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10 Chapter 3 Occupancy Classification An

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CHAPTER 3

OCCUPANCY CLASSIFICATION AND USE

SECTION 301 controls in accordance with the provisions of Chapter 4 and


SCOPE elsewhere in this code.
301.1 General. The provisions of this chapter shall control
the classification of all buildings and structures as to occu-
pancy and use. Different classifications of occupancy and use SECTION 303
represent varying levels of hazard and risk to building occu- ASSEMBLY GROUP A
pants and adjacent properties. 303.1 Assembly Group A. Assembly Group A occupancy
includes, among others, the use of a building or structure, or a
portion thereof, for the gathering of persons for purposes such
SECTION 302 as civic, social or religious functions; recreation, food or
OCCUPANCY CLASSIFICATION drink consumption or awaiting transportation.
AND USE DESIGNATION 303.1.1 Small buildings and tenant spaces. A building or
¬ 302.1 Occupancy classification. Occupancy classification is tenant space used for assembly purposes with an occupant
the formal designation of the primary purpose of the building, load of less than 50 persons shall be classified as a Group
structure or portion thereof. Structures shall be classified into B occupancy.
one or more of the occupancy groups listed in this section
based on the nature of the hazards and risks to building occu- 303.1.2 Small assembly spaces. The following rooms and
pants generally associated with the intended purpose of the spaces shall not be classified as Assembly occupancies:
building or structure. An area, room or space that is intended 1. A room or space used for assembly purposes with an
to be occupied at different times for different purposes shall occupant load of less than 50 persons and accessory
comply with all applicable requirements associated with such to another occupancy shall be classified as a Group
potential multipurpose. Structures containing multiple occu- B occupancy or as part of that occupancy.
pancy groups shall comply with Section 508. Where a struc-
ture is proposed for a purpose that is not specifically listed in 2. A room or space used for assembly purposes that is
this section, such structure shall be classified in the occu- less than 750 square feet (70 m2) in area and acces-
pancy it most nearly resembles based on the fire safety and sory to another occupancy shall be classified as a
relative hazard. Occupied roofs shall be classified in the Group B occupancy or as part of that occupancy.
group that the occupancy most nearly resembles, according to 303.1.3 Associated with Group E occupancies. A room
the fire safety and relative hazard, and shall comply with Sec- or space used for assembly purposes that is associated with
tion 503.1.4. a Group E occupancy is not considered a separate occu-
1. Assembly (see Section 303): Groups A-1, A-2, A-3, pancy.
A-4 and A-5. 303.1.4 Accessory to places of religious worship.
2. Business (see Section 304): Group B. Accessory religious educational rooms and religious audi-
toriums with occupant loads of less than 100 per room or
3. Educational (see Section 305): Group E. space are not considered separate occupancies.
4. Factory and Industrial (see Section 306): Groups F-1 303.2 Assembly Group A-1. Group A-1 occupancy includes
and F-2. assembly uses, usually with fixed seating, intended for the
5. High Hazard (see Section 307): Groups H-1, H-2, H-3, production and viewing of the performing arts or motion pic-
H-4 and H-5. tures including, but not limited to:
6. Institutional (see Section 308): Groups I-1, I-2, I-3 Motion picture theaters
and I-4. Symphony and concert halls
7. Mercantile (see Section 309): Group M. Television and radio studios admitting an audience
Theaters
8. Residential (see Section 310): Groups R-1, R-2, R-3
and R-4. 303.3 Assembly Group A-2. Group A-2 occupancy includes
assembly uses intended for food and/or drink consumption
9. Storage (see Section 311): Groups S-1 and S-2. including, but not limited to:
10. Utility and Miscellaneous (see Section 312): Group U. Banquet halls
302.2 Use designation. Occupancy groups contain subordi- Casinos (gaming areas)
nate uses having similar hazards and risks to building occu- Nightclubs
pants. Uses include, but are not limited to, those functional Restaurants, cafeterias and similar dining facilities
designations listed within the occupancy group descriptions (including associated commercial kitchens)
in Section 302.1. Certain uses require specific limitations and Taverns and bars

2020 BUILDING CODE OF NEW YORK STATE 43


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OCCUPANCY CLASSIFICATION AND USE

