Does multi-use room (e.g. office, den) need a EERO?

[Dali748]

Hi,

I purchased a condo in a commercial building (half condo, half hotel) in Miami about a year ago. The previous owner ended up converting the unit into a 2-bedroom, and in this building owners just need to submit an application to the HOA for construction approval, and then it's up to the owner/GC to pull the city permits. However, I come to find out after doing a permit search that the previous owner didn't pull any city permits for the work done.

Fast forward to today, the building allows short-term rentals (e.g. Airbnb) but due to Covid they are now enforcing all owners to provide all the documentation that the city of Miami requires to allow short-term rentals, and one of the things they need is a "change of use" to show the unit listed as a "condo-hotel". This is where I run into an issue after reaching out to different architects/contractors that provide a "legalization" services to bring the unit up to code and also a "change of use" to show "condo-hotel".

In one of the proposals I received, they want to provide demolition services to bring the unit back to the original layout and state the reason is because the bedroom doesn't have direct access to the exterior (EERO? R310?). I obviously do not want to remove this extra room, so my question is, would I be able to bring my unit up to code by labeling this room as a "multi-use room (e.g. office, den)"?

Below are screenshot image links of the original and upgraded floor plans of the unit.

Original Floor Plan: https://gyazo.com/0b3c42b72cac0f73bb57dd7e3bb878e1
Upgraded Floor Plan:

Gyazo

gyazo.com

Thank you!

 

[cda]

Does your building / unit have a fire sprinkler system

 

[cda]

Welcome

 

[TheCommish]

Where is the second bedroom, on one show on plan that has access to the exterior by the balcony doors??

 

[cda]

Where is the second bedroom, on one show on plan that has access to the exterior by the balcony doors??

What use to be the kitchen

 

[cda]

Hi,

I purchased a condo in a commercial building (half condo, half hotel) in Miami about a year ago. The previous owner ended up converting the unit into a 2-bedroom, and in this building owners just need to submit an application to the HOA for construction approval, and then it's up to the owner/GC to pull the city permits. However, I come to find out after doing a permit search that the previous owner didn't pull any city permits for the work done.

Fast forward to today, the building allows short-term rentals (e.g. Airbnb) but due to Covid they are now enforcing all owners to provide all the documentation that the city of Miami requires to allow short-term rentals, and one of the things they need is a "change of use" to show the unit listed as a "condo-hotel". This is where I run into an issue after reaching out to different architects/contractors that provide a "legalization" services to bring the unit up to code and also a "change of use" to show "condo-hotel".

In one of the proposals I received, they want to provide demolition services to bring the unit back to the original layout and state the reason is because the bedroom doesn't have direct access to the exterior (EERO? R310?). I obviously do not want to remove this extra room, so my question is, would I be able to bring my unit up to code by labeling this room as a "multi-use room (e.g. office, den)"?

Below are screenshot image links of the original and upgraded floor plans of the unit.

Original Floor Plan: https://gyazo.com/0b3c42b72cac0f73bb57dd7e3bb878e1
Upgraded Floor Plan:

Gyazo

gyazo.com

Thank you!

Find a good code consultant, there may be a way.

If you just relabel the room, do not think it will fly, eventually it will catch up with you.

 

[RLGA]

Does the story on which the dwelling units are located have two means of egress? If yes, then EEROs are not required.

 

[Dali748]

Thank you for all your quick replies!

Does your building / unit have a fire sprinkler system

Yes, the building does have a fire sprinkler system; it's a 42 story condo building.

Where is the second bedroom, on one show on plan that has access to the exterior by the balcony doors??

Yes, that one that has access to the exterior balcony is the existing bedroom that came with this unit in the original layout. However, the extra room they added is where the "original" kitchen used to be.

What use to be the kitchen

If you look at the "original floor layout" link above, they basically moved the "kitchen" into the "dining area" and then put this other room where the "kitchen" used to be.

Does the story on which the dwelling units are located have two means of egress? If yes, then EEROs are not required.

My condo unit is on the 16th floor; does the hallway door I enter the unit from and the balcony count as two means of egress?

Thank you, again!

 

[cda]

Thank you for all your quick replies!



Yes, the building does have a fire sprinkler system; it's a 42 story condo building.



Yes, that one that has access to the exterior balcony is the existing bedroom that came with this unit in the original layout. However, the extra room they added is where the "original" kitchen used to be.




