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IBC or IRC?

J

Jim B

Silver Member
Joined
Dec 28, 2010
Messages
107
Location
Pennsylvania
Scenario:

Single family dwelling designed and built under the IRC 2009. No Certificate of Occupancy has been issued at this point

Developer wants to use this single family dwelling and the one next to it as model home. They have decided to turn the garage of this single family dwelling into a “Sales Office” where the public may enter and discuss features, contracts, options, and prices of the homes that the developer has in this future development. There is a common parking lot that serves this structure and a sidewalk from the parking lot to the man-door of the “Sales Office” of this structure

The municipality has no ordnances in effect that would permit the use of a single family dwelling to house a commercial business

The “Sales Office” in this garage is to be used more than 180 days, therefore it is not temporary as per IBC 2009; 3103; potentially in may be in use for 3 - 4 years.

The structure does not meet the requirements of the IRC since it contains another occupancy (B) other than detached one-family and two-family dwellings and multiple single-family dwellings; the “Sale Office” is not an accessory to the building

The “Sales Office” in the garage space is not separated with a true fire wall as per the IBC 2009: 706. It would then be assumed that the entire structure is under the purview as a commercial structure as per IBC 2009: 101.2

With the previous scenario being outlined, would it be safe to assume that this building would be treated as a fully commercial permanent structure that is potentially an R3/ B mixed use building?

This building then should provide all of the required features, elements and fixture of a commercial structure as required by the IBC 2009 and potentially all other adopted codes (IPC, IMC, IFGC, IEEC, ANSI A117.1-2003)?
 
We have had these in the past. We hold the IRC C.O. until the "office" has been converte back to a garage space, until then we consider the whole thing a B. Has always worked well for us, they need the IRC C.O. typically for closings when they eventually sell it as a residence, so we have a chance to make sure thing are as they should be.
 
Agree with Fatboy, additionally we require that they provide an accessible porta-potty.and entrance for this "office"
 
We had those in a previous life. Same as fatboy. The only thing we had them do to the house (as I recall) was provide a commercial threshold at the entrance, and an accessible porta potty. It was not an R-3/B because no one was living in it. Also, an R occupancy is more hazardous than a B.
 
Agree with Fatboy. It sounds like a Toll operations. Sales office and sample. They need to meet ADA requirements to the sales office from the parking to the primary functions.
 
RJJ read my mind with Toll operation. Accessible parking, entry, bathroom/porta potty, built ins if any to be accessible. Also understand the HVAC system shall properly terminate prior to final CO or use stand alone garage system if still an option.
 
R110.4 Temporary occupancy.

The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit , provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid.

Use this for the model home/garage being used as a sales office. Put a one year expiration date on it.
 
Agree with Keystone (and others).. accessible entry, accessible toilet room.. it can be a marketing tool for them in the future.
 
Thanks for the input from everyone. It seems that providing an accessible route from accessible parking to an accessibel entrance and an accessible port-o-potty would be the best solution.
 
You know a normal port a potty does not have 32 inch clear width on the door

OCCUPIABLE space
 
wheelchair-accessible1.jpg


Wheelchair Accessible Restroom rental,very common
 
I don't think you can allow able-bodied people to use inside restrooms with heat & runnning water while disabled people have to go outside and use the porta-potty.
 
Existing building.where compliance with applicable requirements is technically infeasible, the alteration shall comply with the requirements to the maximum extent feasible.

The sales office, with or without a toilet, must be accessible. if the sales office does not have a toilet room,the porta-potty can be used, for the public.

Note:

The dwelling, even if attached to the sales office is a dwelling and does not need to be accessible. Only the area used as part of the office is a temporary B
 
Wouldn't the alteration from Residential to Business trigger the requirement for an accessible restroom since it is undergoing a change of use?
 
Mech said:
Wouldn't the alteration from Residential to Business trigger the requirement for an accessible restroom since it is undergoing a change of use?
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Depends.

Are you adding a toilet room to the alteration? the entire building? Or just the garage?

Remember this is a temporary occupancy...
 
