Buelligan
BRONZE MEMBER
I see a recent discussion but have a different scenario and didn't want to confuse the subject.
Couple of different scenarios here:
1. Finished Single family home. Owner wants to finish basement with dwelling unit compliant facilities (independent sleeping, cooking, sanitation etc.) This will be for their "parents or kids" and will not be rented. Does the fact that it meets the dwelling unit definition make the separation requirements apply? Remember , single family and nothing I see says a "dwelling" can't contain as many kitchens, bedrooms, bathrooms etc. as an occupant wants. Some define this as a "mother-in-law suite" and is allowed by ordinances. My point being that, code does not mandate that, simply providing "independent" facilities designates a "duplex" or "two family Dwelling", therefore also not required to fire separate. It implies that in order to have a two family dwelling one must provide these independent facilities.
2. Same situation but the intent is to rent it out. That to me is very clear and will require separation as a second "dwelling unit" for an independent occupant. But, our question in this scenario would be, does the interior basement stair need to be removed or just provide a fire rated door and fire rated stair enclosure? Also would it require a separation of utility services (electric water and sewer service.)?
Here are a few additional questions as well. In the first scenario, say the parents or kids move out. Can the owners now rent to anybody without processing a new permit for a two family dwelling? Does code define "family"? Say two close friends want to share a single family dwelling but want separate facilities? They consider themselves "family", been like sisters since childhood. In this day and age we can't define what people consider family or can we?
This is a very muddy area for us as we have three ordinances that provide or require different things. Zoning, Building Code and Impact fees. Our Impact Fee only applies to new dwellings. Some interpret the Impact fee as required, regardless of separation. Others interpret no fee if it is still a single family with multiple "dwelling unit" facilities for one family (in law suite).
We need to nail this down as best as we can so we can clean up and define how we will handle these situations. Getting to be a big issue these days. Air BNB is another WHOLE subject LOL
Couple of different scenarios here:
1. Finished Single family home. Owner wants to finish basement with dwelling unit compliant facilities (independent sleeping, cooking, sanitation etc.) This will be for their "parents or kids" and will not be rented. Does the fact that it meets the dwelling unit definition make the separation requirements apply? Remember , single family and nothing I see says a "dwelling" can't contain as many kitchens, bedrooms, bathrooms etc. as an occupant wants. Some define this as a "mother-in-law suite" and is allowed by ordinances. My point being that, code does not mandate that, simply providing "independent" facilities designates a "duplex" or "two family Dwelling", therefore also not required to fire separate. It implies that in order to have a two family dwelling one must provide these independent facilities.
2. Same situation but the intent is to rent it out. That to me is very clear and will require separation as a second "dwelling unit" for an independent occupant. But, our question in this scenario would be, does the interior basement stair need to be removed or just provide a fire rated door and fire rated stair enclosure? Also would it require a separation of utility services (electric water and sewer service.)?
Here are a few additional questions as well. In the first scenario, say the parents or kids move out. Can the owners now rent to anybody without processing a new permit for a two family dwelling? Does code define "family"? Say two close friends want to share a single family dwelling but want separate facilities? They consider themselves "family", been like sisters since childhood. In this day and age we can't define what people consider family or can we?
This is a very muddy area for us as we have three ordinances that provide or require different things. Zoning, Building Code and Impact fees. Our Impact Fee only applies to new dwellings. Some interpret the Impact fee as required, regardless of separation. Others interpret no fee if it is still a single family with multiple "dwelling unit" facilities for one family (in law suite).
We need to nail this down as best as we can so we can clean up and define how we will handle these situations. Getting to be a big issue these days. Air BNB is another WHOLE subject LOL
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