# Can I Use The IRC?



## Francis Vineyard (Dec 14, 2015)

Aside from zoning are the following conditions permitted to be construction under the IRC with the intent to rent or lease?  Cite code section that would prohibit please, thanks.

1) Lease or rent a detached garage or rent the house and use the garage for personal use?

2) Lease or rent an attached garage (there are no doors between the garage and residence) or vice versa?

3) A single townhouse unit with two garages; one of the garage compartment has no means to access the dwelling garage and dwelling unit?

4) A detached single family dwelling unit over 5 attached garage compartments with no access in between the units?


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## steveray (Dec 14, 2015)

I don't think we get in to intent...if you rent a house it is still IRC....If you rent rooms in your house it is still IRC...Why not garages? Maybe under scope and the word "accessory" that I believe is there....?


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## JBI (Dec 14, 2015)

Detached accessory are limited in size in the IRC,

*ACCESSORY STRUCTURE. *A structure not greater than 3,000  square feet (279 m2) in floor area, and not over two stories in  height, the use of which is customarily accessory to and incidental to that  of the dwelling(s) and which is located on the same _lot_. I think either Zoning or some other local law will have better language.


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## Francis Vineyard (Dec 14, 2015)

Steveray your answer has merit and there's also the line of thought if it talks like a duck, walks like a duck  .  . .

JBI and where the 2015 definition of accessory structure has no limit to size give me concerns as well.


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## cda (Dec 14, 2015)

Are you going to make the garage code compliant, if you intended to sleep in it??


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## JBI (Dec 14, 2015)

Francis Vineyard said:
			
		

> Steveray your answer has merit and there's also the line of thought if it talks like a duck, walks like a duck  .  . .JBI and where the 2015 definition of accessory structure has no limit to size give me concerns as well.


I don't have a hyperlink to the 2015 yet... Not sure why they had one at all. 3,000 s.f. is a mighty big private garage. I think they expect local zoning to take care of it.


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## north star (Dec 14, 2015)

*# ~ # ~ #*

Big John,

Here is a link to the `15 codes, ...courtesy of **Francis Vineyard**.

The codes just cannot be copied from this link.........Also, ...this

same link is on our "Useful Links" thread.

*http://codes.iccsafe.org/I-Codes.html#all*



*# ? # ? #*


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## Francis Vineyard (Dec 15, 2015)

JBI said:
			
		

> I don't have a hyperlink to the 2015 yet... Not sure why they had one at all. 3,000 s.f. is a mighty big private garage. I think they expect local zoning to take care of it.


 Underline emphasis added in the quote above and below.*Accessory Structure*. A structure (delete not greater than 3,000 square feet (279 m2) in floor area, and) not

more than two stories in height, the use of which is customarily accessory to and incidental to that of

dwelling (s) and which is located on the same lot.

*Reason:* This code change proposal will delete the limitation of an accessory structure being 3,000 square feet or less. It does not

make sense to limit accessory structures to only 3,000 square feet when there is no restriction to a size of a single family dwelling.

These types of structures are typically used for vehicle and farm equipment storage, shops, etc. and are still only accessory and

incidental to that of a dwelling. Houses in rural areas routinely need much larger accessory structures to store farm equipment.

*Committee Reason:* The committee approved this proposed code change because they felt that it was appropriate to allow the

authority having jurisdiction to make their own determination as to what an accessory structure is.

After a thorough investigation on the history of the code change that introduced a 3,000 square foot limitation on accessory

structure, the BCAC discovered that there was no technical justification provided by the original proponent to limit the size of an

accessory structure. After some extensive discussion, the BCAC decided that specifying a limitation on the size of the accessory

structure should be a decision left to the building official as determined by local zoning ordinances.

*PART I - IADMIN*



*Committee Reason:* Adding the three story limitation is needed for coordination between the scope in the IBC and IRC. Three

stories is an appropriate limit for accessory structures.

*PART II – IRC*

*HEARD BY IRC COMMITTEE*

*Committee Reason*: The committee approved this proposed code change because they felt that it allows the local zoning

ordinances to determine the allowable size of accessory structures.

*source:* http://www.iccsafe.org/content/2015-revision-history/


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## Francis Vineyard (Dec 15, 2015)

side issue

Have 2 of 4 townhouses constructed as provided in OP condition #3 on same parcel with apartment buildings having outside parking lots (no garage).

The townhouse units will be privately owned.

Does IRC R320.1 make at least one of the townhouse units have to rent their own 2 car garage in accordance with section IBC 1106.2?

Note in order to make a accessible van space available (1106.5); both of the garage spaces will be needed under the townhouse.


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## mtlogcabin (Dec 15, 2015)

> 3,000 s.f. is a mighty big private garage


Maybe for a city lot but not in my neck of the woods rural lots. People need lots of garage space for the travel trailer, 4 wheeler's, snowmobiles, boats, 6 passenger pickups and suburbans to keep them out of the weather.


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