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Division 82 Change of Occupancy, Use and Rating Classification

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Section 91.8201 General

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Every change of occupancy, use and rating classification in any existing building or structure shall conform to the construction requirements for the group occupancy to be housed in the building or structure or for the use to which the building or structure is to be put, as set forth in Article 1.2, Chapter IX of the LAMC and Division 82, Article 1, Chapter IX of the LAMC.

Section 91.8202 Change of Rating Classification

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This section has been amended at the state or city level.
An existing building within the scope of Division 88, Article 1, Chapter IX of the LAMC shall not be changed from one rating classification, as described in LAMC Section 91.8804, to another higher risk rating classification unless the building meets or is altered to meet the requirements of CBC Appendix Chapter A1 for the proposed rating classification and the building meets or is altered to meet the other requirements of this Code for the use or occupancy change.

EXCEPTION: An existing building within the scope of Division 88, Article 1, Chapter IX of the LAMC shall not be changed from one risk category as defined in CBC Section 1604.5 to another higher risk category unless the building meets or is altered to meet the other requirements of this Code.

Section 91.8203 Change of Occupancy Group or Group Division

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Every change of occupancy to one classified in a different group or a different division of the same group, as described in Division 3, Article 1, Chapter IX of the LAMC, shall require a new Certificate of Occupancy whether or not any alterations to the building are required by this Code. For the purpose of this division, the occupancy group and division of interconnected assembly rooms shall be based on the total occupant load in such rooms.

If the building or portion thereof does not conform to the requirements of this Code for the proposed occupancy group or division, the building or portion thereof shall be made to conform. The Department may issue a new Certificate of Occupancy without stating therein that all of the requirements of the Code have been met and without requiring compliance with all such requirements if it is found that the change in occupancy group or division will result in no overall increase in hazard to life, limb, health, property or public welfare.

Section 91.8204 Change of Use

AMENDMENT
This section has been amended at the state or city level.
No change shall be made in the character of occupancies or use of any building that would place the building in a different division of the same group of occupancy or in a different group of occupancies, unless such building is made to comply with the requirements of this code for such division or group of occupancy.

Any assembly occupancy in a building constructed prior to October 6, 1933, shall not be expanded or arranged to accommodate a larger number of occupants than that for which it was previously authorized by the Department unless the entire building conforms to the provisions of Division 16, Article 1, Chapter IX of the LAMC.

The Department may allow a change of use or increased occupant load within the same division of an occupancy group without requiring compliance with all the applicable requirements of the Code if it is found that the change in use or increased occupant load as well as any conditions established by the Department will not result in an overall increase in hazard to life, limb, health, property or public welfare.

Section 91.8205 Certificate of Building Compliance

AMENDMENT
This section has been amended at the state or city level.

91.8205.1 General

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This section has been amended at the state or city level.
If the owner of an existing building desires to determine whether the building is in compliance with applicable sections of Chapter IX of the Los Angeles Municipal Code for existing buildings, the owner may make application to the Department for a Certificate of Building Compliance.

91.8205.2 Fees

AMENDMENT
This section has been amended at the state or city level.
Before any application for such Certificate of Building Compliance is accepted, a fee shall be paid by the applicant to cover the cost to the City for the necessary inspection and report. The amount of the fee shall be as shown in LAMC Table 82-A.

TABLE 82-A
CERTIFICATE OF BUILDING COMPLIANCE INSPECTION FEE
(Former Table 82-B Redesignated 82-A by Ord. No. 172,592, Eff. 6/28/99, Oper. 7/1/99.)
Residential Building*
Section Fee
Single-family dwelling or the first dwelling unit on the premises $185.00
Each additional dwelling unit on the premises up to four units total $105.00 per unit
Each dwelling unit in excess of four units $68.00 per unit
Each guest room or light-housekeeping room $47.00 per unit
*Inspection of buildings accessory to the residential building shall be included as part of the inspection without an additional fee.

Nonresidential Buildings*
Affected Floor Area Fee
0 - 2,500 square feet $315.00
2,501 - 5,000 square feet $470.00
5,001 - 7,500 square feet $500.00
7,501 -10,000 square feet $600.00
Each additional 10,000 square feet or fraction thereof $210.00
*Inspection of buildings accessory to the residential building shall be included as part of the inspection without an additional fee.

91.8205.3 Inspection Procedures

AMENDMENT
This section has been amended at the state or city level.
After the application has been accepted, the Department shall cause an inspection to be made and a report prepared. If, after taking into account nonconforming rights, the inspection report indicates that any building or portion thereof does not conform to the requirements of Chapter IX of the Los Angeles Municipal Code, that portion shall be made to conform.

When compliance has been secured, or if no corrections are required as a result of the inspection report, the Department will issue to the owner a Certificate of Building Compliance stating that the building is now in substantial compliance with the applicable provisions of Chapter IX of the Los Angeles Municipal Code for existing buildings.

The issuance of this certificate shall not be construed by any person to be a representation, guarantee or warranty of the premises for any purpose, including, but not limited to, fitness, suitability, or freedom from defects, either latent or patent. Nor is the issuance of this certificate to be construed to be a waiver of any immunity provided to public entities and public employees under state law, including, but not limited to, those immunities provided by Division 3.6 of Title 1 of the California Government Code.
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