If you look at the "original floor layout" link above, they basically moved the "kitchen" into the "dining area" and then put this other room where the "kitchen" used to be.



My condo unit is on the 16th floor; does the hallway door I enter the unit from and the balcony count as two means of egress?

Thank you, again!

""""My condo unit is on the 16th floor; does the hallway door I enter the unit from and the balcony count as two means of egress? """""""

Put a smoke alarm inside the room and outside the room.



I don't think you need an EERO!!!!!!!!!!!!

Just an educated guess

 

[classicT]

My condo unit is on the 16th floor;

Well, EERO is out then. Not even possible to do an EERO on a 16th story.

As Ron pointed out, cannot have a single exit, which is the trigger for an EERO.

 

[ADAguy]

""""My condo unit is on the 16th floor; does the hallway door I enter the unit from and the balcony count as two means of egress? """""""

Put a smoke alarm inside the room and outside the room.



I don't think you need an EERO!!!!!!!!!!!!

Just an educated guess

What a web, was the conversion previously approved by the HOA or a bootleg? If not was it city approved? Was it like that when you bought it? Disclosed at time of sale?

 

[Dali748]

Well, EERO is out then. Not even possible to do an EERO on a 16th story.

As Ron pointed out, cannot have a single exit, which is the trigger for an EERO.

Ok, ty...so since this room only has a single exit; then I most likely will never be able to bring this current layout up to code?

What a web, was the conversion previously approved by the HOA or a bootleg? If not was it city approved? Was it like that when you bought it? Disclosed at time of sale?

Yes, the HOA has some construction package form that owners fill out and as long as this gets approved they allow work to be done in the building. However, they say that then it's the responsibility of the owner/GC to pull appropriate city permits, which this previous owner did not.

Yes, it was already upgraded when I purchased it in November '19; however, I was just looking at the seller's disclosure and I noticed that
it looks like he accidentally skipped 4.b. but the good thing I see is he marked 4.c. with NO which is clearly not the case because I know for a fact that he's the one that upgraded the unit because I have a copy of the HOA construction approval he had to request.

https://gyazo.com/5340b0ef00e37ddd124eddeaab55f77e

What does this exactly mean? Is there anything that I can do at this point for the seller to bring the updates he made up to code? I think it might be too late at this point since I closed on this property back in Nov. '19.

 

[cda]

Hi,

I purchased a condo in a commercial building (half condo, half hotel) in Miami about a year ago. The previous owner ended up converting the unit into a 2-bedroom, and in this building owners just need to submit an application to the HOA for construction approval, and then it's up to the owner/GC to pull the city permits. However, I come to find out after doing a permit search that the previous owner didn't pull any city permits for the work done.

Fast forward to today, the building allows short-term rentals (e.g. Airbnb) but due to Covid they are now enforcing all owners to provide all the documentation that the city of Miami requires to allow short-term rentals, and one of the things they need is a "change of use" to show the unit listed as a "condo-hotel". This is where I run into an issue after reaching out to different architects/contractors that provide a "legalization" services to bring the unit up to code and also a "change of use" to show "condo-hotel".

In one of the proposals I received, they want to provide demolition services to bring the unit back to the original layout and state the reason is because the bedroom doesn't have direct access to the exterior (EERO? R310?). I obviously do not want to remove this extra room, so my question is, would I be able to bring my unit up to code by labeling this room as a "multi-use room (e.g. office, den)"?

Below are screenshot image links of the original and upgraded floor plans of the unit.

Original Floor Plan: https://gyazo.com/0b3c42b72cac0f73bb57dd7e3bb878e1
Upgraded Floor Plan:

Gyazo

gyazo.com

Thank you!

""""""In one of the proposals """"

So a contractor said to install one??? And not the city?

 

[Dali748]

I was actually able to find out who the contractor was that did all this work at my unit, is it worth contacting them and asking why no permits were pulled when this upgrade was done? Or trying to work with them to bring my unit up to code?

 

[cda]

Ok, ty...so since this room only has a single exit; then I most likely will never be able to bring this current layout up to code?



Yes, the HOA has some construction package form that owners fill out and as long as this gets approved they allow work to be done in the building. However, they say that then it's the responsibility of the owner/GC to pull appropriate city permits, which this previous owner did not.