Paul Sweet said:
I don't think you can allow able-bodied people to use inside restrooms with heat & runnning water while disabled people have to go outside and use the porta-potty.
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1104.5 Location.

Accessible routes shall coincide with or be located in the same area as a general circulation path. Where the circulation path is interior, the accessible route shall also be interior.

All this being said....It is something that is mostly overlooked I am sure, I think that the accessible restroom (on site) and access to sales office is all I would look for. Issue a partial CO for temp use of garage as sales office and move on....
 
According to the Department of Justice Americans with Disabilities Act Title III Technical Assistance Manual:

Generally no. A model home does not fall under one of the 12 categories of places of public accommodation. If, however, the sales office for a residential housing development is located in a model home, the area used for the sales office would be considered a place of public accommodation.

If a particular model home is a place of public accommodation, the amenities that would serve prospective buyers as well as employees and sales staff within that home would also be considered as part of the place of public accommodation. This might require the modification of operable bathrooms in the model home being used as a sales office to be modified to be accessible (as set forth in the ADA Accessibility Guidelines and applicable state accessibility codes), widening of doors, and the ramping of all level changes. Also, the parking, and the path of travel from the parking area through the entrance of the house and to the sales area (which might be the entire house and yard), would also be required to be accessible

One way to minimize the perception that a model home is being used as a place of public accommodation, and subjecting the provider of the housing to be subject to liability under the ADA or analogous state laws and codes, is to provide a separate accessible sales office near or adjacent to the model homes or units. However, the activities in the model home might still cause it to fall into being considered a public accommodation (for example, the storing, and distribution of sales information and brochures within the model home). The better option is to sufficiently segregate the sales office area of the model house from the remainder of the house. Again, what activities take place in the non-sales area of the house may dictate whether it is sufficiently isolated from the sales establishment function. As such, you should seek counsel with experience in federal and state disability and accessibility laws and codes when planning the setup of model homes (or units within a multifamily project) to be sure you do not violate federal or state antidiscrimination laws and be subject to any corresponding liabilities.
 
In most cases they convert the garage to the sales area. Thus meeting the accessible element of primary function. They provide an accessible bath room in that area, leaving the remaining as demos of the sales unit.
 
RJJ said:
In most cases they convert the garage to the sales area. Thus meeting the accessible element of primary function. They provide an accessible bath room in that area, leaving the remaining as demos of the sales unit.
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Yes . .
 
mark handler said:
According to the Department of Justice Americans with Disabilities Act Title III Technical Assistance Manual:

Generally no. A model home does not fall under one of the 12 categories of places of public accommodation. If, however, the sales office for a residential housing development is located in a model home, the area used for the sales office would be considered a place of public accommodation.

If a particular model home is a place of public accommodation, the amenities that would serve prospective buyers as well as employees and sales staff within that home would also be considered as part of the place of public accommodation. This might require the modification of operable bathrooms in the model home being used as a sales office to be modified to be accessible (as set forth in the ADA Accessibility Guidelines and applicable state accessibility codes), widening of doors, and the ramping of all level changes. Also, the parking, and the path of travel from the parking area through the entrance of the house and to the sales area (which might be the entire house and yard), would also be required to be accessible

One way to minimize the perception that a model home is being used as a place of public accommodation, and subjecting the provider of the housing to be subject to liability under the ADA or analogous state laws and codes, is to provide a separate accessible sales office near or adjacent to the model homes or units. However, the activities in the model home might still cause it to fall into being considered a public accommodation (for example, the storing, and distribution of sales information and brochures within the model home). The better option is to sufficiently segregate the sales office area of the model house from the remainder of the house. Again, what activities take place in the non-sales area of the house may dictate whether it is sufficiently isolated from the sales establishment function. As such, you should seek counsel with experience in federal and state disability and accessibility laws and codes when planning the setup of model homes (or units within a multifamily project) to be sure you do not violate federal or state antidiscrimination laws and be subject to any corresponding liabilities.
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The sales office would be considered an employee work area, right? Per ADAAG (2010) Section 203.9, it would only need to comply with Sections 206.2.8, 207.1, and 215.3.
 
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