# Interior stairway to the second floor, required?



## Flexo (Apr 2, 2019)

A homeowner has rebuilt an existing home, adding a second floor and expanding the footprint. As part of his design he built the top floor with the same floorpan as the bottom floor, with the exception of a kitchen. His zoning is SFR. The owner/builder was unabashed in telling our planner and myself that he wanted to eventually obtain a Special Use Permit to establish a second unit in the top floor. We strongly advised against this since the neighbors were so opposed to the construction.
_At one point during construction, the project owner, City Manager, Mayor, Attorney and myself  had a meeting. (Our Mayor believes that the lack of a interior stairway is against the building code and is evidence that a duplex was being built.) The Mayor asked the property owner to include a interior stairway. The property owner agreed at the time then did not comply. 
The builder and his family are now living in the home, on both floors. The Mayor is displeased that I did not enforce his agreement with the owner/builder. I enforce Codes and sometimes City Ordinances. Enforcement of promises is outside of my purview. 
The IRC definition of dwelling unit requires "permanent provisions for living, sleeping, eating, cooking and sanitation." without all of these provisions present a dwelling unit can not exist. Can it? This situation creates auxiliary sleeping quarters on the top floor, at best.
Ultimately my question to all of you is, do you agree or disagree that the 2012 IRC require that two sections of a dwelling be internally connected?_


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## cda (Apr 2, 2019)

Did the mayor get the agreement in writing??

Not into irc, but as long as all areas have code compliant exiting

Should be good to go.


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## steveray (Apr 2, 2019)

R311.4 Vertical egress. Egress from habitable levels including
habitable attics and basements not provided with an
egress door in accordance with Section R311.2 shall be by a
ramp in accordance with Section R311.8 or a stairway in
accordance with Section R311.7.

Not required if there is egress at all levels...


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## ADAguy (Apr 2, 2019)

Does your zoning code allow for Duplexes in SFR zones?


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## cda (Apr 2, 2019)

I guess another way to look at it

Existing house

Someone adds a bedroom in the back with only exterior access, and no interconnection inside,,

Not much difference still a single family house.


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## classicT (Apr 2, 2019)

Quite common around here to have an SFD split level with the door at the top of the stairs locked shut and the basement rented out.


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## Rick18071 (Apr 2, 2019)

Nothing wrong with it even if the second floor had a kitchen.


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