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Developing and additional apartment in an existing apartment building

G

Glennman CBO

Silver Member
Joined
Oct 20, 2009
Messages
441
2009 IBC.

An apartment owner came in the other day to look into developing an additional apartment in what used to be a "common" area in an apartment building. This area is used as a TV room, game room, etc, where tenants can use as an extra living room of sorts.

Now they want to convert it into another apartment.

The building is not sprinklered, and (of course) they do not wish to add sprinklers.

I'm thinking that it is not a change of occupancy in the sense that is was always an R-2, and is too large of an area to consider it an accessory use as it is currently set up. It is approx 20% of the entire space. The space that will be converted is currently an extension of the other apartments in that it is not an area that just anyone can use unless they are a resident, or are invited by a resident. There are 4 apartments there now, and the conversion will make a 5th.

The gentleman has not been in for a while, so it may not even happen, but I thought I'd run it past all you code gurus.
 
Initial answer NO

Under the IBC Chapter 34

SECTION 3412

COMPLIANCE ALTERNATIVES

Should be used specifically

3412.2.4 Alterations and repairs.

An existing building or portion thereof, which does not comply with the requirements of this code for new construction, shall not be altered or repaired in such a manner that results in the building being less safe or sanitary than such building is currently. If, in the alteration or repair, the current level of safety or sanitation is to be reduced, the portion altered or repaired shall conform to the requirements of Chapters 2 through 12 and Chapters 14 through 33.

That could trigger sprinklers but I doubt because it.

Even if you did not adopted the IBC it could still be used as a designer/owner to show compliance with the IBC

3401.5 Alternative compliance.

Work performed in accordance with the International Existing Building Code shall be deemed to comply with the provisions of this chapter.
 
Sorry I took so long to respond, as I was out for a week.

Yes, we have adopted the IEBC. I haven't had much of a chance to look into it much.
 
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