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Path of egress not thru garage needed for non-living space above attached garage?

T

tbone562

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Feb 12, 2025
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Location
Utah
We would like to build a space above our garage, which is attached to our house, and use it as an office. The space will have a bathroom and a small closet for cleaning supplies, but no kitchenette. We will never use it as a bedroom – just as a space where I can work and store stuff.

The space would not be connected to the main house, and the only way to access the space will be stairs (not yet built) inside the garage. There will however, be a number of operable windows in the front and back of the space through which people could easily enter and exit in case of a fire.

The city is telling us that we have to have a means of egress from the space that does not require travel through the garage, per IRC Section R311.1. To do this, they want us to build a wall across the back portion of our garage to create an enclosed hallway from a man door out the back of our garage to the stairs that lead up to the space. We do not want to build this wall, as it will prevent us from parking our car in the garage.

IRC Section R311.1 says: “Dwellings shall be provided with a means of egress in accordance with this section. The means of egress shall provide a continuous and unobstructed path of vertical and horizontal egress travel from all portions of the dwelling to the required egress door without requiring travel through a garage.”

Our question is this: Does the proposed space qualify as a “dwelling” as used in the IRC?

Definitions in the IRC:

Dwelling: Any building that contains one or two dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes.

Dwelling unit: A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

The proposed space will not have permanent provisions for eating and cooking, and it would not be occupied for living purposes. It seems to me then that it would not qualify as a dwelling for purposes of R311.1 and that we should not have to have the requested means of egress that does not go through the garage.

I would very much appreciate anyone’s thoughts on this. Thank you!
 
Thanks everyone. Exterior stairs aren't an option. Just trying to figure out if the space would be considered a dwelling for purposes of the code.
 
Just "garage" gets a little messy. To me it's a place to park cars and store stuff but I look at some and it's got more space and stuff to totally repair and maintain cars with lifts and all, along with man-cave accoutrements like wet bars and pool tables, etc Just saw one with all that and a half court basketball setup.
 
I am dealing with a similar challenge for a detached building in our back yard I am trying to legalize (was going to be used as gym/office; in future ADU?). In my jurisdiction (CA), I was told at one meeting that I could use the exceptions below:

California Building Code 2022, Section 1028.5: addresses the provision of a safe dispersal area as an exception when direct access to a public way cannot be achieved for exit discharge:
"For other than Group E buildings, the area shall be located on the same lot not less than 50 feet (15 240 mm) away from the building requiring egress. For Group E buildings, the area shall be located on the same lot at least 50 feet (15 240 mm) away from any building."

California Building Code, Section 1031, EG-02: provides local equivalencies for escape and rescue operations:
"The escape criteria for the EERO may be accomplished where the EERO opens into a yard with a minimum of 25 feet in depth. The 25-foot depth shall be measured from the most remote point of the lot to any portion of the building, including any combustible projections."

AB-020 Local Equivalency for Exiting Through a Garage Area for Type V, Group R Buildings
 
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Yes, I have a few questions. Any and all advice is appreciated.

Questions (Top Level)
Are we objectively meeting the City Guide and State Handbook for a new ADU?
How would you respond to the situation or interpret the code and guides in a way more favorable to our situation?

Questions (Specific)
  1. How to interpret and apply the City Guide specifying the Escape and Rescue requirements (25’ from building), to the Exit and Egress Paths?
    1. Seems that code interpreted to require 50’; ADU documentation could be interpreted to require only 25’
    2. If the “Escape” criteria is 25’ from building for ADU, does this also apply to the Exit Discharge?
    3. UpCodes - how escape & rescue relate to exit discharge (I’ve been using the Upcodes site to help me)
  2. Are these considered objective standards that allow for exception per 1028.5 for detached ADU for RH-3 property?
    1. Security risk of having to keep the rear exterior laundry room door unlocked to allow egress through the main building
      1. exit (passageway) is not open to air above, so someone could break in and start a fire to stay warm creating a large safety risk (reasonable risk given our location and current state of city)
    2. Garage width
      1. physically restricts direct path to public way
      2. not physically possible to expand or modify the access to meet compliance; garage structure is fixed element that cannot be altered without significant construction work
      3. UpCodes - garage width considered objective
  3. Can approach walk to ADU entrance be through the garage (shared) if it is not part of the egress path?
    1. UpCodes - ADU approach walk to entrance travel through garage if it is not part of egress path
  4. Can the entrance of ADU enter into the shared Laundry Room per code and City Guide if it is not part of the egress path?
    1. UpCodes - can ADU entrance enter into a shared laundry room if not part of egress path
  5. How might this code reference support our case?
    1. SF CFC 1028.2 Exit Discharge ('22)
      1. Exits shall discharge directly to the exterior of the building. The exit discharge shall be at grade or shall provide a direct path of egress travel to grade. The exit discharge shall not reenter a building.
  6. If we changed the building to a detached gym/office space, would this simplify or complicate the process to legalization?
    1. My sense is this would require us to go through the 311 neighbor notification process and request a variance (for location of building: RH-1 Rear Yard 30% of lot depth, but in no case less than 15 feet.) [ref: SEC. 209.1. RH (RESIDENTIAL, HOUSE) DISTRICTS)
BACKGROUND
In my location for RH-3 properties, Fire Department has jurisdiction over the Rescue and Escape, and Building Department has jurisdiction over Egress

