# Intended to be occupied as a residence



## 100eyeballs (Jun 24, 2021)

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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## TheCommish (Jun 24, 2021)

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.


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## cda (Jun 24, 2021)

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?
> ...



What is your real question??

Will you post the definition you see 

Use of Type B units hinges on this definition.


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## cda (Jun 24, 2021)

] TYPE B UNIT. A dwelling unit or sleeping unitdesigned and constructed for accessibility in accordance with this code and the provisions for Type B units in ICC A117.1, consistent with the design and construction requirements of the federal Fair Housing Act


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## e hilton (Jun 24, 2021)

cda said:


> What is your real question??


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.


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## 100eyeballs (Jun 24, 2021)

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?


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## cda (Jun 24, 2021)

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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## RLGA (Jun 24, 2021)

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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## 100eyeballs (Jun 24, 2021)

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


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._


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## 100eyeballs (Jun 24, 2021)

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.
> 
> ...


Thank you. So a 30 day short stay sleeping unit is not a "place of abode."


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## cda (Jun 24, 2021)

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:

Alcohol and drug centers
Assisted living facilities
Congregate care facilities
Group homes
Halfway houses
Residential board and care facilities
Social rehabilitation facilities


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## ADAguy (Jun 24, 2021)

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?


He is fishing for use as an Air B n B without saying so and not declaring it as a business (smiling)


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## ADAguy (Jun 24, 2021)

100eyeballs said:


> Thank you. So a 30 day short stay sleeping unit is not a "place of abode."


Is it a freestanding SF, a condo or a townhouse? Part of a HOA?


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## RLGA (Jun 24, 2021)

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.


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## ADAguy (Jun 24, 2021)

Waiting for his response.


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## 100eyeballs (Jun 24, 2021)

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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## e hilton (Jun 24, 2021)

100eyeballs said:


> So is this a place where people "abode" or not?


Yes


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## RLGA (Jun 24, 2021)

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?


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).


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## mtlogcabin (Jun 24, 2021)

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.


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## RLGA (Jun 24, 2021)

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.).


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## 100eyeballs (Jun 24, 2021)

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.
> 
> ...


1107.5.1.2 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"?


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## 100eyeballs (Jun 24, 2021)

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.
> 
> ...


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.


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## Rick18071 (Jun 25, 2021)

100eyeballs said:


> I will find out if there are mobility/impairment factors in the mix.



Since they have to accept handicap people I would think there would be at times..


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## mtlogcabin (Jun 25, 2021)

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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## ADAguy (Jun 25, 2021)

Our occupants receiving methodone or other detox injections?
Is it a secure/locked facility?


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## 100eyeballs (Jun 28, 2021)

mtlogcabin said:


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


Does this mean you disagree with my reading that Type B are only required where sleeping units are "intended to be occupied as a residence"? If the code means "all I occupancies must have B units" than why does the clause existing in the code to say "where intended to be residence"?

This is what it says:
*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.

If it said this, I would agree that it meant "all". Rewritten code language:
*1107.5.1.2 Type B units. *_In structures with four or more dwelling units or sleeping units every dwelling unit and sleeping unit shall be a Type B unit._


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## ADAguy (Jun 28, 2021)

Maybe it should say "may be"? Usually we would see 5% or 1 which ever is greater.


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## Paul Sweet (Jun 28, 2021)

IBC Chapter 11 requirements for Type B dwelling units are based on the 1988 amendments to the Fair Housing Act.

Covered multifamily dwellings are:
1. all dwelling units in buildings containing four or more dwelling units if such buildings have one or more elevators, and
2. all ground floor dwelling units in other buildings containing four or more units.
Only the ground floor of a multistory units is covered.

There are 7 requirements for covered units:
1.  Accessible Building Entrance on an Accessible Route
2.  Accessible and Usable Public and Common Use Areas
3.  Usable Doors
4.  Accessible Route Into and Through the Covered Dwelling Unit
5.  Light Switches, Electrical Outlets, Thermostats and Other Environmental Controls in Accessible Locations
6.  Reinforced Walls for Grab Bars (in Bathrooms)
7.  Usable Kitchens and Bathrooms

I can't find "abode" in the HUD Fair Housing Act Design Manual.


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## ADAguy (Jun 29, 2021)

Check Websters synonyms, it is similar to a home. See Chapter 1 of code under definitions for those not listed, it differs to dictionaries.


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