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Intended to be occupied as a residence

1

100eyeballs

Bronze Member
Joined
Sep 7, 2011
Messages
45
Location
Michigan
Is there a listing of examples of what does and doesn't qualify to meet the definition of a dwelling or sleeping unit that can or will be used all or part of the time as the occupant's place of abode?
Unfortunately the term "abode" is not defined in the building code.
Use of Type B units hinges on this definition.
Does a "place of abode" mean someone gets their mail?
Does it mean they have a cooking unit?
Does it simply mean there is a bed?
Online dictionary says it can mean a residence or a place of extended stay.
 
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if it fits the above it it a dwelling. Asking if it is and an abode is like asking if a multi family town house with 5 units or and 5 unit apartment building is a condo, condo is from of ownership not the way the building code defines the building.
 
100eyeballs said:
Is there a listing of examples of what does and doesn't qualify to meet the definition of a dwelling or sleeping unit that can or will be used all or part of the time as the occupant's place of abode?
Unfortunately the term "abode" is not defined in the building code.
Use of Type B units hinges on this definition.
Does a "place of abode" mean someone gets their mail?
Does it mean they have a cooking unit?
Does it simply mean there is a bed?
Online dictionary says it can mean a residence or a place of extended stay.
Click to expand...

What is your real question??

Will you post the definition you see

Use of Type B units hinges on this definition.
 
cda said:
What is your real question??
Click to expand...
Reminds me of some conversations with my wife:

Her: I saw something i didnt like today.
Me: What did i do now?
Her: You know what it was, dont act so innocent. I shouldnt have to tell you.
 
My "real" question (which I'm still not telling) is about "Sleeping Units". What makes a Sleeping Unit considered a Place of Abode - in which case it requires a Type B bathroom.

My first question is my other "real" question:
Is there a listing of examples of what does and doesn't qualify to meet the definition of a sleeping unit that can or will be used all or part of the time as the occupant's place of abode?
 
If you are only talking about R occupancy

I cannot think of a place that would not be used for sleeping.

Unless you had som room and board or similar, where you have a separate building say for eating only, laundry room, or say showering??? That would be part of the R
 
The word "abode" is used only in the definition for INTENDED TO BE OCCUPIED AS A RESIDENCE in both the IBC and ANSI A117.1. The use of intended to be occupied as a residence is only found in IBC Chapter 11.

I interpret intended to be occupied as a residence as a place where someone establishes permanent residence, so motels and hotels, hospitals, short-term care facilities, fire stations, etc. would not fall within this definition. The IBC does have a definition for short-term residential occupancies: transient. This is a dwelling unit or sleeping unit that is occupied for not more than 30 days. However, there are some extended-stay hotels, which would be considered "nontransient" since they may be occupied by people for more than 30 days. However, these types of places are not considered the occupants' permanent place of residence, or "abode." Extended-stay hotels are usually for employees on long work assignments or people on lengthy vacations.

Long-term care facilities, which may use sleeping units, would be considered places intended to be occupied as a residence since the occupants may live out the rest of their lives there.

Usually (but not in all cases) a permanent place of residence will necessitate moving one's own furnishings into the residence. Also, the occupant may receive their mail at the permanent place of residence.

So the saying, "If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck," applies here. If it looks like a place where someone would live permanently, then it is considered a place intended to be occupied as a residence.
 
cda said:
If you are only talking about R occupancy

I cannot think of a place that would not be used for sleeping.

Unless you had som room and board or similar, where you have a separate building say for eating only, laundry room, or say showering??? That would be part of the R
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What if I said this was I-1 occupancy? See: 1107.5.1.2

1107.5.1.2 Type B units. In structures with four or more dwelling units or sleeping units intended to be occupied as a residence, every dwelling unit and sleeping unit intended to be occupied as a residence shall be a Type B unit.

Chapter 2 Definitions
INTENDED TO BE OCCUPIED AS A RESIDENCE. This refers to a dwelling unit or sleeping unit that can or will be used all or part of the time as the occupant’s place of abode.
 
RLGA said:
The word "abode" is used only in the definition for INTENDED TO BE OCCUPIED AS A RESIDENCE in both the IBC and ANSI A117.1. The use of intended to be occupied as a residence is only found in IBC Chapter 11.

