# Commercial building being built as a residential



## DuaneW (Oct 22, 2018)

my building offical has added me to a plan review just looking at the plans I see a S-1 building with a office space. but they want this as just a residential building. I know there is many things wrong with this build its hard just to get started. I know i am going to require full sprinklers but what else does everyone else see


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## DuaneW (Oct 22, 2018)

updated plans


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## RLGA (Oct 22, 2018)

It's not a dwelling unit--it doesn't meet the criteria for one. Is it a giant sleeping unit? If it's supposed to be a residence. then submit it as a residence. If this is a shell building for a future residential build-out, then, if your jurisdiction issues such permits, issue as a building shell permit, which typically does not allow occupancy when completed. Then, when they have the design for a residence, they submit for a second permit.


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## DuaneW (Oct 22, 2018)

The intent of the people was to build a garage first then the house latter, but they put sleeping room in the garage. but when I look at the plans this is just an S-1 with a office space. and its not allowed in a Residential zoned area. at least that how I'm writing up my plan review.


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## JCraver (Oct 22, 2018)

I think you're on the right path.  Going to have to (probably) get your Zoning Dept involved too - our zoning does not permit accessory buildings (garages) on lots without a residence/dwelling unit.  Meaning here, you can't build your garage first and then build your house.  I'd check with your zoning guys and see if you have something similar.

Either way you're right that it's not a residential building as submitted, so you can't plan review it with the IRC.


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## DuaneW (Oct 22, 2018)

I did, and they are fine with it, because the county does not have anything saying what can or can not be a house. the CBO and I are the ones with the problem with this and we have both denied it. but I just wanted to show you guys and talk about things like this because it happens a lot in my area or they try to do it a lot.


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## RLGA (Oct 22, 2018)

Add a kitchen, provide 1-hour fire partitions around the dwelling unit portion, and sprinkler the entire building, then you have a Group R-3 within a Group S-1, which is done all the time for those self-storage places.


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## cda (Oct 22, 2018)

DuaneW said:


> I did, and they are fine with it, because the county does not have anything saying what can or can not be a house. the CBO and I are the ones with the problem with this and we have both denied it. but I just wanted to show you guys and talk about things like this because it happens a lot in my area or they try to do it a lot.





Is this in the middle of town

Or on a piece of property that is meant for a house?!


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## Rick18071 (Oct 22, 2018)

2015 IRC [RB] ACCESSORY STRUCTURE. A structure that is
accessory to and incidental to that of the dwelling(s) and that
is located on the same lot.

Can't have an accessory building unless there is a dwelling.


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## cda (Oct 22, 2018)

Does not say the dwelling has to be existing


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## Rick18071 (Oct 23, 2018)

cda said:


> Does not say the dwelling has to be existing



Your right, it could be a new dwelling, but still it can't be an accessory building if there is no dwelling on the same lot.


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## cda (Oct 23, 2018)

Rick18071 said:


> Your right, it could be a new dwelling, but still it can't be an accessory building if there is no dwelling on the same lot.




So does the code say if I submit plans showing a detached garage and a house 


I have to build the house first???


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## my250r11 (Oct 23, 2018)

cda said:


> I have to build the house first???



Here yes or at same time, it is specifically stated in our zoning ordinance.


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## Yikes (Oct 23, 2018)

OK, you may have zoning code issues because I see either a garage with no house, or a house with no garage.  Let's assume for a moment that your zoning allows a house with no additional requirement for covered parking.
*Per the Building code, do you have a habitable residence as currently shown in the plans above?  No, not yet.  But you have the start of one*.

IBC 202 says:
_DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation._​
Looking at the plan, I see sanitation (sink, toilet, shower), and there is certainly enough physical space for living, sleeping and eating, if they just add labels indicating where these activities would occur.  This is 95% of the way towards being an oversized studio apartment!
Comments:

I don't see provisions for cooking.  They need to show where they intend to place some burners.  "Cooking" does not require refrigeration, nor does it technically require a sink.  It only requires provisions for a heat source to cook.  An appliance outlet designated for an electric cooktop or microwave would be sufficient to meet code.
The doorway and or the window could function for emergency escape per IBC 1030.
The building needs heating per IBC 1204.1
The building needs either natural light or artificial light per IBC 1205.
The roll-up doors probably already supply natural ventilation per IBC 1203.5
I don't know if you county has other energy code performance requirements.

So, unless there is a problem with the zoning / planning codes, basically these plans are mostly just missing labels and some MEP information.

P.S., they can't park their cars inside this and call it a dwelling unit, unless they provide a 1 hour separation wall to form a garage.


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## Rick18071 (Oct 24, 2018)

IRC electrical chapters require receptacle spacing 2 outside receptacles, 1 HVAC receptacle, 2-20 amp kitchen counter, and 1- 20 amp bathroom circuit.
Laundry outlets, plumbing and dryer vent if there is a laundry area. 2 outside faucets.
IRC Mechanical and energy requirements including Insulated garage doors.
Ventilation required for bathroom if no window.
Smoke alarms and maybe a CO2 alarm.


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