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Why aren't stairs in a 200 year old house grandfathered?

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attheirmercy

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I would very much appreciate some help. We have dormered out 1/2 of a 3rd floor attic space in a 200 year old house for my husband to use as his home office. We were granted a building permit for that, but the code enforcement is now asking us to rebuild the stairs to the attic (which are steep and narrow) at considerable expense, and worse, disruption to the 2nd floor of the house (there is an electrical box under the stairs which complicates the situation and adds additional expense.)

They claim we have a change of use. But the tax card calls the attic 'finished space' and the previous owner used the space as a bedroom, the owner prior to that had carpeted the entire attic in wall to wall carpeting. In addition the floor of the attic under the carpeting is finished with extremely old fir flooring, I think dating back to 1920s to 1940s. That indicates to me the attic was used as finished space. (There was a family with 8 children in the house about 50-60 years ago.). This space clearly has been used as 'living space,' and even bedrooms for many decades. How does this 'change of use' apply and why aren't the stairs grandfathered in?

Thank you for your help.
 
I'm guessing that's because you applied for a permit and the other people didn't or possibly they did before good records were kept. Since the tax card indicates it is "finished space" you may be able to win your argument. Any chance that they now considering it "office space" if so that could be why they are calling it a change of use.
 
attheirmercy said:
I would very much appreciate some help. We have dormered out 1/2 of a 3rd floor attic space in a 200 year old house for my husband to use as his home office. We were granted a building permit for that, but the code enforcement is now asking us to rebuild the stairs to the attic (which are steep and narrow) at considerable expense, and worse, disruption to the 2nd floor of the house (there is an electrical box under the stairs which complicates the situation and adds additional expense.)
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1st off Welcome to the forum,

Next it would help to have some context as to your location. Different jurisdictions have had building codes in place longer than others and establishing how long the space has been on the tax records as SQFT of livable space, IMO against the building codes prior would be the first step in swaying the official it is not needed to be done.

Another point you need to be careful of is how you label the space. As noted by Mrsadell above calling it an office space, "may" imply intent for use as minor commercial space, rather than what it really is in your home, a den or library, which would not have outside visitors. Think of an account or someone with a small legal office working out of one room in the home. These spaces are delt with differently as the paying public has welcome entry and would trigger a change in use and require the stairs to be changed for safety and egress.

If the stairs are existing, and the room is in the tax records, (Not the real-estate listings), but actual tax records as a room, then I would agree you have a starting point for your argument if you are not increasing the square footage of the floor plan on that level, just increasing vertical wall heights and ceiling heights is one thing, but.

If you are increasing the actual square footage of that level, depending on your location and the adopted codes and the length of time in effect, the history, you could have triggered the requirement to "upgrade" the accessibility to that level.

Simply you have not posted enough information about your location and if the room is actually on the AHJ documents as existing to provide you with an answer to question.
 
My bad, just saw you listed your zipcode which would provide location, of Lee NH, and it seems they have had building codes in place since 1956.

As thus establishing the room was in the tax records prior to that would be a start.

Here are a few links I found with a quick search:

Regulations | Lee NH

Building Regulations (2018)Site Review Regulations (2017)Subdivision Regulations (2017)Zoning Regulations (2022)
www.leenh.org www.leenh.org

 
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I would gather up as much validation that the space was already finished and have a nice discussion with the building official and see if you can get him to agree to "existing"...I don't know that NH guy I don't believe.....I wouldn't call it COU....Ask if there is a modification/ variance process? And lastly appeals process? (in case he takes that the wrong way)....Even though a dormer may add volume, it does not technically add floor area (always) so it would not be considered an addition...
 
The residential code does not have different occupancy classifications. There are two uses within the IRC, dwelling units and sleeping units so under the IRC a room used for a home office is not a change of use since it is used by the tenant only.

Now is this a live work unit under the IBC which are permitted to be built to the IRC I don't believe that is the intent of such a small space for 2 reasons

[BG] LIVE/WORK UNIT. A dwelling unit or sleeping unit in which a significant portion of the space includes a nonresidential use that is operated by the tenant.

419.1.1 Limitations.
All of the following shall apply to live/work areas:

3. The nonresidential area function shall be limited to the first or main floor only of the live/work unit.

So the live work portion of the IBC is not applicable

The existing building code
503.1 General.
Except as provided by Section 302.4, 302.5 or this section, alterations to any building or structure shall comply with the requirements of the International Building Code for new construction. Alterations shall be such that the existing building or structure is not less complying with the provisions of the International Building Code than the existing building or structure was prior to the alteration.

Exceptions:

1. An existing stairway shall not be required to comply with the requirements of Section 1011 of the International Building Code where the existing space and construction does not allow a reduction in pitch or slope.

