• Welcome to the new and improved Building Code Forum. We appreciate you being here and hope that you are getting the information that you need concerning all codes of the building trades. This is a free forum to the public due to the generosity of the Sawhorses, Corporate Supporters and Supporters who have upgraded their accounts. If you would like to have improved access to the forum please upgrade to Sawhorse by first logging in then clicking here: Upgrades

Maximum Occupancy in a Studio Apartment?

gbfredly

Member
Joined
Apr 16, 2012
Messages
12
Is there anything in the California Building Code ( or other regulations) that would limit the amount of tenants in a Studio apartment?
Our building has more than 10 units on two levels, R2 occupancy, and the studios are 500 square feet +/-, no interior walls (except at the bathroom).
Wondering if 3 or 4 people could be allowed on the lease in some units, or might we run into a roadblock somewhere?

If we were to chop the space up we could theoretically make 2 small bedrooms, but that is not our program.
We wanted open flexible contemporary space.

Apparently our local Zoning department does not have a limitation.
Any insights to a limitation on the max number of Tenants?


Thank you .
 
This is from the property maintenance code. If you do not have anything similar adopted it is a good reference for your design

404.4.1 Room area.
Every living room shall contain not less than 120 square feet (11.2 m2) and every bedroom shall contain not less than 70 square feet (6.5 m2) and every bedroom occupied by more than one person shall contain not less than 50 square feet (4.6 m2) of floor area for each occupant thereof.

1651078661445.png
 
Thank you for your reply!

California adopted the International Property Code, so this applies.
I have never encountered this code as an architect.
I also found California Building Code section 1208 Interior Areas, specifically 1208.3 Room Areas and 1208.4 Efficiency Units.
We meet the definition of an Efficiency Unit since we have one open habitable room.
 
My City Attorney told me years ago that the section you posted, 404.5 is virtually unenforceable. Proving who "lives" there is problematic. I give it to realtors as a reference.
 
In CA, Not governed by Building Code; California Health and Safety Code requires that residential units have at least one room with an area of at least 120 square feet and that other rooms to be lived in be at least 70 square feet. If more than two people sleep in a bedroom, it must be at least 50 square feet larger for every additional occupant sleeping in that room. Different requirements apply to efficiency units. Similar to federal law, the California Fair Employment and Housing Act prohibits discrimination against families with minor children in many housing-related matters, including home rentals. See Link:
 
Future lawsuit, what will lease say about allowing for subletting to nonfamily members, think students? How do you evict?
Consult with a landlord atty first. What about parking?
 
Top