Duplex, adding 3rd apartment

[mtlogcabin]

The question is: Can the applicant's design professional find it.......... then prove it and comply with it

jar already told the them to sprinkler.

Change of use, IRC to IBC, 3rd unit makes it commercial. Sprinkler the building.

Sounds like a BO saying "do this" instead of lets see what he code says

 

[mtlogcabin]

As a code official you should start in the correct chapter and not just jump to a chapter that is applicable to new buildings.

[F] 903.2 Where required.

Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.12.

This is not a new building so Chapter 9 does not automatically apply.

3401.1 Scope.

The provisions of this chapter shall control the alteration , repair, addition and change of occupancy of existing structures.

SECTION 3408

CHANGE OF OCCUPANCY

3408.1 Conformance.

No change shall be made in the use or occupancy of any building that would place the building in a different division of the same group of occupancies or in a different group of occupancies, unless such building is made to comply with the requirements of this code for such division or group of occupancies. Subject to the approval of the building official , the use or occupancy of existing buildings shall be permitted to be changed and the building is allowed to be occupied for purposes in other groups without conforming to all the requirements of this code for those groups, provided the new or proposed use is less hazardous, based on life and fire risk, than the existing

use.

What does the BO use to determine this?

SECTION 3412

COMPLIANCE ALTERNATIVES

3412.1 Compliance.

The provisions of this section are intended to maintain or increase the current degree of public safety, health and general welfare in existing buildings while permitting repair, alteration , addition and change of occupancy without requiring full compliance with Chapters 2 through 33, or Sections 3401.3, and 3403 through 3409, except where compliance with other provisions of this code is specifically required in this section.

3412.2.1 Change in occupancy.

Where an existing building is changed to a new occupancy classification and this section is applicable, the provisions of this section for the new occupancy shall be used to determine compliance with this code.

3412.3 Acceptance.

For repairs, alterations, additions and changes of occupancy to existing buildings that are evaluated in accordance with this section, compliance with this section shall be accepted by the building official .

After the DP does the analysis as outlined in Section 3412.6 Evaluation process thru 3412.6.19 and provides the information as required in 3412.7, 3412.8 and 3412.9 it either passes or fails. The BO would only require the sprinkler system if the DP included it to achieve a passing score. The DP could have included a new NFPA 13R in the Evaluation and still not have a passing score so the permit would be denied for the tri-plex.

Don't just assume a sprinkler system is automatically required by the IBC. Most DP's do not know where to start with existing buildings and if you can help them get started it may go along way in building proffessional working relationships.

 

[FM William Burns]

MT,

Agreed and thanks for the elaboration (as necessary) but it was closing time and I just cut to the chase.......I agree with the entire linkage

 

[Yankee]

and the building is allowed to be occupied for purposes in other groups without conforming to all the requirements of this code for those groups, provided the new or proposed use is less hazardous, based on life and fire risk, than the existing use.[/size][/font]

So perhaps a monitored fire alarm system throughout, possibly increased separation depending on what's there already, would be seen as a less hazardous situation than what existed before

 

[mtlogcabin]

2006 IEBC

CHAPTER 9

CHANGE OF OCCUPANCY

SECTION 901

GENERAL

901.1 Scope.

The provisions of this chapter shall apply where a change of occupancy occurs, as defined in Section 202, including:

1. Where the occupancy classification is not changed, or

2. Where there is a change in occupancy classification or the occupancy group designation changes. #2 is applicable

901.3 Change of occupancy classification.

Where the occupancy classification of a building changes, the provisions of Sections 902 through 912 shall apply. This includes a change of occupancy classification within a group as well as a change of occupancy classification from one group to a different group. Every body agrees this went from an R-3 to a R-2 for the whole building.

912.1.1 Compliance with Chapter 8.

The requirements of Chapter 8 shall be applicable throughout the building for the new occupancy classification based on the separation conditions set forth in Sections 912.1.1.1 and 912.1.1.2.

912.1.1.1 Change of occupancy classification without separation.

Where a portion of an existing building is changed to a new occupancy classification and that portion is not separated from the remainder of the building with fire barriers having a fire-resistance rating as required in the International Building Code for the separate occupancy, the entire building shall comply with all of the requirements of Chapter 8 applied throughout the building for the most restrictive occupancy classification in the building and with the requirements of this chapter. No fire barriers between tenants only fire partitions so Chapter 8 is applicable to the whole building.

