildings constructed on or after the July 1, 2002 effective date of the current WCBC. (December 8, 2003)

  IBC 907.2, NFPA 72 s. 4.4.5   Does the requirement that fire alarm control units be protected mean that I must protect all annunciator panels if they include a reset function?  
Answer: No.  Although NFPA 72 requires the protection of a fire alarm control unit, we will not apply that requirement to an annunciator panel, even when the system can be reset from that panel.  To help understand why one is protected while one is not, it helps to recognize the difference.  The NFPA definition of fire alarm control unit is "A system component that receives inputs from automatic and manual fire alarm devices and might supply power to detection devices and to a transponder or off-premises transmitter”.  The definition of annunciator is "A unit containing one or more indicator lamps, alphanumeric displays, or other equivalent means in which each indication provides status information about a circuit, condition, or location”.  Because some fire alarm control units may also include annunciating capabilities, we look elsewhere to delineate.  It has been determined that the best way to differentiate is to use the UL listing for the unit.  

 If the component is UL listed as a fire alarm control unit, then a smoke detector is required above it.  If the component is UL listed as an annunciator panel (even if the system can be reset from it), then a smoke detector will not be required above it.  It also helps to understand that a UL-listed annunciator panel (even if it includes a reset function) is a component that can be removed from the system and the system will still maintain its integrity.  If the wires to the annunciator panel become disabled, a trouble signal is sent to the main fire alarm control unit that is protected.  (August 4, 2006)

  IBC 907.2.8  Is exception number 3 intended to allow the elimination of both the manual fire alarm and automatic fire detection systems that are required by IBC section 907.2.8?
Answer: No.  Exception number 3 is intended to eliminate the requirement for a separate manual system when the entire building is protected by a supervised automatic sprinkler system and provided the building has a local fire alarm system that will provide the notification required by section 907.9.2.  The automatic fire detection (system smoke detectors) system is required for the R-1 portion unless exception number 2 is satisfied. (May 16, 2006)

  IBC 907.9.1.3  Does the requirement that all dwelling units be “provided with the capability to support visible notification appliances” mean that I must install the wiring and boxes for a future installation?
Answer: No.  Although pre-wiring of the dwelling for the future installation of a visible alarm notification appliance is one way of satisfying this performance language, it is not the only solution.  The code official can allow other methodologies proposed by the designer.  It is assumed the owner is in agreement with the alternative methodology being proposed by the designer.  (August 4, 2006)

  IBC 907.9.2  Do the minimum sound pressures listed [7O dBA for R & I-1; 90 dBA for mechanical room; and 60 dBA for all others] in this code section supersede the requirement that calls for the sound pressures to be 15 decibels (dBA) above the average ambient sound level or 5 dBA above the maximum sound pressure level of a lengthy duration?
Answer: This is a code provision that provides performance language that does not align well with a "yes" or "no" answer.  In essence, the minimum sound pressures listed govern until such time as the average sound plus 15 dBA, or the maximum sound plus 5 dBA, exceeds those minimums.  In essence, it is the higher sound pressure that governs and that determines which holds precedence. (June 16, 2006)

  IBC 1002.1 Which passageways are corridors, that consequently must meet the requirements for corridors?
Answer: IBC 1002.1 defines a corridor as an enclosed exit access component that defines and provides a path of egress to an exit.

A convenience path that does not lead to a required exit is not a corridor, regardless of the manner of construction.

A corridor - by definition - has full-height walls on both sides, and occupants in a corridor need special protection because the walls (1) cause a sensory isolation from the rest of the building and (2) limit the egress paths within the corridor. Full-height walls with glazed panels are considered to be corridor walls, because the panels tend to have curtains or blinds that likewise restrict the sensory perception of the corridor users.

There may be short sections of full-height walls in otherwise open egress paths, such as vestibules, that do not create corridors. (September 3, 2002)

  IBC 1003.2.13.1.1 To determine whether an accessible floor is 4 or more stories above or below a level of exit discharge, do I start counting with the story that is at a level of exit discharge? 
Answer: No. To count the stories above, start by finding the highest level of exit discharge.  Next find the floor of the story that is above that and you have identified the first story above.  From that point you just add.  For the stories below, first find the lowest level of exit discharge.  Next find the floor of the story that is below that level and you have identified the first story below.  From that point you just add stories.