303.4 Assembly Group A-3. Group A-3 occupancy includes Educational occupancies for students above the 12th grade
assembly uses intended for worship, recreation or amusement Electronic data processing
and other assembly uses not classified elsewhere in Group A Food processing establishments and commercial kitchens
including, but not limited to: not associated with restaurants, cafeterias and similar
Amusement arcades dining facilities not more than 2,500 square feet (232 m2)
Art galleries in area.
Bowling alleys Laboratories: testing and research
Community halls Motor vehicle showrooms
Courtrooms Post offices
Dance halls (not including food or drink consumption) Print shops
Exhibition halls Professional services (architects, attorneys, dentists,
Funeral parlors physicians, engineers, etc.)
Greenhouses for the conservation and exhibition of plants Radio and television stations
that provide public access. Telephone exchanges
Gymnasiums (without spectator seating) Training and skill development not in a school or
Indoor swimming pools (without spectator seating) academic program (this shall include, but not be limited
Indoor tennis courts (without spectator seating) to, tutoring centers, martial arts studios, gymnastics and
Lecture halls similar uses regardless of the ages served, and where not
Libraries classified as a Group A occupancy) ¬
Museums
Places of religious worship
Pool and billiard parlors SECTION 305
Waiting areas in transportation terminals EDUCATIONAL GROUP E
305.1 Educational Group E. Educational Group E occu-
303.5 Assembly Group A-4. Group A-4 occupancy includes
pancy includes, among others, the use of a building or struc-
assembly uses intended for viewing of indoor sporting events
ture, or a portion thereof, by six or more persons at any one
and activities with spectator seating including, but not limited
time for educational purposes through the 12th grade.
to:
305.1.1 Accessory to places of religious worship. Reli-
Arenas
gious educational rooms and religious auditoriums, which
Skating rinks
are accessory to places of religious worship in accordance
Swimming pools
with Section 303.1.4 and have occupant loads of less than
Tennis courts
100 per room or space, shall be classified as Group A-3
303.6 Assembly Group A-5. Group A-5 occupancy includes occupancies.
assembly uses intended for participation in or viewing out-
305.2 Group E, day care facilities. This group includes
door activities including, but not limited to:
buildings and structures or portions thereof occupied by more
Amusement park structures than five children older than 21/2 years of age who receive
Bleachers educational, supervision or personal care services for fewer
Grandstands than 24 hours per day.
Stadiums
305.2.1 Within places of religious worship. Rooms and
spaces within places of religious worship providing such
SECTION 304 day care during religious functions shall be classified as
BUSINESS GROUP B part of the primary occupancy.
304.1 Business Group B. Business Group B occupancy 305.2.2 Five or fewer children. A facility having five or
includes, among others, the use of a building or structure, or fewer children receiving such day care shall be classified
a portion thereof, for office, professional or service-type as part of the primary occupancy.
transactions, including storage of records and accounts. 305.2.3 Five or fewer children in a dwelling unit. A
Business occupancies shall include, but not be limited to, facility such as the above within a dwelling unit and hav-
the following: ing five or fewer children receiving such day care shall be
Airport traffic control towers classified as a Group R-3 occupancy or shall comply with
Ambulatory care facilities the Residential Code of New York State.
Animal hospitals, kennels and pounds
Banks
Barber and beauty shops SECTION 306
Car wash FACTORY GROUP F
Civic administration 306.1 Factory Industrial Group F. Factory Industrial Group
Clinic, outpatient F occupancy includes, among others, the use of a building or
Dry cleaning and laundries: pick-up and delivery stations structure, or a portion thereof, for assembling, disassembling,
and self-service fabricating, finishing, manufacturing, packaging, repair or

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OCCUPANCY CLASSIFICATION AND USE

processing operations that are not classified as a Group H of noncombustible materials that during finishing, packing or
hazardous or Group S storage occupancy. processing do not involve a significant fire hazard shall be
306.2 Moderate-hazard factory industrial, Group F-1. classified as F-2 occupancies and shall include, but not be
Factory industrial uses that are not classified as Factory limited to, the following:
Industrial F-2 Low Hazard shall be classified as F-1 Moder- Beverages: up to and including 16-percent alcohol content
ate Hazard and shall include, but not be limited to, the follow- Brick and masonry
ing: Ceramic products
Aircraft (manufacturing, not to include repair) Foundries
Appliances Glass products
Athletic equipment Gypsum
Automobiles and other motor vehicles Ice
Bakeries Metal products (fabrication and assembly)
Beverages: over 16-percent alcohol content
Bicycles
Boats SECTION 307
Brooms or brushes HIGH-HAZARD GROUP H
Business machines [F] 307.1 High-hazard Group H. High-hazard Group H
Cameras and photo equipment occupancy includes, among others, the use of a building or
Canvas or similar fabric structure, or a portion thereof, that involves the manufactur-
Carpets and rugs (includes cleaning) ing, processing, generation or storage of materials that consti-
Clothing tute a physical or health hazard in quantities in excess of
Construction and agricultural machinery those allowed in control areas complying with Section 414,
Disinfectants based on the maximum allowable quantity limits for control
Dry cleaning and dyeing areas set forth in Tables 307.1(1) and 307.1(2). Hazardous
Electric generation plants occupancies are classified in Groups H-1, H-2, H-3, H-4 and
Electronics H-5 and shall be in accordance with this section, the require-
Engines (including rebuilding) ments of Section 415 and the Fire Code of New York State.
Food processing establishments and commercial kitchens Hazardous materials stored, or used on top of roofs or cano-
not associated with restaurants, cafeterias and similar pies, shall be classified as outdoor storage or use and shall
dining facilities more than 2,500 square feet (232 m2) in comply with the Fire Code of New York State.
area. [F] 307.1.1 Uses other than Group H. An occupancy that
Furniture stores, uses or handles hazardous materials as described in
Hemp products one or more of the following items shall not be classified
Jute products as Group H, but shall be classified as the occupancy that it
Laundries most nearly resembles.
Leather products
Machinery 1. Buildings and structures occupied for the applica-
Metals tion of flammable finishes, provided that such
Millwork (sash and door) buildings or areas conform to the requirements of
Motion pictures and television filming (without Section 416 and the Fire Code of New York State.
spectators) 2. Wholesale and retail sales and storage of flamma-
Musical instruments ble and combustible liquids in mercantile occu-
Optical goods pancies conforming to the Fire Code of New York
Paper mills or products State.
Photographic film
3. Closed piping system containing flammable or
Plastic products
combustible liquids or gases utilized for the opera-
Printing or publishing
tion of machinery or equipment.
Recreational vehicles
Refuse incineration 4. Cleaning establishments that utilize combustible
Shoes liquid solvents having a flash point of 140°F
Soaps and detergents (60°C) or higher in closed systems employing
Textiles equipment listed by an approved testing agency,
Tobacco provided that this occupancy is separated from all
Trailers other areas of the building by 1-hour fire barriers
Upholstering constructed in accordance with Section 707 or 1-
Wood; distillation hour horizontal assemblies constructed in accor-
Woodworking (cabinet) dance with Section 711, or both.
306.3 Low-hazard factory industrial, Group F-2. Factory 5. Cleaning establishments that utilize a liquid solvent
industrial uses that involve the fabrication or manufacturing having a flash point at or above 200°F (93°C).

