Bought an old home in a small town to start a tea room on the first floor and live on the second

[Thedollhousetearoom]

Hi y’all. I’m really glad I found this forum as it’s difficult to navigate the IBC and IFC for my particular needs. My wife and I bought an old (1895) home in small town Texas (Seguin). We want to run an afternoon tea service on the first floor and live on the second floor. We’ve gotten the city to approve the zoning change from residential to neighborhood commercial but now we’re trying to navigate fire code requirements. The home is not a designated historical property (thankfully).

I’ve read a bit in the IBC about live/work accommodations and some good threads on here about whether the two functions need to be separated. Putting a firewall between the downstairs and upstairs would really ruin the interior of the building. We’re open to installing a sprinkler system (and it sounds like a 13R won’t be prohibitively expensive).

Local city officials have been helpful but I’m not sure they’ve considered our unique little business/living space’s unique needs.

I’ll try to make these yes or no questions since I have a few of them:

1. Because we’re in a small town can we assume that they don’t have many overriding codes and that the IBC and IFC are the guides I should be referencing (knowing that the AHJ still is the final decision maker)?

2. Can I assume that with a 13R sprinkler installed downstairs (commercial space, A2 use) that I can keep the residence upstairs unsprinklered and non separated (no firewall)? This would be ideal to keep the inside of the house looking original.

3. Since we’re operating the business and living above it, do we qualify for the live/work section of IBC or do I need to consider the more traditional dual use requirements (A2 for the restaurant and R2 for the living space). The total property is about 2500 sq ft, the restaurant is less than half the total sq ft and we’ll likely only have 2 employees. Our city doesn’t have any codes specifically allowing live/work...I don’t know if that’s required in order to use the provisions.

Thanks in advance to anyone who can help me shed some light on this! Even though it’s a very specific niche case, I imagine a lot of people wanting to start small businesses from their homes in small towns have similar questions!

 

[cda]

Welcome

You bought in the right town

You do not have to navigate IFC.

All your needs/ requirements should be in IBC.

 

[cda]

Has the city told you that a fire sprinkler system is required???

You might be able to do a 13D system

Will need to dig into the codes.

 

[cda]

Looks like the city is under 2015 I codes

 

[cda]

Have not done a live work

looks like it makes you a R-2


310.4 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:

Apartment houses

Boarding houses (nontransient) with more than 16 occupants

Congregate living facilities (nontransient) with more than 16 occupants

Convents

Dormitories

Fraternities and sororities

Hotels (nontransient)

Live/work units

 

[cda]

You might fall under IRC also, which might help you



R101.2 Scope

The provisions of the International Residential Code for One- and Two-family Dwellings shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height. Where conflicts occur between the provisions of this code and the provisions of Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings, or the provisions of 16 Texas Administrative Code, Chapter 70, rules governing the Texas Industrialized Housing and Buildings Program, the provisions of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70 shall control.


Exceptions:

1. Live/work units located in townhouses and complying with the requirements of Section 419 of the International Building Code shall be permitted to be constructed in accordance with the International Residential Code for One- and Two-Family Dwellings. Fire suppression required by Section 419.5 of the International Building Code where constructed under the International Residential Code for One- and Two-family Dwellings shall conform to Section P2904.

2. Owner-occupied lodging houses with five or fewer guestrooms shall be permitted to be constructed in accordance with the International Residential Code for One- and Two-family Dwellings where equipped with a fire sprinkler system in accordance with Section P2904.

 

[Thedollhousetearoom]

So much support and so quickly! Thank you! The fire marshall hasn’t said I needed a sprinkler system. He said that I needed a firewall between the two floors but he hasn’t been onsite at the property yet. A firewall (especially including the ceiling of the first floor) will be expensive and disrupt a lot of the building. I’m hoping a 13R or 13D will be cheaper and require less demo work. I looked at fire retardant paint options but I don’t think they add enough fire rating to the existing drywall, so we would have to replace drywall with the 5/8” type x stuff. That’s my understanding anyway.

