Document Citation: COMAR 05.16.08.07

Header:
CODE OF MARYLAND REGULATIONS
TITLE 05. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
SUBTITLE 16. MARYLAND BUILDING REHABILITATION CODE
CHAPTER 08. HISTORIC BUILDINGS--REPEALED


Date:
08/31/2009

Document:

.07 Change of Occupancy.

A. General. Historic buildings undergoing a change of occupancy shall comply with the applicable provisions of COMAR 05.16.06 except as specifically permitted in this chapter. When COMAR 05.16.06 requires compliance with specific requirements of COMAR 05.16.05, and when those requirements are subject to exceptions in Regulation .06 of this chapter, the same exceptions apply in this regulation.

B. Building Area. The allowable floor area for historic buildings undergoing a change of occupancy may exceed the allowable areas specified in COMAR 05.16.06 by 20 percent.

C. Location on Property. Alternative methods may be used on historic structures undergoing a change of use to a higher hazard category in accordance with COMAR 05.16.06.15A in order for these structures to be in compliance with the fire-resistance and exterior opening protective requirements. These alternatives shall comply with Regulation .01B of this chapter.

D. Roof Covering. Regardless of occupancy or use group, roof-covering materials not less than Class C are permitted when a fire-retardant roof covering is required.

E. Means of Egress. Existing door openings, window openings intended for emergency egress, and corridor and stairway widths of less than those that would be acceptable for nonhistoric buildings under this subtitle shall be approved, if, in the opinion of the local jurisdiction, there is sufficient width and height for an individual to pass through the opening or traverse the exit and that the capacity of the exit system is adequate for the occupant load, or when other operational controls to limit occupancy are approved by the local jurisdiction.

F. Door Swing. When approved by the local jurisdiction, the existing front doors are not required to swing in the direction of exit travel, if other approved exits having sufficient capacity to serve the total occupant load are in place.

G. Transoms.

(1) Requirement. In corridor walls required to be fire rated by this subtitle, existing transoms may be maintained if fixed in the closed position and fixed wired glass set in a steel frame or other approved glazing is installed on one side of the transom.

(2) Exception. An exception to the requirement of § G(1) of this regulation is that transoms conforming to Regulation .06F of this chapter are accepted.

H. Finishes.

(1) Requirement. When finish materials are required to have a flame-spread classification of Class III or better, existing nonconforming materials shall be surfaced with an approved fire-retardant paint or finish.

(2) Exception. An exception to the requirement of § H(1) of this regulation is that existing nonconforming materials are not required to be surfaced with an approved fire-retardant paint or finish when the building is equipped throughout with an automatic fire suppression system installed in accordance with the Fire Prevention Code, and the nonconforming materials can be substantiated as historic in character.

I. One-Hour Fire-Resistive Assemblies. When 1-hour fire-resistive construction is required by this subtitle, it is not required to be provided regardless of construction or occupancy when the existing wall and ceiling finish is wood lath and plaster.

J. Stairs and Railing. Existing stairways shall be in compliance with the requirements of this subtitle. The local jurisdiction shall grant alternatives for grand stairways and railings if alternative stairways are found to be acceptable or if judged as meeting the intent of this subtitle. Existing stairways shall be in compliance with Regulation .06J of this chapter.

K. Exit Signs. The local jurisdiction may accept alternate exit sign locations when these signs would have an adverse effect upon the historic character. These signs shall identify the exits and exit path.

L. Exit Stair Live Load. Existing historic stairways in buildings changed to Groups R-1 and R-2 are accepted when it can be shown that the stairway can support a 75-pound/square foot live load.

M. Natural Light. When it is determined by the local jurisdiction that compliance with the natural light requirements of COMAR 05.16.06.08 will lead to loss of historic character or historic materials in the building, the existing level of natural lighting is considered acceptable.