506 Change of Occupancy

506.3 Stairways.
An existing stairway shall not be required to comply with the requirements of Section 1011 of the International Building Code where the existing space and construction does not allow a reduction in pitch or slope.

Simple solution is to re-label the space to a den/home office
 
Call it an attic. There's no reason that a dormer can't be added to an attic. The assessor's records are calling it a finished attic so the assumtion is that the square footage is included in the tax bill. The stairs were approved at some point and should still be allowed to exist today....just don't complain when some old person gets hurt negotiating the awful stairs.
 
attheirmercy said:
I would very much appreciate some help. We have dormered out 1/2 of a 3rd floor attic space in a 200 year old house for my husband to use as his home office. We were granted a building permit for that, but the code enforcement is now asking us to rebuild the stairs to the attic (which are steep and narrow) at considerable expense, and worse, disruption to the 2nd floor of the house (there is an electrical box under the stairs which complicates the situation and adds additional expense.)

They claim we have a change of use. But the tax card calls the attic 'finished space' and the previous owner used the space as a bedroom, the owner prior to that had carpeted the entire attic in wall to wall carpeting. In addition the floor of the attic under the carpeting is finished with extremely old fir flooring, I think dating back to 1920s to 1940s. That indicates to me the attic was used as finished space. (There was a family with 8 children in the house about 50-60 years ago.). This space clearly has been used as 'living space,' and even bedrooms for many decades. How does this 'change of use' apply and why aren't the stairs grandfathered in?

Thank you for your help.
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Also keep in mind that a light switch will need to be installed at the top and bottom of the stairwell if the municipality wins.
 
WOW! Really?? Home office is not a commercial business. MTLOGCABIN hit it on the head in the first part of his post and backed it up with the second. Some BO can be stubborn. I would relabel it a study, den, mancave ect. and try that. We require business license for home occupation and P&Z has some requirements if a minimum parking and such. If they decide you have to many people coming and going then they deny the license and your required to find a commercial location. If you are just doing your own paper work all is well.
 
I believe adding the dormer has caught the attention of the plan checker....which is adding habitable space (by increasing the headroom). And if adding habitable space, you are increasing the intensity of use, therefore triggering the acces/egress into the attic to comply with current code. Even though the floor area was already there, and shown as living space, I'm betting the area under the dormer was too low headroom to be called habitable, and excluded from floor area.
 
They are very likely "grandfathered"...Or as I like to say, not required to be upgraded......
Robert said:
I believe adding the dormer has caught the attention of the plan checker....which is adding habitable space (by increasing the headroom). And if adding habitable space, you are increasing the intensity of use, therefore triggering the acces/egress into the attic to comply with current code. Even though the floor area was already there, and shown as living space, I'm betting the area under the dormer was too low headroom to be called habitable, and excluded from floor area.
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At best it is a level 2 alteration Which gets you exactly ZERO MOE upgrades at a house......

SECTION 805
MEANS OF EGRESS
805.1 Scope. The requirements of this section shall be limited
to work areas that include exits or corridors shared by more
than one tenant within the work area in which Level 2 alterations
are being performed, and where specified they shall
apply throughout the floor on which the work areas are
located or otherwise beyond the work area.

Oh....and neither would COO....

1012.4.2 Means of egress for change of use to equal or
lower hazard category. When a change of occupancy
classification is made to an equal or lesser hazard category
(higher number) as shown in Table 1012.4, existing elements
of the means of egress shall comply with the
requirements of Section 905 for the new occupancy classification.
Newly constructed or configured means of egress
shall comply with the requirements of Chapter 10 of the
International Building Code.
Exception: Any stairway replacing an existing stairway
within a space where the pitch or slope cannot be
reduced because of existing construction shall not be
required to comply with the maximum riser height and
minimum tread depth requirements.
 
attheirmercy said:
We were granted a building permit for that, but the code enforcement is now asking us to rebuild the stairs to the attic (which are steep and narrow)
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Keep at it. I deal with this type of issue professionally, and it often takes months and months of negotiation to wear down the AHJ. It's best to remain professional and polite, but firm, and offer ways out that help all sides give a bit and save face. The usual thing for stairs is to declare that they're not part of the project scope area. And you can define the space however is best: for example as a bedroom. Nobody says you can't stick a desk in your bedroom and work from there, or a bed in your office.

Good luck!
 
Here in PA you don't need a permit for a house unless something structure is going to be done (unless there is a local ordinance). Someone could enlarge a attic, get the CO and then finish it.
 
I agree that its not a change of use.

Count your blessings your not in NY or you would possibly have to install a limited egress sprinkler system for the 3rd fl occupancy.
 
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