Current Single-Family-House (SFH) is:
  • 2 story house with occupancy RH-3
  • Site Plan No side yard/setback (spans from property line to property line) but has large backyard
  • As Is Garage-Laundry Ground floor has garage on right side with door in rear to laundry room, living space on left side (no bedrooms on ground floor)
  • 150’ lot depth
ADU to legalize is: Detached ADU Efficiency unit in rear yard; shares laundry room with current single family home

Constraints & Considerations:
  • Width of existing garage
    • Only 12’ wide (or a little less)
    • Small (8’10” wide) garage door (pull up) leading to the garage (27’ deep), and then a fire-rated door to the laundry room (16’ deep), and then an exterior door to the backyard. The Electrical service connection is on the exterior left side of the garage opening.
      • We are not easily able to make the garage opening wider
      • The front patio and stairway entrance to the main residence are also a constraint to making the garage opening wider
  • Exterior door from laundry room to backyard has locking mechanism on interior
    • We have had break-ins into the backyard before (from roof jumping I assume) so would like to keep this door as a locking door for security
 
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REFERENCES
CA State ADU Handbook: https://www.hcd.ca.gov/sites/default/files/docs/policy-and-research/adu-handbook-update.pdf
City ADU Checklist: https://sfplanning.org/sites/default/files/forms/ADU_Checklist_SingleFam_Agencies.pdf
City ADU design resource sheet https://www.sf.gov/file/adu-design-permitting-resource-sheet (related excerpts pasted below…)

Common Limitations
  • Your ADU must meet fire safety requirements for escape and rescue and exits.
Unit Requirements
  • Your ADU must have its own entrance. The person living in your ADU cannot be required to enter through another unit. The units can share a common foyer or hallway.
Fire Safety
Escape and Rescue openings​
Every bedroom or sleeping area must have an emergency escape and rescue opening. This can be a door or a window that ideally leads to the public way, or there needs to be an area of safe dispersal at least 25 feet away. The window must:​
  • Be at least 5.7 sq ft
  • Be at least 24 inches high and 20 inches wide
  • Be less than 44 inches above the floor
  • Open freely so someone can climb out without keys or tools to open
Exit and Egress Paths ​
The farthest point in the unit to the public way must be less than 125 ft. The exits and egress paths to the new units also must use protected wood frame construction, also called VA​

First Re-Check
Proposed OPTION #1 for feedback: As solution meeting both Escape and Exit Discharge requirements per City Guide

Feedback received
Rescue Plan
Doesn’t require 22’ ladder for rescue because 1 story building (confirmed with SFFD); SFFD can access through garage​

Escape Plan
Per SFBC 1031 & SFDBI Info Sheet Eg-02: Designate “safe dispersal area” 25’ away from building requiring escape​

Exit Discharge
California Building Code 2022, Section 1028.5 - Provision of a safe dispersal area as an exception when direct access to a public way cannot be achieved for exit discharge:​
"For other than Group E buildings, the area shall be located on the same lot not less than 50 feet (15 240 mm) away from the building requiring egress. For Group E buildings, the area shall be located on the same lot at least 50 feet (15 240 mm) away from any building."​

Second Re-Check
I came with proposed designs based on the previous conversation:
Key takeaways from re-check:
  • Rescue plan is ok
  • cannot leverage the California Building Code 2022, Section 1028.5: exception for the Escape Plan and Exit Discharge Plan because:
    • We are able to build an exit that discharges to public way so exception doesn’t apply to our case
    • Health & Safety requirements, not explicit in code but can be applied at discretion of department/DBI
      • Wants emergency vehicle to know where responding to: main house vs detached ADU in rear yard; Department thinks entrance & passageway helps with this
  • Only suggested option was to construct a passageway (3’ wide) for ADU through main building (see Proposed A, Proposed B of my effort to work through the suggestion; we sketched Proposed A together during the review)
  • If we have code compliant design that is not approved can go to Board of Examiners for approval (it is a higher level than Board of Appeals)
Our current thinking based on the re-checks, suggestions, and guides & code
  • We do not want to build this wall for the “passageway” because
    • this would prevent us from parking car and being able to exit car through car door once parked
    • Requiring exit through the main building requires the exterior laundry room door to be non-locking
      • Creates security risk for property
        • exit (passageway) is not open to air above, so someone could break in and start a fire to stay warm creating a large safety risk (reasonable risk given our location and current state of city)
        • Creates a series of required locking doors and constrained space
          • would further challenge emergency responders to access 1st floor with stretcher/medical equipment
    • Proposed options for Escape and Exit Discharge meet the published City Guides and Code objectively (we believe)
 
Living rooms and dining rooms are also "living" spaces. In fact, the IRC definition of "dwelling unit" mentions living as a separate category from sleeping.

[RB] DWELLING UNIT. A single unit providing complete
independent living facilities for one or more persons, including
permanent provisions for living, sleeping, eating, cooking
and sanitation. For the definition applicable in Chapter 11,
see Section N1101.6.
Click to expand...
 
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