I interpret intended to be occupied as a residence as a place where someone establishes permanent residence, so motels and hotels, hospitals, short-term care facilities, fire stations, etc. would not fall within this definition. The IBC does have a definition for short-term residential occupancies: transient. This is a dwelling unit or sleeping unit that is occupied for not more than 30 days. However, there are some extended-stay hotels, which would be considered "nontransient" since they may be occupied by people for more than 30 days. However, these types of places are not considered the occupants' permanent place of residence, or "abode." Extended-stay hotels are usually for employees on long work assignments or people on lengthy vacations.

Long-term care facilities, which may use sleeping units, would be considered places intended to be occupied as a residence since the occupants may live out the rest of their lives there.

Usually (but not in all cases) a permanent place of residence will necessitate moving one's own furnishings into the residence. Also, the occupant may receive their mail at the permanent place of residence.

So the saying, "If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck," applies here. If it looks like a place where someone would live permanently, then it is considered a place intended to be occupied as a residence.
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Thank you. So a 30 day short stay sleeping unit is not a "place of abode."
 
If they are visiting below, they might be there more than one day.

308.2 Institutional Group I-1

Institutional Group I-1 occupancy shall include buildings, structures or portions thereof for more than 16 persons, excluding staff, who reside on a 24-hour basis in a supervised environment and receive custodial care. Buildings of Group I-1 shall be classified as one of the occupancy conditions specified in Section 308.2.1 or 308.2.2. This group shall include, but not be limited to, the following:
 
100eyeballs said:
My "real" question (which I'm still not telling) is about "Sleeping Units". What makes a Sleeping Unit considered a Place of Abode - in which case it requires a Type B bathroom.

My first question is my other "real" question:
Is there a listing of examples of what does and doesn't qualify to meet the definition of a sleeping unit that can or will be used all or part of the time as the occupant's place of abode?
Click to expand...
He is fishing for use as an Air B n B without saying so and not declaring it as a business (smiling)
 
Here is what the Commentary states regarding the definition for intended to be occupied as a residence:

"A unit that is a person’s home, rather than a unit used for a more transient nature, is a place of abode. Fair housing regulations do not include a 30-day criteria for transient/nontransient, similar to what has been traditionally used by the building codes (see the commentary to Section 1107 for additional information); therefore, beach homes, timeshares and extended-stay hotels may be included."​

Here they state that extended-stay hotels "may" be included. This is obviously a gray area. I would say anything that is transient by IBC definition does not meet the definition for intended to be occupied as a residence. The other conditions would need to pass the "duck test" I previously mentioned.
 
OK, so everyone seems to be waiting with bated breath... drum-roll, please.... we are talking about a Drug Rehab Facility. We have pairs of rooms with 2 beds each that share a common bathroom with shower. Based on Chapter 11 we would have 4% Fully Accessible units, but the remainder of units being Type B depends on the facility being considered an occupied "residence". So is this a place where people "abode" or not?
 
100eyeballs said:
OK, so everyone seems to be waiting with bated breath... drum-roll, please.... we are talking about a Drug Rehab Facility. We have pairs of rooms with 2 beds each that share a common bathroom with shower. Based on Chapter 11 we would have 4% Fully Accessible units, but the remainder of units being Type B depends on the facility being considered an occupied "residence". So is this a place where people "abode" or not?
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I would say no. People do not make drug rehab facilities their place of residence. These are intended to be short-term stays (albeit sometimes more than 30 days).
 
I believe you are an I-1 condition 1 occupancy and 1107.5.1 requires B type units

[BG] GROUP HOME. A facility for social rehabilitation, substance abuse or mental health problems that contains a group housing arrangement that provides custodial care but does not provide medical care.

1107.5 Group I.
Accessible units and Type B units shall be provided in Group I occupancies in accordance with Sections 1107.5.1 through 1107.5.5.

1107.5.1 Group I-1.
Accessible units and Type B units shall be provided in Group I-1 occupancies in accordance with Sections 1107.5.1.1 and 1107.5.1.2.

1107.5.1.1 Accessible units.
In Group I-1, Condition 1, at least 4 percent, but not less than one, of the dwelling units and sleeping units shall be Accessible units. In Group I-1, Condition 2, at least 10 percent, but not less than one, of the dwelling units and sleeping units shall be Accessible units.
 