2020 BUILDING CODE OF NEW YORK STATE 45


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OCCUPANCY CLASSIFICATION AND USE

6. Liquor stores and distributors without bulk stor- special industrial explosive devices in Groups B,
age. F, M and S, provided such storage conforms to the
7. Refrigeration systems. quantity limits and requirements prescribed in the
Fire Code of New York State.
8. The storage or utilization of materials for agricul-
tural purposes on the premises. 15. Stationary fuel cell power systems installed in
accordance with the Fire Code of New York State.
9. Stationary storage battery systems installed in
accordance with the Fire Code of New York State. 16. Capacitor energy storage systems in accordance
with the Fire Code of New York State.
10. Corrosive personal or household products in their
original packaging used in retail display. 17. Group B higher education laboratory occupancies
complying with Section 428 and Chapter 38 of the
11. Commonly used corrosive building materials. Fire Code of New York State.
12. Buildings and structures occupied for aerosol [F] 307.2 Hazardous materials. Hazardous materials in any
product storage shall be classified as Group S-1, quantity shall conform to the requirements of this code,
provided that such buildings conform to the including Section 414, and the Fire Code of New York State.
¬
requirements of the Fire Code of New York State.
[F] 307.3 High-hazard Group H-1. Buildings and structures
13. Display and storage of nonflammable solid and containing materials that pose a detonation hazard shall be
nonflammable or noncombustible liquid hazard- classified as Group H-1. Such materials shall include, but not
ous materials in quantities not exceeding the maxi- be limited to, the following:
mum allowable quantity per control area in Group
Detonable pyrophoric materials
M or S occupancies complying with Section
414.2.5. Explosives:
14. The storage of black powder, smokeless propellant Division 1.1
and small arms primers in Groups M and R-3 and Division 1.2

TABLE 307.1(1)
MAXIMUM ALLOWABLE QUANTITY PER CONTROL AREA OF HAZARDOUS MATERIALS POSING A PHYSICAL HAZARDa, j, m, n, p
GROUP WHEN STORAGEb USE-CLOSED SYSTEMSb USE-OPEN SYSTEMSb
THE MAXIMUM
MATERIAL CLASS ALLOWABLE Solid Liquid Solid Liquid Solid Liquid
Gas cubic Gas cubic
QUANTITY IS pounds gallons pounds gallons pounds gallons
feet at NTP feet at NTP
EXCEEDED (cubic feet) (pounds) (cubic feet) (pounds) (cubic feet) (pounds)

See See See


Combustible dust NA H-2 NA NA NA NA NA
Note q Note q Note q
Loose (100) (100) (20)
Combustible fiberq H-3 NA NA NA NA NA
Baledo (1,000) (1,000) (200)
II H-2 or H-3 120d, e 120d 30d
Combustible liquidc, i IIIA H-2 or H-3 NA 330d, e NA NA 330d NA NA 80d
¬ IIIB NA 13,200e, f 13,200f 3,300f
Cryogenic flammable NA H-2 NA 45d NA NA 45d NA NA 10d
Cryogenic inert NA NA NA NA NL NA NA NL NA NA
d d
Cryogenic oxidizing NA H-3 NA 45 NA NA 45 NA NA 10d
Division 1.1 H-1 1e, g (1)e, g 0.25g (0.25)g 0.25g (0.25)g
Division 1.2 H-1 1e, g (1)e, g 0.25g (0.25)g 0.25g (0.25)g
Division 1.3 H-1 or H-2 5e, g (5)e, g 1g (1)g 1g (1)g
Explosives Division 1.4 H-3 50e, g (50)e, g NA 50g (50)g NA NA NA
Division 1.4G H-3 125e, l NA NA NA NA NA
Division 1.5 H-1 1e, g (1)e, g 0.25g (0.25)g 0.25g (0.25)g
Division 1.6 H-1 1e, g NA NA NA NA NA
Gaseous NA 1,000d, e NA 1,000d, e
Flammable gas H-2 NA NA NA NA
Liquefied (150)d, e NA (150)d, e NA
IA H-2 30d, e 30d 10d
Flammable liquidc NA NA NA NA NA
IB and IC or H-3 120d, e 120d 30d
Flammable liquid,
H-2
combination NA NA 120d, e, h NA NA 120d, h NA NA 30d, h
or H-3
(IA, IB, IC)
(continued)

