# Do I need a fire sprinkler system in residential duplex + triplex?



## Gary Holiday

I'm in a unique situation where I own a piece of property within my city that is zoned as RM-1, which means multi-family housing. On the property I have an old house that is a triplex and has been "grandfathered" in to the current building code. This building is currently fully rented out and I have no problems with it. 

The unique situation is, in the back of this property, there is a two story building with the bottom floor being a garage, and the second floor is partially converted into living space (no plumbing, heating, or water) just drywall and electric. I was approved by the city to convert this back building into two more apartments. Bringing the total apartments on the property to 5. The issue, is they want this back building to have fire sprinkler system installed. 

The building inspector claims that the property is a apartment complex now, and by adding the 2 units, he must evaluate the property as having 5 apartment units in the building. However, they are two separate buildings that are 60 feet apart. I've found no where in the Michigan building codes where adding apartments too a property means the entire property is evaluated as one building.

I've also reached out to two fire sprinkler installation companies to ask for a price, one said I should not have to add a sprinkler system to the building and the other one laughed and said why would I do that.

Does it make sense that I am required to add a sprinkler system? I live in Michigan and my city follows the 2015 Michigan Building code.


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## cda

hum, Just because there are separate buildings, you can still be " classified " an apartment.

There may be more involved than the building code.

Ask the nice building inspector to cite all codes and such that push you to an apartment complex,,,,, and the sections that state a fire sprinkler is required.


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## cda

*310.1 Residential Group R*

Residential Group R includes, among others, the *use of a building or structure , or a portion thereof*, for sleeping purposes when not classified as an Institutional Group I or when not regulated by the _International Residential Code._


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## cda

*310.4 Residential Group R-2*

Residential Group *R-2 occupancies containing sleeping units or more than two dwelling units* where the occupants are primarily permanent in nature, including: 

Apartment houses
_Boarding houses_ (nontransient) with more than 16 occupants
_Congregate living facilities_ (nontransient) with more than 16 occupants
Convents _Dormitories_
Fraternities and sororities
Hotels (nontransient)
_Live/work units_
Monasteries
Motels (nontransient)
Vacation timeshare properti


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## cda

*903.2.8 Group R*

An automatic sprinkler system installed in accordance with section 903.3 shall be provided throughout all buildings with a Group R fire area.


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## cda

See if the inspector comes up with that code analysis

That makes you an R,,, an R2 and all R's shall be sprinkled.

Now if you can somehow say the back building is say a duplex or other, not sure if that helps, depending on how Michigan treats one and two family houses, But not sure what they do with them as far as fire sprinklers


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## classicT

FYI, with 5 units you may now also fall under ADA, FHA, etc. Be prepared to make accessibility accommodations.


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## my250r11

What the inspector may be trying to say is that 5th unit takes you out of the IRC and puts you in the IBC. Don't know if Michigan removed the sprinkler requirements in the IRC as some states have. If so then adding the 5th unit kicks in the requirements of the IBC and as Ty J. said ADA FHA, ect.


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## cda

my250r11 said:


> What the inspector may be trying to say is that 5th unit takes you out of the IRC and puts you in the IBC. Don't know if Michigan removed the sprinkler requirements in the IRC as some states have. If so then adding the 5th unit kicks in the requirements of the IBC and as Ty J. said ADA FHA, ect.




Just wondering for my info

What section of IRC or IBC is that from, the bump?


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## rogerpa

What you currently appear to have is a building with an accessory structure.
Does or will the the converted structure have its own electric meter and service panel? water meter?
Will the apartments be up and down or side by side on the second floor?

*2015 MRC*
[RB] BUILDING. Building shall mean any one- and two-family dwelling or portion thereof, *including townhouses,*
that is used, or designed or intended to be used for human habitation, for living, sleeping, cooking or eating purposes,
or any combination thereof, and shall include _accessory structures_ thereto.

ACCESSORY STRUCTURE. A structure 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.
_(This definition was added in the 2006 IRC and modified in the 2015 IRC.
 It appears that this was lost in publication due to an editing error on the part of ICC.)_

I don't see how the AHJ can construe this to be one building. Maybe you need to split the lot (with appropriate easements)_.
_
Start with an appeal to the Constructio_n _Board of Appeals.