804.1 Automatic sprinkler systems.

Automatic sprinkler systems in accordance with Section 704.2 shall be provided in all work areas. So as docgj pointed out we should be in IEBC 704.2

704.2.2 Groups A, E, F-1, H, I, M, R-1, R-2, R-4, S-1 and S-2.

In buildings with occupancies in Groups A, E, F-1, H, I, M, R-1, R-2, R-4, S-1, and S-2, work areas that include exits or corridors shared by more than one tenant or that serve an occupant load greater than 30 shall be provided with automatic sprinkler protection where all of the following conditions occur: Will more than one tenant share an exit or corridor? Will it serve an occupant load greater than 30? If so then ALL the following conditions shall occur.

1. The work area is required to be provided with automatic sprinkler protection in accordance with the International Building Code as applicable to new construction; Yes

2. The work area exceeds 50 percent of the floor area; and Don’t know

3. The building has sufficient municipal water supply for design of a fire sprinkler system available to the floor without installation of a new fire pump. More than likely but if on a well no sprinklers.

Exception: Work areas in Group R occupancies three stories or less in height.

Jar’s post #22 indicates it is 2 stories so no sprinkler required.

I am not real familar with the IEBC so if I missed something and that may have lead to the wrong conclusion PLEASE correct me.

 

[Bootleg]

If an owner of a duplex lived in one unit can he rent a room out in the unit he lives in?

 

[jar546]

2009 IEBC states the following directly concerning fire sprinklers:

912.2 Fire protection systems. Fire protection systems shallbe provided in accordance with Sections 912.2.1 and 912.2.2.

912.2.1 Fire sprinkler system. Where a change in occupancy

classification occurs that requires an automatic fire

sprinkler system to be provided based on the new occupancy

in accordance with Chapter 9 of the International

Building Code, such system shall be provided throughout

the area where the change of occupancy occurs.

 

[jar546]

They can comply.

They can file an appeal if they don't agree with my interpretation of the requirement.

 

[Bootleg]

If an owner of a duplex lived in one unit can he rent a room out in the unit he lives in?

Would the above be a change of occupancy?

 

[mtlogcabin]

I saw that portion and thought it applies to a change of occupancy classification from say a "B" to an "R" not a change of occupancy which would occur within a occupancy group say a "R-3 to a "R-2".

There are occupany classifications A,B,E,F,H,I,M,R,S,U.

Occupancy Groups within the A,F,H,I,R,and S classifications.

I don't have the commentary at home so I will look it up on Monday and see if it may shed some light.

 

[jar546]

The building was a two family dwelling that was covered under the IRC. It is now intended to be a 3 family dwelling which is covered under the IBC.

901.1 Scope. The provisions of this chapter shall apply where achange of occupancy occurs, as defined in Section 202, including:

1. Where the occupancy classification is not changed, or

2. Where there is a change in occupancy classification or

the occupancy group designation changes.

CHANGE OF OCCUPANCY. In the purpose or level ofactivity within a building that involves a change in application

of the requirements of this code.

 

[mtlogcabin]

901 is General and does not include 912 it is to be used when there is a Change in Occupancy Classification.The IBC mentions one & two family dwelling over 30 times and classifies them as an R-3 occupancy within the Residential Occupancy Classification

901.2 Change in occupancy with no change of occupancy classification.

A change in occupancy, as defined in Section 202, with no change of occupancy classification shall not be made to any structure that will subject the structure to any special provisions of the applicable International Codes, including the provisions of Sections 902 through 911, without the approval of the code official. A certificate of occupancy shall be issued where it has been determined that the requirements for the change in occupancy have been met.

904.1 General.

Fire protection requirements of Section 912 shall apply where a building or portions thereof undergo a change of occupancy classification. The occupancy classification is not changing it is an "R"

SECTION 912

CHANGE OF OCCUPANCY CLASSIFICATION You can't use section 912

Even my first analysis of the IEBC and going to Chapter 8 was wrong because I used 912 to get there. There was no code path to get to 912 in the 1st place which is where the requirement to install sprinklers is.

