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Dilemma: A looong townhouse, buildings on both sides so no windows, how can we build bedrooms?

WindowlessBuildingOwner

WindowlessBuildingOwner

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Apr 11, 2019
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5
Location
Delaware
We're trying to work out a design, and our structural engineer (who is licensed to submit stamped plans) is trying to figure this out as well, but we can't seem to figure out the right solution. Could anyone help me figuring out this dilemma?

Location: New Castle County, Delaware
Age: 1880s
Height: Three stories
Dimensions: 15'5 x 120 feet (very narrow and very long)
Current layout: Doctor's office on ground floor, two completely empty floors above
Plan: Retail space on ground floor, four apartments above (2nd front, 2nd back, 3rd front, 3rd back)
Front facade: Windows onto street.
Back facade: Windows onto street.
Second floor: Closed in entirely by buildings
Third floor: Closed in one side. Other side has the potential to put windows into brick walls, looking out onto roof.

Consider the narrowness and length, how can we fit bedrooms into this that are up to code? Some questions we're running into:

- Bedroom egress: I don't see any way to have a two bedroom apartment that is up to code... At best we could have a one bedroom apartment, using the window at the front, and then a windowless living room and kitchen?

- Could we have windowless bedrooms, if we put in ventilation and bright artificial lighting? Are we required to still have a second exit out of those bedrooms? There's no possible way to have an exterior exit because there are buildings on both sides.

- Is there any exception for townhouses? Historical buildings? Surely there must be plenty of other buildings that are in the same situation?

- Could we have two bedrooms with walls that only come up two-thirds of the way, and then windows above that height, to the ceiling? So that the natural light from the living room shines through the two bedrooms? But if so, don't we still need an exit somehow?

- My friend has a one bedroom apartment on the same street, new building, and his bedroom only has one door, no windows, but a lowered wall (6 feet from the ceiling maybe), what makes that a legal bedroom? Or does he technically live in a studio?

- What if the bedroom had one door into the apartment, and a second door on the other side, opening up onto a communal hallway that goes to the stairs, which lead to an outside door. Does that count as an egress?

- Would it make a difference whether we have one or two staircases?

- Egress for the apartments: Currently there are only stairs on the back side of the building. Are we required to put in two sets of stairs, one front and one back? My understanding is that we're an R-2 building, and could have one set if we have a "smokeproof enclosure" and the front doors were within 20 feet of the start of the stairs? Am I understanding that wrong? https://up.codes/s/single-exit-buildings.

- Are windows from the third floor onto a second floor rooftop in any way an egress that might reduce the need for stairways in the front and back?

- Could the single stairway situation be grandfathered in, since there's currently only one set, on one side?

- There is a very large skylight in the middle of the building. What if we built an open shaft down to the second or even the first floor (nice feature for the retail store). And then we'd put bedrooms against that shaft, with windows. Like a miniature courtyard that's about 8x8 feet? Would that be a solution for at least one bedroom on each floor?

Thank you in advance for your advice, even if you can only address part of these questions, I would be most grateful!
 
I'm reading Chapter 10 of the 2012 code, do I understand correctly that we would have two options:
  1. Two stairwells would mean we would not need sprinklers, no windows needed in the bedrooms, and articifial light and mechanical ventilation would suffice. The bedrooms could simply have one door, no windows, an A/C unit, and bright ceiling lights?
  2. One stairwell but we would need sprinklers and egress from all bedrooms (the latter isn't possible).
 
It's mixed use, not sure what else to call it, I was using "townhouse" mainly as a description of a multi-story building with residential units that is hemmed in by two similar tall mixed use buildings. Ground floor is retail, two above are residential.
 
Does the building have or will have a fire sprinkler system???


This might work;;;;

What if the bedroom had one door into the apartment, and a second door on the other side, opening up onto a communal hallway that goes to the stairs, which lead to an outside door. Does that count as an egress?
 
I think the best advice you will get is

Find a great code consultant and let them guide you through the project.

The money you invest in that person,,, will save you money down the line.

There are to many questions to ask and plans/concepts need to be looked at, in order to get code compliant.
 
Ok so this is a mixed use building and not townhouses, that changes a lot. You are outside of the IRC with this and directly into the IBC and IEBC. Is this a change of use? It sure sounds like it.
What is the renovation level?
This building will have to be sprinklered if you are going to have R2 units above where there previously was not. No question about that.
 
Yes, I believe we will need sprinklers. Initially I thought we were exempt, and the marshall said as much on the phone, but I realized that our building is unusually tall for three stories and thus needs sprinklers. It may also need them under the Construction Type regulation (Type III I think, brick but with wooden ceiling beams).

Great advice about getting a code compliance person. I didn't realize such consultants existed, but that sounds like EXACTLY what we need. Not only to go through the process faster, but also to help us identify creative workarounds!

Good to know, I didn't realize the IRC wouldn't still apply for the residential part. This is not technically a change of use since it was built originally as a retail unit on the ground floor and apartments above, but the past 30 years it has been a medical office and at some point the two floors above were gutted, so they've been empty spaces for many decades. I'm thinking it's a "change" in that we'll be thinking about what regulations apply considering occupancy (apparently if your occupancy only goes up 20%, you can possibly keep your single bathroom even if you would otherwise need two? Still figuring out ADA bathroom compliance too). But in terms of building designation it should stay the same.

Interesting point about the R2 units needing sprinklers if there previously were none... what's the situation if there previously were apartments, but the last recorded occupancy in the census is in the 1930s and it's been empty up there ever since? Is it a "change" that requires sprinklers now, because it was gutted and went unused?
 
Once you go R, you normally go S

Sprinklers!!!


And that is through out the Entire building.

Yes people get paid to figure out what that black and white is trying to tell you.’,,,

Plus know how to work around problems, plus save money.

There are some Fire Protection Engineers that can do the same.
 
So the city this is in

Has currently adopted the 2012 IBC???

Straight code or with admendments?
 
I've heard this before when a builder/owner/architect attempt to state that a building had a previous use that they were just going back to. Some states such as Pennsylvania understand this dilemma and essentially say that IF you had an old CofO for a type use and the building has been the same use with no interruption and has been maintained then you can continue the use. If it was ever changed, not kept (aka empty) and maintained, then it is a change of use.

This is a change from the last use under whatever code cycle you were under at the time it was no longer used as apartments above. If you are creating long travel distances for egress then you should want to sprinkler the building just to be able to sleep at night but fortunately, the code requires it. Good luck with your project.
 
Yeah, I think we could save some serious time and money here by getting a consultant because the city is not helpful. They generally don't return calls or respond to emails, and when they pick up, I just endlessly get referred to other people.

Re: 2012, yes, I'm told the city only moved on from 2008 two years ago. A few minor amendments:
https://www.wilmingtonde.gov/business/wilmington-development-review-process

They were very specific that I had to make sure my engineer follows 2012 code and not 2018.

Sounds like we're talking about a change of use considering the length of time, so sprinklers will likely be needed. I did some research and it seems that if we have two exits, bedrooms only need a door and not a window. So it may be best to put in stairs on both sides. I'm basing that on this, which happens to be the same interpretation I got from the text before I ever saw that forum; I hope it's correct:
https://www.thebuildingcodeforum.com/forum/threads/windowless-bedroom.12358/page-2
 
See how this section reads in your IBC

SECTION 1029
EMERGENCY ESCAPE AND RESCUE

1029.1 General.

In some year editions if the building has a fire sprinkler, the window in each bedroom was not required.
 
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