A change-of-use permit is a commercial building permit that changes the use of an existing building or tenant space from one approved use/occupancy classification to another as described in the International Building Code. It compares the code requirements of the existing use to the requirements of the proposed use and demonstrates how the building or tenant space meets the code requirements for the new use – any code deficiencies will need to be corrected prior to occupying the space/changing the use. A change-of-use permit is required anytime there is a full or partial change in occupancy classification or use of the space or an increase in the intensity of the use.
A Hazardous Material Inventory Statement (HMIS) is required for all commercial cultivation and extraction facility even if the last approved use of the space was the same. The completed form should be uploaded to the associated commercial building permit which will be automatically created when you apply for your 420 License. This is because the operations and intensity of each individual facility or business owner vary and there may be an increase or decrease in canopy size or the Max Allowable Quantity (M.A.Q.) of solvents or combustible fibers (drying/processing) in each control area etc.
When will the Building Department NOT require a change-of-use to obtain a 420 license?
Where there is a change in ownership or a new business is replacing an original business where the use is exactly the same, a change of use will most likely not be required assuming the hazardous materials inventory sheet does not indicate a change in intensity. Dispensaries moving into a space most recently permitted as a retail location (Mercantile Occupancy – M) would not require a change of use.
If I have previously completed a change-of-use will I need to do it again?
Due to the legalization of recreational marijuana, all dispensaries are now M (Mercantile) occupancies (like a retail store); previously they were reviewed/approved as a B (Business) occupancy under a patient care model. Due to the change in use/occupancy type, dispensaries that were previously permitted as a B occupancy will now need to complete a change-of-use to be an M occupancy. If you are an existing dispensary not currently approved as an M occupancy a change-of-use will be required. Note: If this applies to your existing dispensary you will be sent a letter saying you will need to complete a change-of-use before your 420 license will be approved. For other uses besides dispensing, you will most likely not be required to provide a new change-of-use unless the activities, location or intensity etc. has changed since your initial application or where the original information provided was unclear.
What If I am still unsure of the most recently approved use of my proposed tenant space?
If you are still unsure, please email 420license@ci.missoula.mt.us (include the address, suite number, a description of how you plant o use the space and a good phone number to reach you at)