 

[jar546]

The definition of change of occupancy is what directs you to chapter 9 because chapter 9 is the chapter that gets used in addition to the renovation levels when there is a change of occupancy that meet the definition of change of occupancy.

 

[jar546]

So according to you, I can build duplexes then after I get a c/o I can then convert the upstairs on both sides to apartments making it a 4 unit and not have to sprinkler it. Yet if i want to build a 4 unit apartment building, I have to sprnkler it from the beginning.

This is not a loophole.

 

[mtlogcabin]

Under the 2009 codes in your state a new duplex would have to be sprinklered during construction so it is a moot question.

101.5 states the applicant gets to choose which way he wants to comply. Either Chapter 3 or Chapters 4 thru 12 or Chapter 13 which is the same as the comliance method in IBC 34 that I outlined above.

In some states yes it could be a way to avoid sprinklers. In my state sprinkleres are not required below 8 units.

I wonder if there is a commentary on the IEBC that might shed some light on this scenario.

 

[jar546]

PA did not adopt Chapter 1 of the IBC, we have our own for that. For uncertified buildings, it is the choice of the BCO and I always go IEBC

 

[Mr. Inspector]

The BCO can not chose, the designer must, and they must state what codes they are using on the plans.

 

[jar546]

The BCO can not chose, the designer must, and they must state what codes they are using on the plans.

yes, except uncertified buildings which allows us to decide.

 

[brudgers]

Under the 2009 codes in your state a new duplex would have to be sprinklered during construction so it is a moot question.

13D can be used for a two family dwelling (there's no such thing as a duplex).

An R2 occupancy requires a 13R or 13 system - 13D not allowed.

 

[Yankee]

901.2 Change in occupancy with no change of occupancy classification.

A change in occupancy, as defined in Section 202, with no change of occupancy classification shall not be made to any structure that will subject the structure to any special provisions of the applicable International Codes, including the provisions of Sections 902 through 911, without the approval of the code official. A certificate of occupancy shall be issued where it has been determined that the requirements for the change in occupancy have been met.

904.1 General.

Fire protection requirements of Section 912 shall apply where a building or portions thereof undergo a change of occupancy classification. The occupancy classification is not changing it is an "R"

SECTION 912

CHANGE OF OCCUPANCY CLASSIFICATION You can't use section 912

Even my first analysis of the IEBC and going to Chapter 8 was wrong because I used 912 to get there. There was no code path to get to 912 in the 1st place which is where the requirement to install sprinklers is.

IMO a change in occupancy is either a change within the group (R3 to R2) or a change to some other group. think of it this way -- you wouldn't expect to go from an R3 to an R1 without fire protection changes.

 

[mtlogcabin]

PA did not adopt Chapter 1 of the IBC, we have our own for that. For uncertified buildings, it is the choice of the BCO and I always go IEBC

Did you adopt chapter 1 of the IEBC that is what I referenced which state it is the designer/owners choice. IT is clear when reading the IBC there are 3 different directions that can be taken and they are not ment to pick and choose from.

 

[TJacobs]

If the 3 units are side-by-side foundation to roof constructed as townhouses and properly separated then it belongs in the IRC. Anything else would be IBC R-2 sprinklers required.

 

[mtlogcabin]

IMO a change in occupancy is either a change within the group (R3 to R2) or a change to some other group. think of it this way -- you wouldn't expect to go from an R3 to an R1 without fire protection changes.

That is what most of us have been taught under the legacy codes but the I-Codes have change traditional meanings in a few areas.

The IEBC refers in various sections to a

"A change in occupancy" which is defined in the IEBC as

CHANGE OF OCCUPANCY. In the purpose or level of activity within a building that involves a change in application of the requirements of this code.

"A change of occupancy within a group" and

"A change of occupancy classification"?

 

[Yankee]

That is what most of us have been taught under the legacy codes but the I-Codes have change traditional meanings in a few areas. The IEBC refers in various sections to a

"A change in occupancy" which is defined in the IEBC as

CHANGE OF OCCUPANCY. In the purpose or level of activity within a building that involves a change in application of the requirements of this code.

"A change of occupancy within a group" and

"A change of occupancy classification"?

The level of activity has changed as there are now three dwelling units instead of two.

It sounds to me like you are saying that an "change in occupancy classification" means that a change within a group ("R" group) is not a change, , , I am saying that it IS a change in classification.