Does the code require a certificate of occupancy when changing from 3 to 4 units?

[deshunda0]

In Philadelphia, in 2021, previous owner, secured a zoning permit to change from three units to four units in a residential apartment building.

The previous owner never pursued a certificate of occupancy, or an updated rental license, stating that the building is now suitable to rent for four units instead of three.

Fast forward to 2024 when the current owner cured the existing exterior code violations and received a rental license. L&I advised that the current owners could get the license for four units because of the 2021 zoning permit and the current owners accepted a four unit rental license in March 2024.

On June 10, 2024, current owners received a letter by mail stating that the rental license has been revoked because there was no certificate of occupancy on file related to the 2021 zoning permit for four units. Online, the revocation date is not listed, but shouldn’t it be the June 10th letter date? Currently, it appears as if the license was revoked much earlier, or that the current owners have been operating out of compliance, which is not true.

Is changing from three units to four units defined as a “change of use” per the international building code (IBC) and Philadelphia code?

Is a certificate of occupancy required when changing from 3 to 4 units?

The building remains as it was prior to 2021. The change from three units to four does not require any construction in the building has an existing fire alarm system that is connected to the fourth unit already. The only known requirement for the fourth unit would be a kitchenette.

However, with the replication of the rental license, should the current owners request to return to three units or is it easier to put the kitchenette in now, go to the appeal, hearing, and advise that the unit did not require any construction and it’s suitable for inspection to be approved for certificate of occupancy for four units?

Are there other requirements for the certificate of occupancy for four units? Is the sprinkler system require?

Will L&I require inspection even returning to three units? Does L&I have other requirements to revert to three units?

The owners don’t want to open up a can of worms, so which option is the fastest and lease costly?

 

[steveray]

I'm doubting you can add a unit without having a building and/ or plumbing and/ or electrical and/or HVAC permit....

 

[deshunda0]

Thanks Steve Ray. However, the unit was existing in the building and no construction or other changes are required. So it’s a bit confusing why the requirements that you list would be needed? Thanks again for responding and any insight would be helpful as to why those requirements would be needed when you needed this as a room in the building. It is an efficiency.

 

[steveray]

Thanks Steve Ray. However, the unit was existing in the building and no construction or other changes are required. So it’s a bit confusing why the requirements that you list would be needed? Thanks again for responding and any insight would be helpful as to why those requirements would be needed when you needed this as a room in the building. It is an efficiency.

So there was a unit that had an extra bathroom and kitchenette? And there was a fire rated doors and walls sectioning it off from the rest of the unit(s)?

 

[deshunda0]

SteveRay, there is no kitchenette, but it has a bathroom with a door, it had a fridge, and a front door that locks and sections the unit off from the other units.

 

[Yankee Chronicler]

A "new" dwelling unit should receive its own certificate of occupancy.

However, if it doesn't have even a kitchenette, how does it meet the definition of dwelling unit?

 

[Joe.B]

SteveRay, there is no kitchenette, but it has a bathroom with a door, it had a fridge, and a front door that locks and sections the unit off from the other units.

For it to be considered an independent dwelling unit, it would have to have its own kitchen (or kitchenette), and a complete fire separation from the other units. You would need to get a permit to remove the door(s), complete the fire separation, and add a kitchen(ette), and any other work that was needed.