Existing Basement Getting Inspected - Ceiling Height

[dmatthewsbnd251]

I operate an AirBnB and as part of a new ordinance my township will be inspecting the area that I use. My basement is where people stay. Will I pass the inspection?

- House built in 1937
- Basement finished by previous owner in ????
- Ceiling actual height, a good bit over 7 ft
- Height at beams is almost exactly 7ft
- Height with drop ceiling is 6' 8''

Will I pass inspection or will I have to get rid of the drop ceiling?

 

[dmatthewsbnd251]

This is PA by the way

 

[ICE]

I don’t know about Pennsylvania code but there will be something similar to this:

Basements and sleeping rooms below the fourth story above grade plane shall have not fewer than one exterior emergency escape and rescue opening in accordance with this section. Where basements contain one or more sleeping rooms, emergency escape and rescue openings shall be required in each sleeping room, but shall not be required in adjoining areas of the basement. Such openings shall open directly into a public way or to a yard or court that opens to a public way.

 

[Mr. Inspector]

If basement was finished before 2004 there was no construction code and unless something structural or a bedroom was added in the basement in most places in PA a permit is not needed. Do you have a construction permit and what is it for? Building code inspectors don't inspect unless there is construction and a permit and then they just look at the new construction.

 

[fatboy]

I hate the expression, but are they "grandfathering" anything in?

Here' when we are dealing with, sometimes 100 yr old homes, we tend to be more forgiving.

 

[Sifu]

Sounds less like a building code inspection and more like a maintenance code inspection, looking for minimum life safety such as CO, smoke and means of egress, EERO's etc. I would check the ordinance and see if you can find what they are inspecting for. Current codes require 7', with a reduction to 6'4 for obstructions such as beams or ducts, so you might get some resistance at 6'8. However, if 2018 IRC appx. J for existing structures has been adopted it allows 6'8 for habitable spaces in basements. Even if not adopted, I would be making that case.

 

[dmatthewsbnd251]

- It will be an inspection per a requirement of the new ordinance that any short-term rented spaces are to be inspected

- I do not know when the basement was finished, it was done by a previous owner and I do not have any paperwork regarding this. I purchased the home in 2016

- The basement actually has a door that exists to the outside. It is almost like an efficiency apartment, bed, dining, kitchenette all in one area. When describing this, the code enforcement officer described it as a "separate dwelling unit" although I do not know if that's actually true in any official sense. From what I read I'm not sure if that is necessarily a "requirement" that it must be, but he just seemed kind of insistent that it "was"..? I mean, if I don't want to apply for that not sure I necessarily have to just because it looks and feels like a separate unit. From what I can tell this would make a difference in the number of ways to egress to the outside as a separate unit. Even if I have to put in a well, fine, I will.

I'm fine throwing reasonable amounts of money at the area. My biggest concern is the ceiling height as that's not really something I can reasonably throw money at if it does not comply.

 

[dmatthewsbnd251]

Oh for some context, short-term rentals would likely have otherwise been banned if I had not attended board of commissioners meetings myself. This discussion with code enforcement was between the officer and myself at this meeting, not a terribly in-depth discussion of my property. It's a very precarious thing. The board of commissioners actually is in favor of preserving short-term rentals but code enforcement is not. The ordinance being passed was basically carved out around my specific situation (I live there full-time, live in an R2), but that doesn't mean code enforcement might not still come down hard on me. In fact I think that he will due to a bit of a grudge by not immediately applying for a variance when first contacted. I did my own homework and knew I was within the current ordinance and did not need to do so and spoke up, legal precedent and such. I practically became a lawyer over this aspect of the whole thing.

 

[ICE]

If the IRC as shown below is the code that applies, the basement as is does not comply. Rick pointed out that there was no code adopted prior to 2004. If the basement was finished out with the current configuration of rooms prior to 2004 there is the distinct possibility that they are legal. However that's not to say that the rooms will pass muster in light of a new ordinance that regulates an AirBnB.

A 6'8" ceiling height compared to a 7' ceiling height seems to be not such a huge difference as to ruin the ability to make a buck. When considering that a basement that is not habitable space is allowed to be 6'8", the strict application of 7' becomes arbitrary.

The lowest ceiling that I am comfortable with is 9' ....but we are not talking about a space where someone will be living. It is a short term occupancy. I could put up with 6'8" for a few days. You know, refrigerators don't have a latch for a reason....I get that but the 6'8" really should be left up to personal choice. Who are we to say that someone can't choose to live in a home with a lower ceiling height. If I can refuse to have less than 9' ceilings I should be able to accept 6'. It is my choice. You build what suits you and I will buy what suits me.