 

[cda]

About how many sq ft would be dedicated to where people sat and drink tea??

 

[cda]

You might want to hire a code consultant,,,

The money you pay that person might save you a lot in the long run

 

[cda]

Here is some past thinking::

https://www.thebuildingcodeforum.com/forum/threads/live-work-unit.4641/

It appears if you can convince the city that you fall under IRC, and I am guessing the city does not require fire sprinklers in new homes there, than fire sprinklers should not be required in yours.

 

[e hilton]

One place you call it a tea room, another its a restaurant. Might want to be careful there. To me a restaurant does a lot more food prep, and you might bump up to a lot more restrictions. Grease traps, exhaust hoods, etc. If all you are doing is making sammies and hot drinks it might be easier.

 

[Mark K]

The fact that you are in a small town does not change anything from a legal perspective.. The local jurisdiction can only require what is required by the properly adopted building code.

If the jurisdiction has not adopted a building code then the IBC is a good place to start.

The inclusion of a restaurant pushes you beyond the scope of the IRC. You need to look at the IBC.

 

[Thedollhousetearoom]

More great info, thanks everyone! Total service area is around 450-500 sqft. We plan on baking scones and other pastries off-hours (i.e. a day in advance). I'm okay with being labeled a restaurant if that's appropriate. Local fire official said we need a grease trap but not a hood (we're not grilling or doing anything on a stovetop). The newer, smaller automatic grease traps are about $3k so while it seems overkill for our needs, we can handle that cost. @cda, any recommendations for where to start looking for a code consultant? I'm guessing I should look for listings in the closest major city (San Antonio) or am I likely to find one in a smaller city (i.e. New Braunfels is nearby, a bigger city than ours but much smaller than San Antonio).

Thanks again!

 

[cda]

You should be able to go to 750 sq ft max and be a “B” occupancy, keeping you out of “A” occupancy.

So it seems you should be able to fall under International Residential Code , and in the great state of Texas, a city normally cannot require fire sprinklers in a single family house.

I am thinking you may not need a consultant, if you can get the bldg dept to agree no fire sprinklers are required.

I do not do ada enforcement, that may be your next problem access to inside your building and bathrooms.

Look at San Antonio for help

 

[Thedollhousetearoom]

ADA is pretty easy so far. We have to widen a bathroom door and install a lift. Both of those fit in our budget, thankfully.

 

[cda]

ADA is pretty easy so far. We have to widen a bathroom door and install a lift. Both of those fit in our budget, thankfully.

Talk to the building official and see if you fall under IRC, which should mean a fire sprinkler is not required.

 

[e hilton]

The small grease trap is for milk products that go down the drain. High fat content.
For the code consultant, call a local architect and ask if they can recommend someone.

 

[Thedollhousetearoom]

@cda, inspection is tomorrow so I'll give that a shot! Any tips on how to best advocate for IRC scoping rather than IBC scoping? I want to be assertive but I don't want the AHJ thinking I'm a jackass.

@e hilton, that's a great idea. I spoke to a firm today and they were very willing to work with me but they admitted they usually work on bigger jobs and that they'd probably be too expensive for me ($170/hr). I'll see if I can find a more local, small-town architect that can recommend a firm or independent consultant that's better suited to my tiny business.

 

[cda]

@cda, inspection is tomorrow so I'll give that a shot! Any tips on how to best advocate for IRC scoping rather than IBC scoping? I want to be assertive but I don't want the AHJ thinking I'm a jackass.

@e hilton, that's a great idea. I spoke to a firm today and they were very willing to work with me but they admitted they usually work on bigger jobs and that they'd probably be too expensive for me ($170/hr). I'll see if I can find a more local, small-town architect that can recommend a firm or independent consultant that's better suited to my tiny business.

1. Appears you fall in the scope of IRC::

R101.2 Scope

The provisions of the International Residential Code for One- and Two-family Dwellings shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height. Where conflicts occur between the provisions of this code and the provisions of Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings, or the provisions of 16 Texas Administrative Code, Chapter 70, rules governing the Texas Industrialized Housing and Buildings Program, the provisions of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70 shall control.