46 2020 BUILDING CODE OF NEW YORK STATE


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OCCUPANCY CLASSIFICATION AND USE

TABLE 307.1(1)—continued
MAXIMUM ALLOWABLE QUANTITY PER CONTROL AREA OF HAZARDOUS MATERIALS POSING A PHYSICAL HAZARDa, j, m, n, p
GROUP WHEN STORAGEb USE-CLOSED SYSTEMSb USE-OPEN SYSTEMSb
THE MAXIMUM
MATERIAL CLASS ALLOWABLE Solid Liquid Solid Liquid Solid Liquid
Gas cubic Gas cubic
QUANTITY IS pounds gallons pounds gallons pounds gallons
feet at NTP feet at NTP
EXCEEDED (cubic feet) (pounds) (cubic feet) (pounds) (cubic feet) (pounds)

Flammable solid NA H-3 125d, e NA NA 125d NA NA 25d NA


Gaseous NA NA NA NL NA NA NL NA NA
Inert gas
Liquefied NA NA NA NL NA NA NL NA NA
UD H-1 1e, g (1) e, g
0.25g (0.25)g 0.25g (0.25)g
I H-2 5d, e (5)d, e 1d (1)d 1d (1)d
II H-3 50d, e (50)d, e 50d (50)d 10d (10)d
Organic peroxide NA NA
III H-3 125d, e (125)d, e 125d (125)d 25d (25)d
IV NA NL NL NL NL NL NL
V NA NL NL NL NL NL NL
4 H-1 1g (1)e, g 0.25g (0.25)g 0.25g (0.25)g
3k H-2 or H-3 10d, e (10)d, e 2d (2)d 2d (2)d
Oxidizer NA NA
2 H-3 250d, e (250)d, e 250d (250)d 50d (50)d
1 NA 4,000e, f (4,000) e, f
4,000f (4,000)f 1,000f (1,000)f
Gaseous NA 1,500d, e NA 1,500d, e
Oxidizing gas H-3 NA d, e NA NA NA
Liquefied (150) NA (150)d, e NA
Pyrophoric NA H-2 4e, g (4)e, g 50e, g 1g (1)g 10e, g 0 0
4 H-1 1e, g (1)e, g 10e, g 0.25g (0.25)g 2e, g 0.25g (0.25)g
3 H-1 or H-2 5d, e (5)d, e 50d, e 1d (1)d 10d, e 1d (1)d
Unstable (reactive)
2 H-3 50d, e (50)d, e 750d, e 50d (50)d 750d, e 10d (10)d
1 NA NL NL NL NL NL NL NL NL
3 H-2 5d, e (5)d, e 5d (5)d 1d (1)d
Water reactive 2 H-3 50d, e (50)d, e NA 50d (50)d NA 10d (10)d
1 NA NL NL NL NL NL NL
For SI: 1 cubic foot = 0.028 m3, 1 pound = 0.454 kg, 1 gallon = 3.785 L.
NL = Not Limited; NA = Not Applicable; UD = Unclassified Detonable.
a. For use of control areas, see Section 414.2.
b. The aggregate quantity in use and storage shall not exceed the quantity listed for storage.
c. The quantities of alcoholic beverages in retail and wholesale sales occupancies shall not be limited provided the liquids are packaged in individual containers
not exceeding 1.3 gallons. In retail and wholesale sales occupancies, the quantities of medicines, foodstuffs or consumer products, and cosmetics containing
not more than 50 percent by volume of water-miscible liquids with the remainder of the solutions not being flammable, shall not be limited, provided that
such materials are packaged in individual containers not exceeding 1.3 gallons.
d. Maximum allowable quantities shall be increased 100 percent in buildings equipped throughout with an automatic sprinkler system in accordance with
Section 903.3.1.1. Where Note e also applies, the increase for both notes shall be applied accumulatively.
e. Maximum allowable quantities shall be increased 100 percent when stored in approved storage cabinets, day boxes, gas cabinets, gas rooms or exhausted
enclosures or in listed safety cans in accordance with Section 5003.9.10 of the Fire Code of New York State. Where Note d also applies, the increase for both
notes shall be applied accumulatively.
f. Quantities shall not be limited in a building equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1.
g. Allowed only in buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1.
h. Containing not more than the maximum allowable quantity per control area of Class IA, IB or IC flammable liquids.
i. The maximum allowable quantity shall not apply to fuel oil storage complying with Section 603.3.2 of the Fire Code of New York State.
j. Quantities in parentheses indicate quantity units in parentheses at the head of each column.
k. A maximum quantity of 220 pounds of solid or 22 gallons of liquid Class 3 oxidizers is allowed when such materials are necessary for maintenance purposes,
operation or sanitation of equipment when the storage containers and the manner of storage are approved.
l. Net weight of the pyrotechnic composition of the fireworks. Where the net weight of the pyrotechnic composition of the fireworks is not known, 25 percent
of the gross weight of the fireworks, including packaging, shall be used.
m. For gallons of liquids, divide the amount in pounds by 10 in accordance with Section 5003.1.2 of the Fire Code of New York State.
n. For storage and display quantities in Group M and storage quantities in Group S occupancies complying with Section 414.2.5, see Tables 414.2.5(1) and
414.2.5(2).
o. Densely packed baled cotton that complies with the packing requirements of ISO 8115 shall not be included in this material class.
p. The following shall not be included in determining the maximum allowable quantities:
1. Liquid or gaseous fuel in fuel tanks on vehicles.
2. Liquid or gaseous fuel in fuel tanks on motorized equipment operated in accordance with the Fire Code of New York State.
3. Gaseous fuels in piping systems and fixed appliances regulated by the Fuel Gas Code of New York State.
4. Liquid fuels in piping systems and fixed appliances regulated by the Mechanical Code of New York State.
5. Alcohol-based hand rubs classified as Class I or II liquids in dispensers that are installed in accordance with Sections 5705.5 and 5705.5.1 of the Fire
Code of New York State. The location of the alcohol-based hand rub (ABHR) dispensers shall be provided in the construction documents.
q. Where manufactured, generated or used in such a manner that the concentration and conditions create a fire or explosion hazard based on information
prepared in accordance with Section 414.1.3.