  IBC 1003.3.1.1, Comm 62.1109(2)(d), and Comm 62.2900(4) Does the door into a water-closet privacy compartment have to provide a 32-inch clear width if the compartment is not required to be either wheelchair-accessible or ambulatory-accessible?
Answer: No. There is no codified minimum width for the door into a water-closet compartment unless the compartment is required to be either wheelchair-accessible or ambulatory-accessible. (June 25, 2003)

  IBC 1004.2.3 Under what circumstances is egress permitted through a room that contains either a storage area or a restaurant-kitchen area?
Answer: The room must (1) be accessory to the area served; (2) include a discernible path of egress travel to an exit; and (3) in the case of a restaurant-kitchen area, include that path outside of the kitchen's work area. For example, a clearly defined path through a large stock room for a retail store can be part of a path of egress travel, but a small storage room which has a high potential to become crowded and obstructive, or which has locking hardware to prevent egress, should not be included in the path. (May 27, 2003)

  IBC Table 1005.2.2 Can the 50-foot maximum egress distance within an R-2 Group be measured to the start of a properly enclosed exit stairway?
Answer: Yes. (September 3, 2002)

  IBC 1008.8  When the code requires aisle accessway width to be measured with the folding tablet arms down, does that mean the arm is in the use-position or the stored-position?
Answer:  The intent is for the width to be measured in the condition that the seat is likely to be left in when an emergency occurs.  That will differ depending on the seating manufacturer.  If the tablet arm is designed in such a manner that an individual can easily leave their seat without the tablet arm automatically moving to the stored position, that is the condition that the minimum width is designed for.  On the other hand, the clear width is measured with the tablet arm in the stored position where the tablet arm returns to the stored position when the tablet arm is raised in one motion and automatically moves to the stored position, rather than moving or falling back to the use position.  (June 16, 2006)

  IBC 1204.1 and 1204.3 Are parking garages required to be provided with the natural or artificial light that is required of all spaces intended for human occupancy?  Answer:  No.  The department does not consider a parking garage to be the type of space that requires the natural or artificial lighting being called for by this section of the code. (September 29, 2005)

  IBC 1209.2 Is gypsum board allowed as the wall surface within 2 feet of urinals and water closets?
Answer: Yes, provided the surface is finished to be smooth, hard, and nonabsorbent - and remains so. (July 2, 2002)

IBC 1502.1, 1508.1, 1505.1, and 2603.4.1.5, Can foam plastic insulation be used as one of the components within a roof assembly without the thermal barrier referenced in IBC section 2603.4.1.5 if the roof assembly has been tested and listed as FM Class 1, even if the testing was to FM 4470 instead of FM 4450?
Answer: Yes. The purpose of the thermal barrier is to prevent the foam plastic from becoming involved in the early stages of a fire within the building below.  The Class 1 fire classification indicates that the assembly will not self-propagate if exposed to a localized fire exposure from the underside of the deck. That determination is based on Factory Mutual’s construction materials calorimeter test, the test that is included as a part of both FM 4450 and FM 4470.  If the roof assembly fails that part of the test, the roof assembly cannot be fire classified as Class 1. (May 06, 2008)

IBC 1505.1, 1502.1, 1508.1, and 2603.4.1.5, Can foam plastic insulation be used as one of the components within a roof assembly without the thermal barrier referenced in IBC section 2603.4.1.5 if the roof assembly has been tested and listed as FM Class 1, even if the testing was to FM 4470 instead of FM 4450?
Answer: Yes. The purpose of the thermal barrier is to prevent the foam plastic from becoming involved in the early stages of a fire within the building below.  The Class 1 fire classification indicates that the assembly will not self-propagate if exposed to a localized fire exposure from the underside of the deck. That determination is based on Factory Mutual’s construction materials calorimeter test, the test that is included as a part of both FM 4450 and FM 4470.  If the roof assembly fails that part of the test, the roof assembly cannot be fire classified as Class 1. (May 06, 2008)