Exceptions:

1. Live/work units located in townhouses and complying with the requirements of Section 419 of the International Building Code shall be permitted to be constructed in accordance with the International Residential Code for One- and Two-Family Dwellings. Fire suppression required by Section 419.5 of the International Building Code where constructed under the International Residential Code for One- and Two-family Dwellings shall conform to Section P2904.

2. Owner-occupied lodging houses with five or fewer guestrooms shall be permitted to be constructed in accordance with the International Residential Code for One- and Two-family Dwellings where equipped with a fire sprinkler system in accordance with Section P2904.


2. Since it appears you fall under IRC,,,

The great state of Texas said most cities cannot require fire sprinklers in a person’s house, unless the city had a prior requirement.... Which your city more than likely did not.


Get the white tablet out when the city comes knocking
If they require something

Ask which code it comes out of

And what section the requirement came from

 

[cda]

@cda, inspection is tomorrow so I'll give that a shot! Any tips on how to best advocate for IRC scoping rather than IBC scoping? I want to be assertive but I don't want the AHJ thinking I'm a jackass.

@e hilton, that's a great idea. I spoke to a firm today and they were very willing to work with me but they admitted they usually work on bigger jobs and that they'd probably be too expensive for me ($170/hr). I'll see if I can find a more local, small-town architect that can recommend a firm or independent consultant that's better suited to my tiny business.

This is out of what is called the commentary. It is not code just tries to explain it

 

[cda]

@cda, inspection is tomorrow so I'll give that a shot! Any tips on how to best advocate for IRC scoping rather than IBC scoping? I want to be assertive but I don't want the AHJ thinking I'm a jackass.

@e hilton, that's a great idea. I spoke to a firm today and they were very willing to work with me but they admitted they usually work on bigger jobs and that they'd probably be too expensive for me ($170/hr). I'll see if I can find a more local, small-town architect that can recommend a firm or independent consultant that's better suited to my tiny business.

Are you able to see the picture in post 20?

 

[Thedollhousetearoom]

Are you able to see the picture in post 20?

Yes indeed! What is that excerpt from? Another part of the IBC manual? I've read 416 a bit and thought that would be a good fit for us. I like pushing for IRC scope of that means I don't need sprinklers. IBC 416 talks a bit about sprinklers being required for the nonresidential portion of the structure. Inspection is at 10a this morning. Going to but a legal pad from CVS and will report back! Thanks again for all the guidance!

 

[cda]

Yes indeed! What is that excerpt from? Another part of the IBC manual? I've read 416 a bit and thought that would be a good fit for us. I like pushing for IRC scope of that means I don't need sprinklers. IBC 416 talks a bit about sprinklers being required for the nonresidential portion of the structure. Inspection is at 10a this morning. Going to but a legal pad from CVS and will report back! Thanks again for all the guidance!

Sorry meant to say it is from the commentary of the 2009 IRC

Year should not change how it is interpreted

 

[Thedollhousetearoom]

Just finished first inspection. Fire marshal wasn't present but the other inspectors are going to huddle with him later today. Started out rough with "doesn't matter, going to need a firewall and a means of entry that is exclusive to the residential portion" but after talking and seeing how problematic that would be, ended up closer to "we'll huddle internally and see what might be feasible." I think they're open to the idea of doing light (13D or 13R) sprinkler just in the first floor (the non-commercial space). Still require no Romex, so we'll do electrical conduit on top of the walls/ceiling (which is fine). Feels like if they can get comfortable with that then we have a path forward! If they come back and say we still need a firewall between the floors, then we'll go out and contract with a code consultant (I have a couple leads on one).

I asked them to reference the places in the code that require this specific firewall but they didn't have the reference available. We'll request that via email if they insist on the firewall.

Thanks again for all your guidance! I feel hopeful that we'll be able to negotiate a reasonable path forward that doesn't break the bank, ruin the interior of our Victorian home and makes it possible to open our little tea room. If you're ever in Seguin, TX we'll be happy to have you in for complimentary service!