Occupancy is a defined legal term in building construction and building codes. It refers to the use or intended use of a building or part thereof for the shelter or support of persons, animals or property. A closely-related meaning is the number of units in such a building that are rented or leased, or otherwise in-use. The lack of occupancy in this sense is a vacancy.

Building code

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It is possible to have multiple occupancies (or building uses) within one building. For instance, one may have a high-rise building, where the lower levels are occupied by retail stores, whereas the upper levels could be residential.

Wherever the dividing line is between different occupancies within one building, one must construct a particularly integral fire barrier referred to as an occupancy separation, which are subject to stringent bounding. Typically, the code requirements for an occupancy separation are more stringent than for other fire-barriers, even with an identical fire-resistance rating. For example, if an occupancy separation carried a two-hour fire-resistance rating, one may, in some jurisdictions, not be able to de-rate its closures, such fire doors or firestops. A normal two-hour fire separation, may conceivably be fitted with 90-minute fire doors, whereas the occupancy separation would not be granted such reprieve.

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