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Allowing Transient R1 Use in an R2 Building

jar546

jar546

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Hypothetically, if a municipality passed an ordinance for registration and inspection of vacation rental properties that were specifically designated transient, would you be able to allow this to happen in a building that was an R2? Would the ordinance itself be a violation since it is less restrictive than was a CO was issued for?
 
Might depend on legal code adoption process, but I would say code doesn't disallow it, but it would have to comply....And once the municipality "knows" about it...It is liable for enforcement....
 
What is the difference between a VRBO and a vacation/time share property rental which is an R-2

2018 IBC
310.3 Residential Group R-2.
Residential Group R-2 occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature, including:

Vacation timeshare properties
 
mtlogcabin said:
What is the difference between a VRBO and a vacation/time share property rental which is an R-2

2018 IBC
310.3 Residential Group R-2.
Residential Group R-2 occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature, including:

Vacation timeshare properties
Click to expand...

An ordinance that is specifically set up for transient vacation rental less than 30 days.
 
I am not understanding your question. Time shares have been around for decades and typically operate in R-2 structures and the occupants are only there for a week or two. Adopting an ordinance registering them and inspecting them does not change the fact that they have been and will continue to operate as occupants staying in a place for less than 30 days

Do they meet the letter of the code? Why did the IBC place them in the R-2 classification when the industry standard for rental times is less than 30 days I don't know but it is there in the code as a permitted use in an R-2
 
The city can do what they want,, is that the normal comment?

Maybe as part of the ordinacne address the C of O issue, either something like can happen without new C of O, or just label the C of O dual occupancy, with no other code requirements, or some other City Legal Language.
 
This is imposable to enforce by the building codes. It's more of a Zoning issue. Towns in the Poconos are trying to deal with Air B&B's with not much success.
 
R2's are less restrictive than R1's. They both have similar requirements but not exact. This is part of my point. If you are going to build a timeshare condo then they should be R1s as R2 is permanent and R1 is transient. Who approves timeshares as R2?
 
Vacation timeshare properties are already an R2 per 310.3, so shouldn't we all be approving them as R2? Is the conflict in the "transient" designation. and the fact that they are not "timeshare" and are more of the VRBO/AirBB type of transient? It looks like code assigns "timeshare" with the idea that the occupants are somewhat familiar because they stay longer, return often and have an ownership stake, making them more akin to an apartment than a hotel room. Whereas a VRBO/AirBB would not.

This conflict has taken other forms, such homes designed and built to the IRC but used as transient rental lodging. To me the big issue is the lack of familiarity with a transient population, which can hinder egress. Typically not a concern in small structures, but can be an issue in large ones. If memory serves this was an issue in NC due to some very large coastal rentals and at least one fatal fire. A lot of those buildings are three stories, with as many as 8 to 10 bedrooms. Fill up a house like that with 15 or 20 people, unfamiliar with the building and egress, add in some booze, and I can see a potential problem. But I'm not sure the same level of concern would exist between an IBC R2 and use as an R1 because they ae already pretty close as far as restrictions.
 
I think the main difference is that R-1 has a few additional requirements for the fire alarm system (IBC 907). I think the code has always looked at R-1 as hotels with multiple guest rooms and hasn't directly addressed vacation cottages (or McMansions).
 
I was never talking about a timeshare so not sure how that was thrown into the mix. A timeshare should not be R2 since they are usually done in 1-2 week increments, which is equivalent to the definition of transient which is for R1. Although the powers that be feel as though timeshares should be R2, those of us that had timeshares know that an extremely high percentage of people are trading and often never at the same locations, usually in 1-2 week increments.
 
If they never advertise a house or an apartment as a air B&B you would never know if they are only guests or renters. Does it make a difference it is just loaned out rather then rented out?

My family has an vacation house that as many as 10 different family members use never more then a week. Everyone pays a yearly fee.
Should this house go through a change of occupancy to a R1?
 
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