Group homes and alcohol/drug centers are two different things. A group home requires custodial care per the definition, which means they require assistance performing daily activities. Some drug centers may only help them through their addiction by providing a place to stay while receiving counseling, but not receive custodial care (providing meals only, in my opinion, would not qualify it as custodial care).

However, he stated that it was a drug rehabilitation facility. If the occupants have mobility issues (impaired or restrained), it is more appropriately classified as a Group I-2 (detoxification facilities). IBC Section 1107.5.4 specifically addresses "Group I-2 rehabilitation facilities," which require 100 percent of all units to be accessible units. Thus, the Type B unit situation should never come into play.

Now, if they can consider it a drug center and not a rehabilitation facility as described above, it would be classified as a Group I-1, Condition 1. However, if occupants are there temporarily for treatment, then the sleeping units would not be considered intended to be occupied as a residence. On the other hand, if occupants "move into" the facility (i.e., bring a lot of their belongings), have their mail forwarded to the facility, stay there for months on end, etc., then it passes the "duck test" and would be intended to be occupied as a residence.

The operator of the facility would have to justify the distinction by providing proof that occupants are there for short-term durations (e.g., data showing average stay durations, etc.).
 
The facility
mtlogcabin said:
I believe you are an I-1 condition 1 occupancy and 1107.5.1 requires B type units

[BG] GROUP HOME. A facility for social rehabilitation, substance abuse or mental health problems that contains a group housing arrangement that provides custodial care but does not provide medical care.

1107.5 Group I.
Accessible units and Type B units shall be provided in Group I occupancies in accordance with Sections 1107.5.1 through 1107.5.5.

1107.5.1 Group I-1.
Accessible units and Type B units shall be provided in Group I-1 occupancies in accordance with Sections 1107.5.1.1 and 1107.5.1.2.

1107.5.1.1 Accessible units.
In Group I-1, Condition 1, at least 4 percent, but not less than one, of the dwelling units and sleeping units shall be Accessible units. In Group I-1, Condition 2, at least 10 percent, but not less than one, of the dwelling units and sleeping units shall be Accessible units.
Click to expand...
1107.5.1.2 is the basis of my question. This is where the specific phrase "intended to be used as a residence" is found.

1107.5.1.2 Type B units. In structures with four or more dwelling units or sleeping units intended to be occupied as a residence, every dwelling unit and sleeping unit intended to be occupied as a residence shall be a Type B unit.

So doesn't 1107.5.1.2 qualify the earlier statement in 1107.5.1 that says "accessible and Type B" to mean "Type B" is only where there is an "intent for residency"?
 
RLGA said:
Group homes and alcohol/drug centers are two different things. A group home requires custodial care per the definition, which means they require assistance performing daily activities. Some drug centers may only help them through their addiction by providing a place to stay while receiving counseling, but not receive custodial care (providing meals only, in my opinion, would not qualify it as custodial care).

However, he stated that it was a drug rehabilitation facility. If the occupants have mobility issues (impaired or restrained), it is more appropriately classified as a Group I-2 (detoxification facilities). IBC Section 1107.5.4 specifically addresses "Group I-2 rehabilitation facilities," which require 100 percent of all units to be accessible units. Thus, the Type B unit situation should never come into play.

Now, if they can consider it a drug center and not a rehabilitation facility as described above, it would be classified as a Group I-1, Condition 1. However, if occupants are there temporarily for treatment, then the sleeping units would not be considered intended to be occupied as a residence. On the other hand, if occupants "move into" the facility (i.e., bring a lot of their belongings), have their mail forwarded to the facility, stay there for months on end, etc., then it passes the "duck test" and would be intended to be occupied as a residence.

The operator of the facility would have to justify the distinction by providing proof that occupants are there for short-term durations (e.g., data showing average stay durations, etc.).
Click to expand...
The intent in this building is to have a small Detox area with under 10 occupants/beds and a larger 100-bed area for "rehabilitation" with activity and education space.
The average length of stay in the Detox section is 7-8 days.
The average length of stay in the Rehab area is 14-21 days.

I will find out if there are mobility/impairment factors in the mix.
 
Is there a state license required for this facility? That should help you determine the proper occupancy classification based on what the license requires and what it limits they may have.

Either way 1107.5 requires "I" occupancies to have have "B" units
 
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