R305.1 Minimum height. Habitable space, hallways and portions of basements containing these spaces shall have a ceiling height of not less than 7 feet (2134 mm). Bathrooms, toilet rooms and laundry rooms shall have a ceiling height of not less than 6 feet 8 inches.

Exceptions:

1. For rooms with sloped ceilings, the required floor area of the room shall have a ceiling height of not less than 5 feet and not less than 50 percent of the required floor area shall have a ceiling height of not less than 7 feet.
2. The ceiling height above bathroom and toilet room fixtures shall be such that the fixture is capable of being used for its intended purpose. A shower or tub equipped with a showerhead shall have a ceiling height of not less than 6 feet 8 inches above an area of not less than 30 inches by 30 inches at the showerhead.
3. Beams, girders, ducts or other obstructions in base- ments containing habitable space shall be permitted to project to within 6 feet 4 inches (1931 mm) of the finished floor.

R305.1.1 Basements. Portions of basements that do not contain habitable space or hallways shall have a ceiling height of not less than 6 feet 8 inches.

Exception: At beams, girders, ducts or other obstructions, the ceiling height shall be not less than 6 feet 4 inches from the finished floor.

 

[dmatthewsbnd251]

Okay and I did do some research on options. The bottom of the beams is about 7' 2'', just barely enough to use something like this:

Installing Ceiling Tiles | Ceilings | Armstrong Residential

Learn all about installing surface mount ceilings tiles. Watch videos, see photos, and read articles.

www.armstrongceilings.com

So I might be able to fix it if held to the letter of this. Might be a pipe or something in the way, but I'll pay a plumber to do the needful. Frankly the income is worth the investment. I don't know how I could show one way or another when it was actually finished, but I suspect it was after 2004 and at this point there really is no proof or way to know.

Crossing my fingers he just lets it go. I mean I saw that Minnesota actually carves out an exception for existing homes at a much lower height than 7' for this very reason. I was hoping someone knew of some carve out for PA I had not found but I guess not.

 

[my250r11]

When I do STRI(short term rental inspections) I would be in hot water if if I tried to force you to change it. As others have said it is an existing situation. I personally would except down to 6' 4". Less than that we would have to try to find a compromise. Having a door directly out will cover the EERO so you won't need the window well.

 

[ICE]

When I do STRI(short term rental inspections) I would be in hot water if if I tried to force you to change it. As others have said it is an existing situation. I personally would except down to 6' 4". Less than that we would have to try to find a compromise. Having a door directly out will cover the EERO so you won't need the window well.

Unless I misunderstood, there are sleeping rooms that do not have an EERO.

 

[dmatthewsbnd251]

Unless I misunderstood, there are sleeping rooms that do not have an EERO.

It is a single room, kind of like an efficiency apartment. There is a kitchenette, a table for dining, and two beds. It has a separate entrance, it's own bathroom and shower, and the laundry is accessible too. Does this make a difference?

 

[ICE]

It is a single room, kind of like an efficiency apartment. There is a kitchenette, a table for dining, and two beds. It has a separate entrance, it's own bathroom and shower, and the laundry is accessible too. Does this make a difference?

Yes that make a difference. The door out is the EERO. Artificial light and mechanical ventilation take the place of windows. So noe window well is required however, he ambiance would be improved if at least one window was provided.

 

[Sifu]

Does PA have an existing building code or an appendix to the residential code? As I mentioned, there is room using the existing building provisions in the IRC and the IEBC.

 

[dmatthewsbnd251]

I also think it matters if the basement is considered a separate dwelling unit (2 forms of egress to the outside) or just a finished basement (only one), or so I think, but not sure. I mean the code enforcement guy at the board of commissioners meeting just said "it is" a separate dwelling, like it must be but did not provide some sort of reason I would have to apply for it to be one. I mean, I do my laundry in my basement and keep computer equipment in there too. For the most part it is private to my guests but it isn't like it isn't still my home and some parts of it are shared, even if I do politely ask before entering as needed, you know, cause people sleep and change clothes in there. Sometimes I block it off and just use it for personal reasons too, it is my house you know. Is there an obvious reason it would have to be a separate dwelling unit?

Not only a separate door, but there are windows too, but a measured and it doesn't meet the requirements for square footage based on floor space. It's those little block kinds, but they do have a center area with a flap thing you can open for outside air too. I honestly don't know what to expect from this inspection.