Cal. Civ. Code § 8-2-217
Total change in use or occupancy.
Operative Text
(a) A total change in the use or occupancy of an existing building which would cause a greater hazard to the public shall not be made unless such building is made to comply with the requirements of the applicable state and local rules, regulations, codes, and standards for the new use or occupancy; provided, however, that the compliance alternative provisions of this article may be utilized by authorized enforcement authorities where total or strict compliance with applicable state or local rules, regulations, codes, or standards is not practical. (b) When the proposed use is of equal or lesser hazard as determined by an authorized enforcement authority, further compliance with any code for new construction is not required unless otherwise provided in this article. Alterations or repairs to an existing building or structure which do not adversely affect the performance of the building may be made with like materials. Any proposed change to the existing building or change in type of contents of the existing building shall not increase the fire hazard to adjacent buildings or structures. If the fire hazard to adjacent buildings or structures is increased, then requirements of applicable construction or fire safety codes for exterior walls shall apply.
Under O.C.G.A. § 8-2-217, when an existing building undergoes a complete change in how it is used or occupied, the building must meet all applicable state and local codes for that new use if the change would create a greater hazard to the public. If the new use presents an equal or lesser hazard than the previous one, full compliance with new-construction codes is generally not required, and like-for-like repairs and alterations that do not hurt the building's performance are permitted. However, any change—whether in use or in the type of contents stored—must not increase fire risk to neighboring buildings; if it does, exterior wall requirements under applicable construction or fire safety codes kick in.
Plain English — not legal advice.
Property owners and managers considering a full change in use or occupancy of an existing building should be aware that O.C.G.A. § 8-2-217 ties compliance obligations directly to the hazard level of the new use. Operators generally document how the proposed use compares in hazard level to the prior use and engage the authorized enforcement authority early to determine whether full code compliance, a compliance alternative, or a reduced standard applies. Compliant operators also evaluate whether any change in building contents or configuration could increase fire exposure to adjacent structures, and address exterior wall requirements before proceeding if such an increase is identified.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
O.C.G.A. § 8-2-217 is relevant to tenants when a landlord converts or repurposes a building in a way that changes its use or occupancy classification. If a building's use changes to one that poses a greater public hazard, tenants may have grounds to raise concerns with the local authorized enforcement authority if the building has not been brought into compliance with applicable codes for the new use. Tenants who believe a change in use or building contents has increased fire risk to neighboring structures can also contact local code enforcement or a tenant-rights organization to understand what remedies or complaint processes may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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