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OCCUPANCY CLASSIFICATION AND USE

[F] TABLE 307.1(2)


MAXIMUM ALLOWABLE QUANTITY PER CONTROL AREA OF HAZARDOUS MATERIALS POSING A HEALTH HAZARDa, c, f, h, i
STORAGEb USE-CLOSED SYSTEMSb USE-OPEN SYSTEMSb
MATERIAL Solid Liquid gallons Gas cubic feet at NTP Solid Liquid gallons Gas cubic feet at NTP Solid Liquid gallons
poundsd, e (pounds)d, e (pounds)d poundsd (pounds)d (pounds)d poundsd (pounds)d
Gaseous 810e Gaseous 810e
Corrosives 5,000 500 5,000 500 1,000 100
Liquefied (150) Liquefied (150)
Gaseous 20g Gaseous 20g
Highly Toxic 10 (10) 10 (10) 3 (3)
Liquefied (4)g Liquefied (4)g
Gaseous 810e Gaseous 810e
Toxic 500 (500) 500 (500) 125 (125)
Liquefied (150)e Liquefied (150)e
For SI: 1 cubic foot = 0.028 m3, 1 pound = 0.454 kg, 1 gallon = 3.785 L.
a. For use of control areas, see Section 414.2.
b. The aggregate quantity in use and storage shall not exceed the quantity listed for storage.
c. In retail and wholesale sales occupancies, the quantities of medicines, foodstuffs or consumer products, and cosmetics containing not more than 50 percent by
volume of water-miscible liquids and with the remainder of the solutions not being flammable, shall not be limited, provided that such materials are packaged
in individual containers not exceeding 1.3 gallons.
d. Maximum allowable quantities shall be increased 100 percent in buildings equipped throughout with an approved automatic sprinkler system in accordance
with Section 903.3.1.1. Where Note e also applies, the increase for both notes shall be applied accumulatively.
e. Maximum allowable quantities shall be increased 100 percent where stored in approved storage cabinets, gas cabinets or exhausted enclosures as specified in
the Fire Code of New York State. Where Note d also applies, the increase for both notes shall be applied accumulatively.
f. For storage and display quantities in Group M and storage quantities in Group S occupancies complying with Section 414.2.5, see Tables 414.2.5(1) and
414.2.5(2).
g. Allowed only where stored in approved exhausted gas cabinets or exhausted enclosures as specified in the Fire Code of New York State.
h. Quantities in parentheses indicate quantity units in parentheses at the head of each column.
i. For gallons of liquids, divide the amount in pounds by 10 in accordance with Section 5003.1.2 of the Fire Code of New York State.

Division 1.3 15 pounds per square inch gauge (103.4 kPa).


Division 1.4 Combustible dusts where manufactured, generated or used
Division 1.5 in such a manner that the concentration and conditions
Division 1.6 create a fire or explosion hazard based on information
Organic peroxides, unclassified detonable prepared in accordance with Section 414.1.3.
Cryogenic fluids, flammable.
Oxidizers, Class 4 Flammable gases.
Unstable (reactive) materials, Class 3 detonable and Class 4 Organic peroxides, Class I.
[F] 307.3.1 Occupancies containing explosives not clas- Oxidizers, Class 3, that are used or stored in normally
sified as H-1. The following occupancies containing open containers or systems, or in closed containers or
explosive materials shall be classified as follows: systems pressurized at more than 15 pounds per square
inch gauge (103 kPa).
1. Division 1.3 explosive materials that are used and Pyrophoric liquids, solids and gases, nondetonable.
maintained in a form where either confinement or Unstable (reactive) materials, Class 3, nondetonable.
configuration will not elevate the hazard from a Water-reactive materials, Class 3.
mass fire to mass explosion hazard shall be allowed
in H-2 occupancies. [F] 307.5 High-hazard Group H-3. Buildings and structures
containing materials that readily support combustion or that
2. Articles, including articles packaged for shipment, pose a physical hazard shall be classified as Group H-3. Such
that are not regulated as a Division 1.4 explosive materials shall include, but not be limited to, the following:
under Bureau of Alcohol, Tobacco, Firearms and
Explosives regulations, or unpackaged articles used Class I, II or IIIA flammable or combustible liquids that
in process operations that do not propagate a detona- are used or stored in normally closed containers or
tion or deflagration between articles shall be systems pressurized at 15 pounds per square inch gauge
allowed in H-3 occupancies. (103.4 kPa) or less.
Combustible fibers, other than densely packed baled
[F] 307.4 High-hazard Group H-2. Buildings and structures cotton, where manufactured, generated or used in such a
containing materials that pose a deflagration hazard or a haz- manner that the concentration and conditions create a
ard from accelerated burning shall be classified as Group H- fire or explosion hazard based on information prepared
2. Such materials shall include, but not be limited to, the fol- in accordance with Section 414.1.3.
lowing: Consumer fireworks, 1.4G (Class C, Common)
Class I, II or IIIA flammable or combustible liquids that are Cryogenic fluids, oxidizing
used or stored in normally open containers or systems, or Flammable solids
in closed containers or systems pressurized at more than Organic peroxides, Class II and III

