Change of Occupancy: Non-compliant basement space help

[palikona]

I'm working on a project that is an addition to an existing building with a basement. It will be a change of occupancy from R to B (office space). The new addition will not have a basement, but the existing basement will remain. The kicker is: the floor-to-floor height from Level 1 to the Basement Floor is 6'-8", so with the 12" deep structure, the space isn't close to being complaint for an occupied space. The client wants to be able to use the space for storage, but there's no way to make the space 7'-0" min. Thoughts on how to handle this situation? Thank you.

 

[Yankee Chronicler]

Tell the client they can't use the basement for storage. Cite the code sections that apply.

 

[arwat23]

If that situation came up in one of my projects, the local AHJ would never allow that space to be used for storage. I would personally tell them that code won't allow that. You can ask the local building official for confirmation, which may help when you tell your client it can't work.

 

[Joe.B]

Easy, just raise the building.

 

[Yankee Chronicler]

With a headroom of 5'-8", that isn't a basement so much as a deep crawlspace.

 

[palikona]

If that situation came up in one of my projects, the local AHJ would never allow that space to be used for storage. I would personally tell them that code won't allow that. You can ask the local building official for confirmation, which may help when you tell your client it can't work.

I will do that. But can the space remain as is?

 

[palikona]

With a headroom of 5'-8", that isn't a basement so much as a deep crawlspace.

Can that space remain? How would I classify it?

 

[Yankee Chronicler]

Can that space remain? How would I classify it?

I would classify it as unoccupied space, and exclude it from the certificate of occupancy. I would require the construction documents to label it as unoccupied space. (Or write that in on the sets of plans you approve.)

 

[ICE]

Tell the client they can't use the basement for storage. Cite the code sections that apply.

The space was never a basement. There’s no violation associated with storing stuff in a crawl space.

 

[Yankee Chronicler]

What we call a "certificate of occupancy" is, in fact, a certificate of use and occupancy. The certificate is supposed to (or allowed to, if you prefer) specify what portion or portions are being certified as approved for occupancy and what use those portions are approved for. Since a space with a headroom of only 5'-8" is, per code, neither habitable or occupiable, we cannot issue a certificate that approves such a space for any use or occupancy.

111.2 Certificate issued. After the building official
inspects the building or structure and does not find violations
of the provisions of this code or other laws that are enforced by
the department, the building official shall issue a certificate of
occupancy that contains the following:
1. The permit number.
2. The address of the structure.
3. The name and address of the owner or the owner’s
authorized agent.
4. A description of that portion of the structure for which
the certificate is issued.
5. A statement that the described portion of the structure
has been inspected for compliance with the requirements
of this code.
6. The name of the building official.
7. The edition of the code under which the permit was
issued.
8. The use and occupancy, in accordance with the provisions
of Chapter 3.
9. The type of construction as defined in Chapter 6.
10. The design occupant load.
11. Where an automatic sprinkler system is provided,
whether the sprinkler system is required.
12. Any special stipulations and conditions of the building
permit.

 

[ICE]

What we call a "certificate of occupancy" is, in fact, a certificate of use and occupancy. The certificate is supposed to (or allowed to, if you prefer) specify what portion or portions are being certified as approved for occupancy and what use those portions are approved for. Since a space with a headroom of only 5'-8" is, per code, neither habitable or occupiable, we cannot issue a certificate that approves such a space for any use or occupancy.

No argument here. When have you ever identified the crawl space on a certificate of occupancy?

 

[Yankee Chronicler]

No argument here. When have you ever identified the crawl space on a certificate of occupancy?

I haven't. But I recently consulted to another building official in a smaller town where they had a town library in a two-story building. When the library was originally built, they ran out of money and the second floor was left unfinished. Now they had some money and wanted to finish the second floor, but it didn't meet any code requirements for means of egress. The architects were claiming that "the building" was already a library, so they didn't need to do anything.

But the original drawings clearly labeled the second floor as "Unoccupied Space," and the certificate of occupancy referenced the drawings. So my conclusion (supported by the local fire marshal and the state fire marshal) was that the certificate of occupancy only covered the ground floor, and the second floor would have to be altered to comply with the current code.

 

[steveray]

If there is some legal documentation that the "basement" was previously used for storage...You are good to go...if not...then not....