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Change of Use / Change of Occupancy Permit (Commercial — State-Issued) and Certificate of Occupancy in Troy, Montana

Because Troy's DLI Building certification is scoped to RESIDENTIAL ONLY (per this file's commercial-building-permit-state entry), a commercial change of use or change of occupancy anywhere within Troy city limits — e.g., converting a retail tenant space to a restaurant, or any change triggering a different IBC occupancy classification — is reviewed and permitted DIRECTLY by the Montana DLI Building Codes Bureau, using the SAME statewide 'Application for Building Permit' (BCP-1) with 'Change of Use' checked under Type of Work, evaluated against Chapter 10 ('Change of Occupancy') of the 2021 International Existing Building Code (IEBC) as adopted statewide. The Bureau's own application form states the building 'may not be used or occupied by any person until approved by the Bureau,' confirming state sign-off functions as the Certificate of Occupancy step for this state-administered track.

Verified 2026-07-22 · Source

When you need this permit

  • Complete the same statewide Application for Building Permit (BCP-1) filed with the Montana DLI Building Codes Bureau, checking 'Change of Use' under the form's Type of Work checkboxes (New, Addition, Reroof, Emergency, Change of Use, Alteration, Moved Building, Fire Suppression, Other)
  • Per the Bureau's own Building Permit FAQ: 'A state building permit is required for any state owned agency or non-exempt building being built, remodeled, moved, or undergoing a change of occupancy, except for projects located within the jurisdictional limits of a local government program' — Troy's own jurisdiction only covers residential building permits, so a commercial change of occupancy is not exempted and falls to the state
  • Under 2021 IEBC Chapter 10 (as adopted statewide by Montana, effective June 11, 2022): if the changed-use portion is not properly fire-separated from the rest of the building, the ENTIRE building must comply with the requirements of the most restrictive occupancy classification present; if properly separated, only the changed-use portion must meet the new occupancy's requirements; a use change that does NOT alter the IBC occupancy classification/group is instead treated as a standard alteration rather than under the stricter change-of-occupancy rules
  • Per the Bureau's own application form: 'The building may not be used or occupied by any person until approved by the Bureau' — this Bureau final approval functions as the Certificate of Occupancy step for state-administered commercial permits in Troy
  • For a RESIDENTIAL structure within Troy's own city-certified program, a use-change permit instead follows the City's own Building Permit Application process, per the City's own Building Permit Requirements packet ('A permit IS required any time the use of a building is to be changed...'), and the City's own form states 'a certificate of occupancy needs to be issued before the building can be used' — already documented in this file's residential-building-permit entry

Required documents

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Fee schedule

Change of use/occupancy permit fee (commercial, state-issued) — valuation-based, same schedule as commercial building permitsNo separate change-of-use-specific fee line is published by the Montana DLI Building Codes Bureau distinct from the general valuation-based commercial Building Permit fee schedule already documented (as null/unresolved) in this file's commercial-building-permit-state entry; the Bureau's own fee rule (ARM 24.301.138) computes the fee from total project valuation regardless of which Type of Work box is checked.
Not published — contact the department
City of Troy Building Permit Fee (residential change-of-use track, valuation-based)Same City fee table documented in this file's residential-building-permit entry; applies only where the structure remains within Troy's own residential-only certification.
$24 minimum ($1-$500 valuation), scaling per the City of Troy Permit Fees table

Review timeline

Plan review
Not published — contact the department

How long did your Change of Use / Change of Occupancy Permit (Commercial — State-Issued) and Certificate of Occupancy permit actually take in Troy?

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Inspection process

  1. 1

    Occupancy Classification Compliance Review (plan review stage)

    Bureau (commercial) or City Building Inspector (residential) reviews the proposed new use against 2021 IEBC Chapter 10 change-of-occupancy compliance rules — full-building vs. separated-portion compliance depending on fire separation.

  2. 2

    Final Inspection / Certificate of Occupancy

    Final sign-off before the space may be used under its new occupancy classification — by the Bureau for the state-administered commercial track ('may not be used or occupied by any person until approved by the Bureau'), or by the City for the residential track ('a certificate of occupancy needs to be issued before the building can be used').

See the full Troy inspection guide — scheduling & re-inspection fees →

Tips

  • Almost all COMMERCIAL change-of-use/occupancy permits in Troy are state-issued, since Troy's own DLI certification is residential-only — apply using the same BCP-1 form as other commercial building work, with 'Change of Use' checked, mailed to PO Box 200517, Helena, MT 59620-0517, or filed online at ebiz.mt.gov.
  • A tenant change that does NOT change the IBC occupancy classification (e.g., one retail use to another retail use) is treated as a standard alteration under 2021 IEBC Chapter 10, not the stricter change-of-occupancy compliance path — this can significantly affect how much of the existing building must be brought up to current code.
  • If the changed-use space is not adequately fire-separated from the rest of the building, the WHOLE building — not just the tenant space — may need to comply with the most restrictive occupancy classification present, per 2021 IEBC Chapter 10.
  • For a RESIDENTIAL structure remaining within Troy's own city-certified program, use the City's own Building Permit Application instead — the City's own packet requires a permit whenever a building's use changes, and requires a Certificate of Occupancy before the building may be used.