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OCCUPANCY CLASSIFICATION AND USE

Oxidizers, Class 2 308.2.2 Condition 2. This occupancy condition shall


Oxidizers, Class 3, that are used or stored in normally include buildings in which there are any persons receiving
closed containers or systems pressurized at 15 pounds custodial care who require limited verbal or physical assis-
per square inch gauge (103 kPa) or less tance while responding to an emergency situation to com-
Oxidizing gases plete building evacuation.
Unstable (reactive) materials, Class 2 308.2.3 Six to 16 persons receiving custodial care. A
Water-reactive materials, Class 2 facility housing not fewer than six and not more than 16
[F] 307.6 High-hazard Group H-4. Buildings and structures persons receiving custodial care shall be classified as
containing materials that are health hazards shall be classified Group R-4.
as Group H-4. Such materials shall include, but not be limited 308.2.4 Five or fewer persons receiving custodial care.
to, the following: A facility with five or fewer persons receiving custodial
Corrosives care shall be classified as Group R-3 or shall comply with
Highly toxic materials the Residential Code of New York State provided an auto-
Toxic materials matic sprinkler system is installed in accordance with Sec-
tion 903.3.1.3 or Section P2904 of the Residential Code of
[F] 307.7 High-hazard Group H-5. Semiconductor fabri- New York State.
cation facilities and comparable research and development
areas in which hazardous production materials (HPM) are 308.3 Institutional Group I-2. Institutional Group I-2 occu-
used and the aggregate quantity of materials is in excess of pancy shall include buildings and structures used for medical
those listed in Tables 307.1(1) and 307.1(2) shall be classi- care on a 24-hour basis for more than five persons who are
fied as Group H-5. Such facilities and areas shall be incapable of self-preservation. This group shall include, but
designed and constructed in accordance with Section not be limited to, the following:
415.11. Foster care facilities
[F] 307.8 Multiple hazards. Buildings and structures con- Detoxification facilities
taining a material or materials representing hazards that are Hospitals
classified in one or more of Groups H-1, H-2, H-3 and H-4 Nursing homes
shall conform to the code requirements for each of the occu- Psychiatric hospitals
pancies so classified. 308.3.1 Occupancy conditions. Buildings of Group I-2
shall be classified as one of the occupancy conditions
specified in Section 308.3.1.1 or 308.3.1.2.
SECTION 308
308.3.1.1 Condition 1. This occupancy condition shall
INSTITUTIONAL GROUP I
include facilities that provide nursing and medical care
308.1 Institutional Group I. Institutional Group I occupancy but do not provide emergency care, surgery, obstetrics
includes, among others, the use of a building or structure, or a or in-patient stabilization units for psychiatric or detox-
portion thereof, in which care or supervision is provided to ification, including but not limited to nursing homes
persons who are or are not capable of self-preservation with- and foster care facilities.
out physical assistance or in which persons are detained for
308.3.1.2 Condition 2. This occupancy condition shall
penal or correctional purposes or in which the liberty of the
include facilities that provide nursing and medical care
occupants is restricted. Institutional occupancies shall be
and could provide emergency care, surgery, obstetrics
classified as Group I-1, I-2, I-3 or I-4.
¬ or in-patient stabilization units for psychiatric or detox-
308.2 Institutional Group I-1. Institutional Group I-1 occu- ification, including but not limited to hospitals.
pancy shall include buildings, structures or portions thereof 308.3.2 Five or fewer persons receiving medical care. A
for more than 16 persons, excluding staff, who reside on a 24- facility with five or fewer persons receiving medical care
hour basis in a supervised environment and receive custodial shall be classified as Group R-3 or shall comply with the
care. Buildings of Group I-1 shall be classified as one of the Residential Code of New York State provided an automatic
occupancy conditions specified in Section 308.2.1 or 308.2.2. sprinkler system is installed in accordance with Section
This group shall include, but not be limited to, the following: 903.3.1.3 or Section P2904 of the Residential Code of New
Alcohol and drug centers York State.
Assisted living facilities 308.4 Institutional Group I-3. Institutional Group I-3 occu-
Congregate care facilities pancy shall include buildings and structures that are inhabited
Group homes by more than five persons who are under restraint or security.
Halfway houses A Group I-3 facility is occupied by persons who are generally
Residential board and care facilities incapable of self-preservation due to security measures not
Social rehabilitation facilities under the occupants’ control. This group shall include, but
308.2.1 Condition 1. This occupancy condition shall not be limited to, the following:
include buildings in which all persons receiving custodial Correctional centers
care who, without any assistance, are capable of responding Detention centers
to an emergency situation to complete building evacuation. Jails