Michigan law
*Act 230 of 1972
125.1511 Building permit; examination and approval of application; issuance; changes in plans; commencement of construction; compliance with application; suspension, revocation, or cancellation.*

Sec. 11.

  (1) The enforcing agency shall examine an application for a building permit. If the application conforms to this act, the code and the requirements of other applicable laws and ordinances, the enforcing agency shall approve the application and issue a building permit to the applicant. An application shall be granted, in whole or in part, or denied within 10 business days, except that in case of an unusually complicated building or structure, action shall be taken within 15 business days. Failure by an enforcing agency to grant, in whole or in part, or deny an application within these periods of time shall be deemed a denial of the application for purposes of authorizing the institution of an appeal to the appropriate board of appeals. The enforcing agency shall approve changes in plans and specifications previously approved by it, if the changes require approval and if the plans and specifications when so changed remain in conformity with law. Except as otherwise provided in this act or the code, the construction or alteration of a building or structure shall not be commenced until a building permit has been issued. The construction of a building or structure shall comply with the approved application for a building permit, and the enforcing agency shall insure such compliance in the manner provided in section 12 and in any other way it deems appropriate.
  (2) The enforcing agency may suspend, revoke or cancel a building permit in case of failure or neglect to comply with the provisions of this act or the code, or upon a finding by it that a false statement or representation has been made in the application for the building permit.

*125.1514 Construction board of appeals; creation; appointment, qualifications, and terms of members; appeal to board; hearing; decision; statement of reasons for decision; appeal to commission; copy of decision; additional powers or duties; procedures; conducting business at public meeting; notice; availability of certain writings to public.*
Sec. 14.

  (1) A construction board of appeals for each governmental subdivision enforcing the code shall be created consisting of not less than 3 nor more than 7 members, as determined by the governing body of the governmental subdivision. Unless otherwise provided by local law or ordinance, the members of the board of appeals shall be appointed for 2-year terms by the chief executive officer of a city, village, or township and the chairperson of the county board of commissioners of a county. A member of the board of appeals shall be qualified by experience or training to perform the duties of members of the board of appeals. A person may serve on the board of appeals of more than 1 governmental subdivision. If an enforcing agency refuses to grant an application for a building permit, or if the enforcing agency makes any other decision pursuant or related to this act, or the code, an interested person, or the person's authorized agent, may appeal in writing to the board of appeals. The board of appeals shall hear the appeal and render and file its decision with a statement of reasons for the decision with the enforcing agency from whom the appeal was taken not more than 30 days after submission of the appeal. Failure by the board of appeals to hear an appeal and file a decision within the time limit is a denial of the appeal for purposes of authorizing the institution of an appeal to the commission. A copy of the decision and statement of the reasons for the decision shall be delivered or mailed, before filing, to the party taking the appeal.

*125.1518 Filing claim of appeal or petition to review.*
Sec. 18.

   An appeal pursuant to Act No. 306 of the Public Acts of 1969, as amended, from a decision of the commission or a board, following an appeal from a decision of a board of appeals or enforcing agency shall be made by a claim of appeal filed with the court of appeals. An appeal pursuant to that act from any other decision of the commission or of a board shall be by petition to review filed with the Ingham county circuit court.

*LARA Administrative Rules*
Construction-Part 5
R 408.30514 Means of appeal.
Rule 514. Sections R112.1 and R112.3 of the code are amended to read as follows:
R112.1 Means of appeal. An interested person has the right to appeal a decision of the enforcing agency to the board of appeals in accordance with the act. An application for appeal shall be based on a claim that the true intent of the code or the rules governing construction have been incorrectly interpreted, the provisions of the code do not apply, or an equal or better form of construction is proposed. The decision of a local board of appeals may be appealed to the construction code commission in accordance with the act and time frames.
Exception: Requests for barrier free design exception shall be in accordance with
1966 PA 1, MCL 125.1351 to 125.1356.


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## my250r11

cda said:


> Just wondering for my info
> 
> What section of IRC or IBC is that from, the bump?








Depending on your State or AHJ's interpretation of or charging language, the OP description may be construed to be 2 multi-family structures.(apartments) which will be out of the scope for the IRC


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