It's a fast moving trend, it won't be long until it hit a building near you Ryan.
I have been seeing more and more of this type of building type manipulation lately.
Floor 9 of 25 in an apt building with wood framing materials allowed because it was in "Type 1 containment". Currently, I can't use romex in that building, but after October.... Who knows?
Another place built in 1915 as 12 stories is type 3. I won't put romex in it, but someone else will.
Like I said... "3 stories" was clear and easy.
Oh, NFPA 5000 was reversed: http://www.nfpa.org/itemDetail.asp?categoryID=965&itemID=23641&URL=Codes%20and%20Standards/Comprehensive%20Consensus%20Codes®%20(C3)/A%20decision%20in%20California