2020 BUILDING CODE OF NEW YORK STATE 49


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OCCUPANCY CLASSIFICATION AND USE

Prerelease centers 308.5.3 Five or fewer persons receiving care. A facility


Prisons having five or fewer persons receiving custodial care shall
Reformatories be classified as part of the primary occupancy.
Buildings of Group I-3 shall be classified as one of the 308.5.4 Five or fewer persons receiving care in a dwell-
occupancy conditions specified in Sections 308.4.1 through ing unit. A facility such as the above within a dwelling
308.4.5 (see Section 408.1). unit and having five or fewer persons receiving custodial
308.4.1 Condition 1. This occupancy condition shall care shall be classified as a Group R-3 occupancy or shall
include buildings in which free movement is allowed from comply with the Residential Code of New York State.
sleeping areas, and other spaces where access or occu-
pancy is permitted, to the exterior via means of egress
SECTION 309
without restraint. A Condition 1 facility is permitted to be
MERCANTILE GROUP M
constructed as Group R.
309.1 Mercantile Group M. Mercantile Group M occupancy
308.4.2 Condition 2. This occupancy condition shall
includes, among others, the use of a building or structure or a
include buildings in which free movement is allowed from
portion thereof for the display and sale of merchandise, and
sleeping areas and any other occupied smoke compartment
involves stocks of goods, wares or merchandise incidental to
to one or more other smoke compartments. Egress to the
such purposes and accessible to the public. Mercantile occu-
exterior is impeded by locked exits.
pancies shall include, but not be limited to, the following:
308.4.3 Condition 3. This occupancy condition shall Department stores
include buildings in which free movement is allowed Drug stores
within individual smoke compartments, such as within a Markets
residential unit comprised of individual sleeping units and Greenhouses for display and sale of plants that provide
group activity spaces, where egress is impeded by remote- public access.
controlled release of means of egress from such a smoke Motor fuel-dispensing facilities
compartment to another smoke compartment. Retail or wholesale stores
308.4.4 Condition 4. This occupancy condition shall Sales rooms
include buildings in which free movement is restricted 309.2 Quantity of hazardous materials. The aggregate
from an occupied space. Remote-controlled release is pro- quantity of nonflammable solid and nonflammable or non-
vided to permit movement from sleeping units, activity combustible liquid hazardous materials stored or displayed in
spaces and other occupied areas within the smoke com- a single control area of a Group M occupancy shall not
partment to other smoke compartments. exceed the quantities in Table 414.2.5(1).
308.4.5 Condition 5. This occupancy condition shall
include buildings in which free movement is restricted
from an occupied space. Staff-controlled manual release is SECTION 310
provided to permit movement from sleeping units, activity RESIDENTIAL GROUP R
spaces and other occupied areas within the smoke com- 310.1 Residential Group R. Residential Group R includes,
partment to other smoke compartments. among others, the use of a building or structure, or a portion
308.5 Institutional Group I-4, day care facilities. Institu- thereof, for sleeping purposes when not classified as an Insti-
tional Group I-4 occupancy shall include buildings and struc- tutional Group I or when not regulated by the Residential
¬
tures occupied by more than five persons of any age who Code of New York State.
receive custodial care for fewer than 24 hours per day by per- 310.2 Residential Group R-1. Residential Group R-1 occu-
sons other than parents or guardians, relatives by blood, mar- pancies containing sleeping units where the occupants are
riage or adoption, and in a place other than the home of the primarily transient in nature, including:
person cared for. This group shall include, but not be limited
Boarding houses (transient) with more than 10 occupants
to, the following:
Congregate living facilities (transient) with more than 10
Adult day care occupants
Child day care Hotels (transient)
308.5.1 Classification as Group E. A child day care facil- Motels (transient)
ity that provides care for more than five but not more than 310.3 Residential Group R-2. Residential Group R-2 occu-
100 children 21/2 years or less of age, where the rooms in pancies containing sleeping units or more than two dwelling
which the children are cared for are located on a level of units where the occupants are primarily permanent in nature,
exit discharge serving such rooms and each of these child including:
care rooms has an exit door directly to the exterior, shall Apartment houses
be classified as Group E. Congregate living facilities (nontransient) with more
308.5.2 Within a place of religious worship. Rooms and than 16 occupants
spaces within places of religious worship providing such Boarding houses (nontransient)
care during religious functions shall be classified as part of Convents
the primary occupancy. Dormitories

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OCCUPANCY CLASSIFICATION AND USE