Yes, it was already upgraded when I purchased it in November '19; however, I was just looking at the seller's disclosure and I noticed that
it looks like he accidentally skipped 4.b. but the good thing I see is he marked 4.c. with NO which is clearly not the case because I know for a fact that he's the one that upgraded the unit because I have a copy of the HOA construction approval he had to request.

https://gyazo.com/5340b0ef00e37ddd124eddeaab55f77e

What does this exactly mean? Is there anything that I can do at this point for the seller to bring the updates he made up to code? I think it might be too late at this point since I closed on this property back in Nov. '19.

Ok, ty...so since this room only has a single exit; then I most likely will never be able to bring this current layout up to code?


Unless I am wrong again, what they mean, is once you exit your unit completely are there two separate exits/ stairs?

Hopefully in a high rise there is.

Submit it to the HOA and city and should fly.

 

[cda]

I was actually able to find out who the contractor was that did all this work at my unit, is it worth contacting them and asking why no permits were pulled when this upgrade was done? Or trying to work with them to bring my unit up to code?

NOPE

 

[Dali748]

""""""In one of the proposals """"

So a contractor said to install one??? And not the city?

In one of the proposals, the contractor/architect I was talking to said they would help remove the room to bring the unit back to code but I don't want to remove this room. The city hasn't said anything because I haven't moved forward with any of the proposals I received.

 

[Dali748]

Ok, ty...so since this room only has a single exit; then I most likely will never be able to bring this current layout up to code?


Unless I am wrong again, what they mean, is once you exit your unit completely are there two separate exits/ stairs?

Hopefully in a high rise there is.

Submit it to the HOA and city and should fly.

Yes, once in the main hallway of the building; there are stairs an elevator access.

And within the unit there is just the balcony access to the outside.

 

[RLGA]

If you are looking at the IRC (re: your reference to R310), then don't. A high-rise residential building is not subject to the IRC (See IRC Section R101.2). EERO requirements for commercial residential occupancies are located in the IBC in Section 1030 (2018 IBC).

The unit and even the room can have a single exit. An EERO would be required for sleeping rooms if the story on which the unit is located did not have access to two exits. Besides, EERO's, when required, are only applicable to stories below the fourth story and basements. At the 16th story, an EERO is absolutely not required.

 

[Dali748]

If you are looking at the IRC (re: your reference to R310), then don't. A high-rise residential building is not subject to the IRC (See IRC Section R101.2). EERO requirements for commercial residential occupancies are located in the IBC in Section 1030 (2018 IBC).

Oh ok, thank you...I'll try reading the IBC Section 1030 (2018 IBC) just to familiarize myself better about this.

The unit and even the room can have a single exit. If the story has a single exit, then an EERO would be required for sleeping rooms if the story on which the unit is located did not have access to two exits. Besides, EERO's, when required, are only applicable to stories below the fourth story and basements. At the 16th story, an EERO is absolutely not required.

Oh ok, so since I'm on the 16th story; I should be able to bring my current floor layout up to code by leaving that room they added?

If that's the case, I'm not sure why this architect/contractor proposal I received told me the only way they could help me would be by demolitioning the room since it doesn't have direct access to the exterior; without first looking into this further.

Thank you, again!

 

[cda]

Oh ok, thank you...I'll try reading the IBC Section 1030 (2018 IBC) just to familiarize myself better about this.



Oh ok, so since I'm on the 16th story; I should be able to bring my current floor layout up to code by leaving that room they added?

If that's the case, I'm not sure why this architect/contractor proposal I received told me the only way they could help me would be by demolitioning the room since it doesn't have direct access to the exterior; without first looking into this further.

Thank you, again!

If that's the case, I'm not sure why this architect/contractor proposal I received told me the only way they could help me would be by demolitioning the room since it doesn't have direct access to the exterior; without first looking into this further.


Slow day, needs the money

We only cost $40 for all this great advice!!! If you would become a forum supporting person/ "Sawhorse"

 

[RLGA]

You may have to look at IBC Section 1202.5 on natural ventilation. You may have to verify the opening to the adjoining space(s) to ensure that the opening is at least 8% of the floor area, but not less than 25 sq. ft.

 

[my250r11]

Besides, EERO's, when required, are only applicable to stories below the fourth story and basements. At the 16th story, an EERO is absolutely not required.

FYI- This means you are not allowed to build a building that high without at least 2 exits

 

[Dali748]

FYI- This means you are not allowed to build a building that high without at least 2 exits

So in a highrise building like this, the hallway stairs and elevator would constitute as 2 exits?