Hotel Definition

[jpowell]

Hi guys,
I hate to even ask this question, but can anyone help me with the IBC definition of Hotel? We are having a somewhat ridiculous discussion with lawyers and city planners, revolving around the question of short-term rentals versus hotels. I am trying to find a path in the IBC to show that this particular project is considered a hotel.

Here are some quick details. There is a historic business that the fire marshal and I have designated as an R-1 Hotel. It is a bunch of bungalows on a single lot. It functions as a hotel, with a central phone number, reservation system, etc. Definitely transient. The rooms are separate "cabins". To muddy the waters, each bungalow could technically be called a dwelling because it has sleeping, bathing, and cooking facilities.

Part of my thought process is looking all the various definitions and occupancy types in the IBC. Unfortunately, Hotel is not defined. It seems obvious what a hotel is, but I am wondering if anyone has encountered a similar situation, or has a good method to define it.

I am on the 2018 IBC, but it probably doesn't really matter for the purposes of this discussion.
Thanks in advance,
John

 

[mtlogcabin]

Here is your state definition. If you have more than 10 "cabins" then it is a hotel (R-1 occupancy)

Section 39-1801 – Idaho State Legislature

legislature.idaho.gov

TITLE 39
HEALTH AND SAFETY
CHAPTER 18
HOTELS AND FOOD VENDING ESTABLISHMENTS — REGULATIONS AND INSPECTION
39-1801. Definitions. As used in this chapter:
(1) "Guest" means any person who is registered in a hotel, or who is in the hotel and intends to register, and each person in such hotel who is present in the hotel with the registrant at the registrant’s invitation.
(2) "Hotel" means every building or structure kept, used, maintained or advertised as an inn, hotel or public lodging house, or place where sleeping accommodations are furnished for hire to transient guests, whether with or without meals, in which more than ten (10) rooms are used for the accommodation of such guests.
(3) "Hotel day" means a period which commences at three o’clock in the afternoon of each day and which concludes at three o’clock the following afternoon or at the posted checkout time of the following day in the event the guest is checking out, whichever occurs first. Rates per day for furnished rooms shall mean for such period, or any part thereof, following the time of acceptance of a room by the guest.
(4) "Hotelkeeper" means the owner, operator, management company, proprietor, keeper, manager or lessee of a hotel.
History:
[39-1801, added 1991, ch. 296, sec. 2, p. 780.]

 

[RLGA]

There is no IBC definition of "Hotel"; it is either a transient or nontransient residential building. Only "transient" is defined, and anything that is not covered by the "transient" definition is considered "nontransient."

If customers usually occupy the buildings for 30 days or less, then they are "transient"; thus, Group R-1 applies, whether they are all in a single building or spread out as individual units on the same lot.

However, since these "cabins" are technically "dwelling units" by IBC definition, the Group R-1 occupancy would not apply since that occupancy group is described as "containing sleeping units" with no mention of dwelling units. Thus, we move to Group R-2 occupancies.

Group R-2 occupancies are described as having more than two "dwelling units" (you can check that box). They are also described as "the occupants are primarily permanent in nature," which means they are not required to be. Thus, this could be applied to buildings with occupants that may also have "transient" occupants (you could reluctantly check that box, too). The list of examples (which is not exhaustive by any stretch of the imagination) includes "Vacation timeshare properties." Although your project is not a timeshare property, it has similar characteristics to one (e.g., timeshares could be a detached dwelling unit, people may occupy the timeshare for less than 30 days, the people using the timeshare may not be the same families that own it, etc.).

Group R-3 occupancies do not apply since there are more than two "dwelling units," and Group R-4 occupancies do not apply since the occupants are not receiving custodial care.

Therefore, based on the above, I would classify the project as a Group R-2 occupancy.

One of the main reasons I would not classify it as a Group R-1 occupancy is the elevated risk that these occupancies possess: many people sleeping within the same building who are unfamiliar with their surroundings. In your situation, only a few people are sleeping within the same building who are unfamiliar with their surroundings. Should something happen in one cabin, it would unlikely create a detrimental situation for the other cabins and their occupants.

 

[Mr. Inspector]

Seems like the cabins comply with the following to me:

2018 IRC:

R101.2 Scope. The provisions of this code shall apply to the
construction, alteration, movement, enlargement, replacement,
repair, equipment, use and occupancy, location,
removal and demolition of detached one- and two-family
dwellings and townhouses not more than three stories above
grade plane in height with a separate means of egress and
their accessory structures not more than three stories above
grade plane in height.
Exception: The following shall be permitted to be constructed
in accordance with this code where provided with
a residential fire sprinkler system complying with Section
P2904:
1. Live/work units located in townhouses and complying
with the requirements of Section 419 of the
International Building Code.
2. Owner-occupied lodging houses with five or fewer
guestrooms.
3. A care facility with five or fewer persons receiving
custodial care within a dwelling unit.
4. A care facility with five or fewer persons receiving
medical care within a dwelling unit.
5. A care facility for five or fewer persons receiving
care that are within a single-family dwelling.

 

[steveray]

FYI...They "fixed" this mistake in 2024 IBC...

However, since these "cabins" are technically "dwelling units" by IBC definition, the Group R-1 occupancy would not apply since that occupancy group is described as "containing sleeping units" with no mention of dwelling units. Thus, we move to Group R-2 occupancies.

Otherwise you could not have a hotel room with a kitchenette in it...And transient is really the "key" to R1

 

[RLGA]

FYI...They "fixed" this mistake in 2024 IBC...


Otherwise you could not have a hotel room with a kitchenette in it...And transient is really the "key" to R1

You're correct; however, the OP stated they are in the 2018 edition, so I went with that. However, the OP could use the 2024 IBC as support for a code modification to use the Group R-1 occupancy classification.

The Airbnb/Vrbo thing has turned this whole "transient" versus "nontransient" thing on its head from a building code perspective. I believe that a large number of people sleeping within the same large building is a higher risk than a large number of people sleeping in smaller detached units on the same property, whether transient or not. Because in this day and age of Airbnb/Vrbo, you cannot predict when a residential property will have transient or nontransient occupants. I say, let's assume all occupants are transient and consider the risk based on the number of occupants and the size of the structure.

 

[e hilton]

However, since these "cabins" are technically "dwelling units" by IBC definition, the Group R-1 occupancy would not apply since that occupancy group is described as "containing sleeping units" with no mention of dwelling units. Thus, we move to Group R-2 occupancies.

Why do you say they don’t contain sleeping units? Isn’t that a bedroom, or an area with a bed?

 

[Paul Sweet]

A sleeping unit can contain either a bathroom or kitchen(ette), but not both. A dwelling unit contains both.

 

[RLGA]

Why do you say they don’t contain sleeping units? Isn’t that a bedroom, or an area with a bed?

Sleeping rooms within dwelling units are not considered sleeping units per the definition of a sleeping unit.

 

[jpowell]

Some great thoughts here. I would not call them R-2 because of the transient occupancy.

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

Even though these cabins do not meet the definition of sleeping units, I am inclined to call them R-1 because of R-1's emphasis on transient occupancy. Compounding that, this project is operated like a hotel, and the cabins function as hotel rooms.

R-3 reads where the occupants are primarily permanent in nature, so I don't like R-3.

Our city code won't allow multiple dwellings on one lot, so you can build one house (or Short-term Rental), and one ADU if approved.

I really appreciate all of the back and forth, because I will need to have these same points and counter-points with my department head and our attorney. It helps work through the issues.