Fraternities and sororities 310.5.2 Condition 2. This occupancy condition shall


Monasteries include buildings in which there are any persons receiving
Hotels (nontransient) custodial care who require limited verbal or physical assis-
Live/work units tance while responding to an emergency situation to com-
Motels (nontransient) plete building evacuation.
Vacation timeshare properties
310.4 Residential Group R-3. Residential Group R-3 occu- SECTION 311
pancies where the occupants are primarily permanent in STORAGE GROUP S
nature and not classified as Group R-1, R-2, R-4 or I, includ-
ing: 311.1 Storage Group S. Storage Group S occupancy
includes, among others, the use of a building or structure, or a
Buildings that do not contain more than two dwelling units portion thereof, for storage that is not classified as a hazard-
Care facilities that provide accommodations for five or ous occupancy.
fewer persons receiving care
Congregate living facilities (nontransient) with 16 or 311.1.1 Accessory storage spaces. A room or space used
fewer occupants for storage purposes that is accessory to another occu-
pancy shall be classified as part of that occupancy.
Boarding houses (nontransient)
Convents 311.2 Moderate-hazard storage, Group S-1. Storage Group
Dormitories S-1 occupancies are buildings occupied for storage uses that
Fraternities and sororities are not classified as Group S-2, including, but not limited to,
Monasteries storage of the following:
Congregate living facilities (transient) with 10 or fewer Aerosol products, Levels 2 and 3
occupants Aircraft hangar (storage and repair)
Bags: cloth, burlap and paper
Boarding houses (transient) Bamboos and rattan
Lodging houses (transient) with five or fewer guest rooms Baskets
and 10 or fewer occupants Belting: canvas and leather
310.4.1 Care facilities within a dwelling. Care facilities Books and paper in rolls or packs
for five or fewer persons receiving care that are within a Boots and shoes
single-family dwelling are permitted to comply with the Buttons, including cloth covered, pearl or bone
Residential Code of New York State provided an automatic Cardboard and cardboard boxes
sprinkler system is installed in accordance with Section Clothing, woolen wearing apparel
903.3.1.3 or Section P2904 of the Residential Code of New Cordage
York State. Dry boat storage (indoor)
310.4.2 Lodging houses. Owner-occupied lodging houses Furniture
with five or fewer guest rooms and 10 or fewer total occu- Furs
pants shall be permitted to be constructed in accordance Glues, mucilage, pastes and size
with the Residential Code of New York State. Grains
310.5 Residential Group R-4. Residential Group R-4 occu- Horns and combs, other than celluloid
pancy shall include buildings, structures or portions thereof Leather
for more than five but not more than 16 persons, excluding Linoleum
staff, who reside on a 24-hour basis in a supervised residen- Lumber
tial environment and receive custodial care. Buildings of Motor vehicle repair garages complying with the
Group R-4 shall be classified as one of the occupancy condi- maximum allowable quantities of hazardous materials
tions specified in Section 310.5.1 or 310.5.2. This group shall listed in Table 307.1(1) (see Section 406.8)
include, but not be limited to, the following: Photo engravings
Resilient flooring
Alcohol and drug centers
Self-service storage facility (mini-storage)
Assisted living facilities
Silks
Congregate care facilities
Soaps
Group homes
Sugar
Halfway houses
Residential board and care facilities Tires, bulk storage of
Social rehabilitation facilities Tobacco, cigars, cigarettes and snuff
Upholstery and mattresses
Group R-4 occupancies shall meet the requirements for Wax candles
construction as defined for Group R-3, except as otherwise
provided for in this code. 311.3 Low-hazard storage, Group S-2. Storage Group S-2
occupancies include, among others, buildings used for the
310.5.1 Condition 1. This occupancy condition shall storage of noncombustible materials such as products on
include buildings in which all persons receiving custodial wood pallets or in paper cartons with or without single thick-
care, without any assistance, are capable of responding to ness divisions; or in paper wrappings. Such products are per-
an emergency situation to complete building evacuation.

2020 BUILDING CODE OF NEW YORK STATE 51


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OCCUPANCY CLASSIFICATION AND USE

mitted to have a negligible amount of plastic trim, such as Sheds


knobs, handles or film wrapping. Group S-2 storage uses Stables
shall include, but not be limited to, storage of the following: Tanks
Asbestos Towers
Beverages up to and including 16-percent alcohol in 312.1.1 Greenhouses. Greenhouses not classified as
metal, glass or ceramic containers another occupancy shall be classified as Use Group U.
Cement in bags
Chalk and crayons
Dairy products in nonwaxed coated paper containers
Dry cell batteries
Electrical coils
Electrical motors
Empty cans
Food products
Foods in noncombustible containers
Fresh fruits and vegetables in nonplastic trays or containers
Frozen foods
Glass
Glass bottles, empty or filled with noncombustible liquids
Gypsum board
Inert pigments
Ivory
Meats
Metal cabinets
Metal desks with plastic tops and trim
Metal parts
Metals
Mirrors
Oil-filled and other types of distribution transformers
Parking garages, open or enclosed
Porcelain and pottery
Stoves
Talc and soapstones
Washers and dryers

SECTION 312
UTILITY AND MISCELLANEOUS GROUP U
[NY] 312.1 General. Buildings and structures of an acces-
sory character and miscellaneous structures not classified in
any specific occupancy shall be constructed, equipped and
maintained to conform to the requirements of this code com-
mensurate with the fire and life hazard incidental to their
occupancy. Group U shall include, but not be limited to, the
following:
Agricultural buildings
Aircraft hangars, accessory to a one- or two-family
residence (see Section 412.4)
Barns
Carports
Communication equipment structures with a gross floor
area of less than 1,500 square feet (139 m2)
Fences more than 6 feet (1829 mm) in height
Grain silos, accessory to a residential occupancy
¬ Live fire training facilities
Livestock shelters
Private garages
Retaining walls

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