Dormitory, Boarding House, or apartment building, live/work unit

[achase13126]

I am proposing to build a temporary, seasonal, transient, housing unit for 25 non-immigrant legal foreign workers. I am debating with he local code enforcement what code this falls under. Hoping I can get some feedback here as to what this should be.

Building, This is an existing storage building for supporting our business operations, it has a section of the building used as short term sleeping /living area for transient employees visiting our offices. No fee is charged to the occupants and they typically stay here for a few days to several weeks. There is a single bath and kitchen with two bedrooms. We are proposing an expansion that would create a single large bedroom/bunkroom to house 25 foreign workers in the US on legal work Visa's. They will occupy the building for a few weeks at a time as they are assigned out to jobs around the country. The bath will be expanded to a single room with multiple showers, toilets, sinks, a single large kitchen and common living space. It will still be attached to a storage area garage. visa type

So in short
25 unrelated occupants
Transient in nature
No fee charged and owner is not a resident
Not regulated by Migrant housing standards because of the Visa Type
Shared sleeping quarters in one room
Shared Kitchen, living space, locker room style bathroom

What type of occupancy is this and what should I expect to have above what an ordinary single family house would have?

 

[Yankee Chronicler]

2021 IBC:

310.2 Residential Group R-1. Residential Group R-1 occupancies
containing sleeping units where the occupants are
primarily transient in nature, including:

[BG] TRANSIENT. Occupancy of a dwelling unit or sleeping
unit for not more than 30 days.

310.3 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
Congregate living facilities (nontransient) with more than
16 occupants
Boarding houses (nontransient)
Convents
Dormitories
Fraternities and sororities
Monasteries
Hotels (nontransient)
Live/work units
Motels (nontransient)
Vacation timeshare properties

The key is how long the workers will stay. If under 30 days, it's an R-1. If more than 30 days, it's an R-2.

If some may stay less than 30 days and some may stay more than 30 days, you have a non-separated mixed use and you design according to whichever has the more stringent requirements. (Which is probably the R-1)

This will be a change of use and occupancy under the code and will require a building permit. I am not familiar with New York's licensing laws, but I would anticipate that you will be required to hire a licensed architect to prepare the construction documents.

 

[achase13126]

2021 IBC:







The key is how long the workers will stay. If under 30 days, it's an R-1. If more than 30 days, it's an R-2.

If some may stay less than 30 days and some may stay more than 30 days, you have a non-separated mixed use and you design according to whichever has the more stringent requirements. (Which is probably the R-1)

This will be a change of use and occupancy under the code and will require a building permit. I am not familiar with New York's licensing laws, but I would anticipate that you will be required to hire a licensed architect to prepare the construction documents.

Thank you for the help. I have a part time licensed architect that prepared drawings but under the assumption it would be "regular building code" not a R1 or R2. My use is such that the employees will come and go. Report to an out of state job for a few weeks then return so did they move out for two weeks or go away from home for two week would be the question. I'm trying to get to a less restrictive code so it sounds like calling them residents for more than 30 days R1 is likely where I want to be. Is that the best I can push for? Any thoughts on the major differences between R1 and regular single family house building? Sprinkler system, any other big hurdles?

 

[TheCommish]

You are building a motel which is a R-1 use group

 

[walker.t]

but under the assumption it would be "regular building code" not a R1 or R2

Not sure on what that assumption is based, R-1 and R-2 are occupancy classifications that are part of the “regular building code.”

I'm trying to get to a less restrictive code

You could ask your architect to investigate the requirements of the existing building code in effect in your jurisdiction, there might be some advantages there.

it sounds like calling them residents for more than 30 days R1 is likely where I want to be

Call them what they are, not what makes things easier. I don’t think you’re going to be able to force anyone to say for any length of time unless you’re building a prison.

Any thoughts on the major differences between R1 and regular single family house building?

Tons, the main thought is that “regular single family house building” would be under the residential code, the project you described falls under the commercial building code.

Sprinkler system, any other big hurdles?

1. If you’re keeping storage in the building, that is mixed occupancy which may have required fire-rated walls separating the occupancies, might not need separations if the building qualifies for nonseparated occupancy.
2. Even if it’s nonseparated occupancy, you’ll need to separate the sleeping/dwelling units from other parts of the building with fire-rated construction per IBC 420.2.
3. This is not related to building codes, but confirm your zoning allows for the R-1 or R-2 use, I assume so if you already have such a sleeping area in the building.
4. The building will need to be sprinklered per IBC 903.2.8.
5. Not related to the building code, but confirm how the change of use and adding dwelling units affect requirements for on-site parking.

 

[Yankee Chronicler]

Thank you for the help. I have a part time licensed architect that prepared drawings but under the assumption it would be "regular building code" not a R1 or R2.

I don't even know what that means. R-1 and R-2 are only two of several occupancy types in the "regular" building code. Residential uses and occupancies alone have four different classifications. More importantly, perhaps, New York State adopts the International Existing Building Code (IEBC) along with the International Building Code (IBC). Since you are dealing with an existing building, any design and code analysis must begin with the IEBC. If your architect doesn't know this, I respectfully suggest that you need a different architect.

My use is such that the employees will come and go. Report to an out of state job for a few weeks then return so did they move out for two weeks or go away from home for two week would be the question. I'm trying to get to a less restrictive code so it sounds like calling them residents for more than 30 days R1 is likely where I want to be. Is that the best I can push for? Any thoughts on the major differences between R1 and regular single family house building? Sprinkler system, any other big hurdles?

Whether they move to a different place in New York for two weeks or return to their home country for two weeks before returning is immaterial. If they stay in your facility for 30 days or less PER STAY, they are transient. If they stay for 31 days or more PER STAY, they are "permanent."

What you describe is clearly not a single family dwelling, so you can forget about that.