# Existing third floor / habitable attic in 2 family home NYS - Sprinklers?



## BethAM (May 21, 2020)

I have a client that wants to look into allowing the second floor apt of a 2 family home to use the attic as living space or bedrooms. The house was built in 1920ish with a full walk-up stair, insulation, finished ceiling, bathroom, radiators, and dormers in the attic (most houses in the neighborhood are the same). It was originally built to meet all requirements of habitable space. I have yet to see the EERO but assuming we could work out the exiting, would adding it to the occupied space trigger the sprinkler requirements? It is not a change from a non-habitable space, it has just not been occupied for many years. Are the required changes to the exits enough to trigger adding a limited 13D system and fire alarm per the code?

*ATTIC, HABITABLE**.* A finished or unfinished habitable space within an attic.

*STORY ABOVE GRADE**.* Any story having its finished floor surface entirely above grade,…

*GRADE PLANE**.* A reference plane representing the average of the finished ground level adjoining the building at all exterior walls.


*[NY] R325.6 Habitable Attic*

A habitable attic shall be considered a story above grade plane.

*[NY] R313.2 One- And Two-Family Dwellings Automatic Fire Sprinkler Systems*
An automatic residential fire sprinkler system shall be installed in one- and two-family dwellings where such _dwellings_ have a height of three _stories above grade plane_.

*[NY] AJ601.8.3 Automatic Sprinkler Systems*
An existing attic may be altered to create a habitable attic above the second story above grade plane without requiring the installation of a sprinkler system throughout the entire dwelling, provided all of the following conditions are met:


The habitable attic and its means of egress to the exterior are equipped with a limited area sprinkler system installed in accordance with NFPA 13D or Section P2904 of this code.
The habitable attic is provided with emergency escape and rescue openings, meeting the requirements of Section R310 of this code.
The entire dwelling is equipped with a fire alarm system in compliance with Section R314.7 of this code and monitored by an approved supervising station in accordance with NFPA 72.
*[NY] Section AJ102 Compliance  [NY] AJ102.1 Existing Buildings*
The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the _Fire Code of New York State_ or the _Property Maintenance Code of New York State_.

*[NY] AJ102.1.1 Additions, Alterations and Repairs*
Additions, alterations or repairs to any structure shall conform to that required by this code without requiring the existing structure to comply with all the requirements of this code, unless otherwise stated. Additions, alterations or repairs shall not cause an existing structure to become unsafe or adversely affect the performance of the building.


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## cda (May 21, 2020)

Welcome 



Read thru this, for NJ, but more than likely relevant or helpful with your question


https://www.thebuildingcodeforum.co...ation-fire-suppression-system-required.28596/


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## ADAguy (May 21, 2020)

Great question & topic.


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## No Soup for you (May 26, 2020)

I am in NY, I would consider that to be a "third floor" occupancy and would require the spkl system for the third floor and the means of egress only, not the whole structure.


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## No Soup for you (Jan 13, 2022)

Any other opinions? Got drawings on my desk with this issue right now. 

In NY

One family detached, built in 1880's. Was a one family , converted to an office in the '80's. Owner using it for a business, and is now converting BACK to a one family so it can be sold.

Renovating and reconfiguring the entire house, First fl kitchen , second floor bathrooms etc... , third floor

This is an old house, third floors in alot of these types had numerous small rooms.

3rd floor has 3 existing small rooms, removing walls to create one bedroom up there. There will be three bedrooms on second floor and one bedroom on the third floor with recreation area where walls were removed. (installing proper windows for emergency rescue)
I say it needs a 13D Spkl for egress only as there is no other way out.
As per Appendix J - AJ601.8.3 



Any thoughts?


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