Frequently asked questions

Troy requires a change of use / change of occupancy permit (commercial — state-issued) and certificate of occupancy for: Complete the same statewide Application for Building Permit (BCP-1) filed with the Montana DLI Building Codes Bureau, checking 'Change of Use' under the form's Type of Work checkboxes (New, Addition, Reroof, Emergency, Change of Use, Alteration, Moved Building, Fire Suppression, Other); Per the Bureau's own Building Permit FAQ: 'A state building permit is required for any state owned agency or non-exempt building being built, remodeled, moved, or undergoing a change of occupancy, except for projects located within the jurisdictional limits of a local government program' — Troy's own jurisdiction only covers residential building permits, so a commercial change of occupancy is not exempted and falls to the state; Under 2021 IEBC Chapter 10 (as adopted statewide by Montana, effective June 11, 2022): if the changed-use portion is not properly fire-separated from the rest of the building, the ENTIRE building must comply with the requirements of the most restrictive occupancy classification present; if properly separated, only the changed-use portion must meet the new occupancy's requirements; a use change that does NOT alter the IBC occupancy classification/group is instead treated as a standard alteration rather than under the stricter change-of-occupancy rules; Per the Bureau's own application form: 'The building may not be used or occupied by any person until approved by the Bureau' — this Bureau final approval functions as the Certificate of Occupancy step for state-administered commercial permits in Troy; For a RESIDENTIAL structure within Troy's own city-certified program, a use-change permit instead follows the City's own Building Permit Application process, per the City's own Building Permit Requirements packet ('A permit IS required any time the use of a building is to be changed...'), and the City's own form states 'a certificate of occupancy needs to be issued before the building can be used' — already documented in this file's residential-building-permit entry. If your project isn't listed, confirm with City of Troy Building Department — Building Inspector David Jones; city-certified for Building (B), RESIDENTIAL ONLY, plus Swimming Pool (SP) permits. Commercial building permits, and Electrical, Plumbing, and Mechanical permits for ALL project types (residential and commercial), within Troy city limits are issued directly by the Montana Department of Labor & Industry Building Codes Bureau, not the City. at (406) 295-4151 before starting work.

Troy does not publish a plan-review timeline for this permit. Contact City of Troy Building Department — Building Inspector David Jones; city-certified for Building (B), RESIDENTIAL ONLY, plus Swimming Pool (SP) permits. Commercial building permits, and Electrical, Plumbing, and Mechanical permits for ALL project types (residential and commercial), within Troy city limits are issued directly by the Montana Department of Labor & Industry Building Codes Bureau, not the City. at (406) 295-4151 for current turnaround.

You'll need: Application for Building Permit (BCP-1) — 'Change of Use' Type of Work checked. Depending on your project, Troy may also ask for: City of Troy Building Permit Application (residential change-of-use track only). See the required-documents checklist on this page for details on each.

Troy requires 2 inspection(s) for a change of use / change of occupancy permit (commercial — state-issued) and certificate of occupancy, in order: Occupancy Classification Compliance Review (plan review stage), Final Inspection / Certificate of Occupancy. Schedule each through City of Troy Building Department — Building Inspector David Jones; city-certified for Building (B), RESIDENTIAL ONLY, plus Swimming Pool (SP) permits. Commercial building permits, and Electrical, Plumbing, and Mechanical permits for ALL project types (residential and commercial), within Troy city limits are issued directly by the Montana Department of Labor & Industry Building Codes Bureau, not the City. ((406) 295-4151).

Apply through City of Troy Building Department — Building Inspector David Jones; city-certified for Building (B), RESIDENTIAL ONLY, plus Swimming Pool (SP) permits. Commercial building permits, and Electrical, Plumbing, and Mechanical permits for ALL project types (residential and commercial), within Troy city limits are issued directly by the Montana Department of Labor & Industry Building Codes Bureau, not the City. at 301 E. Kootenai Avenue, Troy, MT 59935. Phone: (406) 295-4151, email: citytroy@troymt.net. Office hours: City Hall, 301 E. Kootenai Ave., Troy, MT 59935; Monday-Friday, 8:00 am to 5:00 pm (closed weekends/holidays); general line (406) 295-4151, email citytroy@troymt.net. Building Inspector David Jones direct line (406) 295-9851, email building.inspector@troymt.net.. Official information: https://cityoftroymontana.com/troy-city-council/city-hall/.

Not necessarily. Under 2021 IEBC Chapter 10, only a change in the occupancy CLASSIFICATION (not just a change in business) triggers change-of-occupancy compliance, and if the new-use area is properly fire-separated from the rest of the building, only that portion must meet the new occupancy's requirements rather than the entire building.

The Montana DLI Building Codes Bureau, using the same statewide Application for Building Permit (BCP-1) used for other commercial building work, with 'Change of Use' checked — since Troy's own DLI certification covers residential building permits only. The Bureau's own form states the building may not be occupied until approved by the Bureau, which functions as the Certificate of Occupancy step for this track.

Other permits in Troy

Residential Building Permit (New Construction / Addition / Alteration / Repair)Commercial Building Permit (State-Issued)Swimming Pool PermitElectrical Permit (State-Issued)Plumbing Permit (State-Issued, incl. Water Heater)Mechanical / HVAC Permit (State-Issued)Deck / Accessory Structure PermitDemolition / Building Move PermitSolar Photovoltaic (PV) / Alternative Energy PermitElectric Vehicle (EV) Charger Permit (State-Issued)Commercial / Business Sign PermitFire Sprinkler & Fire Alarm Permit (State-Issued, via Building Permit 'Fire Suppression' Type of Work)

Change of Use / Change of Occupancy Permit (Commercial — State-Issued) and Certificate of Occupancy in other cities

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