IBC 1508.1, 1505.1, 1502.1, and 2603.4.1.5, Can foam plastic insulation be used as one of the components within a roof assembly without the thermal barrier referenced in IBC section 2603.4.1.5 if the roof assembly has been tested and listed as FM Class 1, even if the testing was to FM 4470 instead of FM 4450?
Answer: Yes. The purpose of the thermal barrier is to prevent the foam plastic from becoming involved in the early stages of a fire within the building below.  The Class 1 fire classification indicates that the assembly will not self-propagate if exposed to a localized fire exposure from the underside of the deck. That determination is based on Factory Mutual’s construction materials calorimeter test, the test that is included as a part of both FM 4450 and FM 4470.  If the roof assembly fails that part of the test, the roof assembly cannot be fire classified as Class 1. (May 06, 2008)

  IBC 1621.1.1 When do sprinkler systems have to be provided with seismic bracing?
Answer: Sprinkler systems in buildings of seismic design category C, D, E or F must be provided with seismic bracing. The bracing must conform to the design parameters in IBC 1621.3.10.1. Seismic bracing is not required for sprinkler systems in buildings of seismic design category A or B. (September 5, 2003)

  IBC 1621.3.14   When does an elevator have to be installed in accordance with the seismic provision of IBC 1621.3.14?
Answer: The elevator must meet the seismic provisions when located within any building of seismic design category D, E or F.  In addition, an elevator that is a required accessible means of egress within a building of seismic design category C must meet that requirement. (January 27, 2006)

  IBC 2902.1 and Table 2902.1  Are toilet rooms required for buildings or structures that are not designed to be occupied?
Answer: No. Many buildings and structures are not designed as an “occupiable space” and accordingly need not include toilet rooms within them or adjacent to them. Included are buildings like mini-storage buildings or parking garages. Some additional examples include those buildings or structures that provide a drive-in service like self-serve car washes or a walk-in service like ATM kiosks. (October 5, 2005)

  IBC 2902.1, Table 2902.1, 2902.6, Comm 62.1209 and Comm 62.2902 (6)  In buildings or spaces that are required to be provided toilet facilities, must the toilet rooms be available to the public when the building or space is not open for use? (October 5, 2005)
Answer: No. Most buildings and spaces provide their services during their business hours or hours of operation and there is no requirement that the toilet rooms remain available to the public when the business is closed for the day.  Not so obvious are those buildings or structures that provide some walk-in or drive-in services that are available 24/7 even though the rest of the building or space, including the toilets within, is closed to the public. The best example of this would be the service stations that include a convenience store that has toilet rooms that are open during the normal operating hours of the convenience store, but not at all times the gas pumps are available for use. (October 5, 2005)

  IBC 2902.2 - Exception 3 If in a commercial building that predates Comm 61 to 65 there is an alteration or use change to a space having a single toilet room, can the single toilet room still be permitted if the total occupant load it is serving exceeds 15 persons?
Answer: Yes, within the limitations that follow.

The current commercial building code that went into effect in July 2002 permits a single toilet room to serve spaces with a maximum employee load of 15 where the maximum total load (employees and customers) does not exceed 15 persons. In some ways this is more restrictive than in the past, but in other ways it is less restrictive. The current requirement is not retroactive, and the Division recognizes the validity of previous approvals.

When within a facility built under a previous version of the Commercial Building Code, the Division will continue to recognize the capacity for which the single toilet room was originally approved, provided the use of the space served by the toilet room does not change, or changes only to another use that was permitted to utilize that exception. In previous commercial building codes, a single fixture toilet room was permitted in lieu of separate a toilet room for each sex, when serving a limited number of people within a limited number of uses. The following is a list of those limited uses:

• Adult Day Care
• Factory
• Repair Garage
• Business
• Mercantile
• Service Garage
• Child Day Care
• Occupied Storage Garage
• Warehousing/Storage

The people limitation referenced was a 25-person total capacity.

In summary, when uses change between those listed above, or when people loads change due to alterations or subtle use changes, the listed uses are not required to add a second toilet room, provided the total number of occupants does not exceed 25 persons and the building was constructed prior to July 1, 2002. An alteration to the single toilet room likewise does not trigger a requirement to add a second toilet room. (January 14, 2003)

  IBC 2902.6  Are toilet rooms required for buildings or structures that are not designed to be occupied?
Answer: No. Many buildings and structures are not designed as an “occupiable space” and accordingly need not include toilet rooms within them or adjacent to them. Included are buildings like mini-storage buildings or parking garages. Some additional examples include those buildings or structures that provide a drive-in service like self-serve car washes or a walk-in service like ATM kiosks. (October 5, 2005)

  IBC 2902.6, 2902.1, Table 2902.1, Comm 62.1209 and Comm 62.2902 (6)  In buildings or spaces that are required to be provided toilet facilities, must the toilet rooms be available to the public when the building or space is not open for use? (October 5, 2005)
Answer:  No.  Most buildings and spaces provide their services during their business hours or hours of operation and there is no requirement that the toilet rooms remain available to the public when the business is closed for the day.  Not so obvious are those buildings or structures that provide some walk-in or drive-in services that are available 24/7 even though the rest of the building or space, including the toilets within, is closed to the public. The best example of this would be the service stations that include a convenience store that has toilet rooms that are open during the normal operating hours of the convenience store, but not at all times the gas pumps are available for use. (October 5, 2005)

  IMC 502.13 Is it necessary to provide a mechanical source capture system in accordance with section IMC 502.13 if the vehicle tailpipe exhausts are extended to the exterior of a building by non mechanical means?
Answer  No; the practice of temporarily attaching extensions and conveying exhaust contaminants out from the occupied space and to the exterior is an acceptable solution. IMC sections 401.7 and 502.1 provide flexibility in dealing with contaminants from stationary sources such as operating engines of motor vehicles. The language under these provisions recognizes the ability to collect, and/or treat, or convey to the exterior contaminants generated from stationary sources rather than employing a mechanical source capture system under IMC 502.13. Hoses or tubes used to extend vehicle tailpipes are to be of suitable material to be in contact with hot tailpipes and vehicle emissions, and their layout, including the size and length, needs to be effective in conveying the contaminants to the exterior.  (January 24, 2005)

  IMC 507.2 When is a Type I or Type II kitchen exhaust hood required for a "commercial food heat-processing appliance?"
Answer: The definition of commercial food heat-processing appliance under IMC Section 202 and the kitchen exhaust hood provisions under IMC 507.2 do not provide specific demarcations to answer this question for every situation and circumstance. Whether a food heat-processing appliance is a commercial food heat-processing appliance depends upon several variables and factors, including the nature of use, the frequency of use, the type of appliance, and even the type of food involved.

IMC 202 broadly defines a commercial food heat-processing appliance as producing "grease [laden] vapors, steam, fumes, smoke, or odors that are required to be removed" from "a food-processing establishment." And, a food-processing establishment is defined as including any building or portion thereof used for the processing of food.

A dwelling unit, or either a dorm room or hotel sleeping room with a stove, oven, microwave, coffee maker, or toaster does not constitute a food-processing establishment. In addition, either an employee break room or a hotel/motel breakfast bar with microwaves, coffee makers, and toasters does not constitute a food-processing establishment. None of these facilities are primarily in the business of preparing food for compensation, trade, or services rendered. Neither a Type I nor a Type II exhaust hood is required for these facilities.

However, this still leaves a wide variety of occasions, situations, and operations in "commercial buildings" where food is prepared and sold, such as restaurants, taverns, cafeterias serving hospitals or dormitories, concession stands serving high school gymnasiums, and domestic kitchen facilities in church basements and convenience stores. In some instances, food-preparation appliances are brought in temporarily, adjunct to another activity. A popcorn wagon or completely enclosed popcorn machine provided for a high school basketball game is an example. This type of appliance and the frequency of its use under these circumstances would not constitute a "commercial food heat-processing appliance." Many convenience stores offer, besides coffee, a hot dog or