# Requirement for party wall?



## Mr Softy (Mar 10, 2016)

Looking at a proposed single B-use Type IIB building that stretches over 3 separately owned parcels.  The developer controls all the parcels through acquisition of a ground lease for 99 years on all three lots.

Now, the code is clear that IF a fire wall is located on a property line, it is considered a party wall.

But can anyone cite a code section that requires the fire wall/party wall on the interior property line?

I looked at fire separation distance, but we're not talking an 'exterior wall'.  So can't go there.

My first reaction was. "Oh, you need a party wall".  But upon closer examination, I am not finding it.


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## Mr Softy (Mar 10, 2016)

Sorry.

2009 IBC


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## JBI (Mar 10, 2016)

This could be interesting... Projects I've dealt with involved ownership, not rental, and typically the lots were consolidated.


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## cda (Mar 10, 2016)

Condo rule??


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## mtlogcabin (Mar 10, 2016)

We require them to bind the lots together with a recorded document that list the AHJ as a party to that document. In other words one lot could not be sold without the AHJ approving the sale. Think of it as a re-plat of the existing subdivision without have to go through the long drawn out legal process.


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## Builder Bob (Mar 10, 2016)

I would think that would be a zoning issue


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## Builder Bob (Mar 10, 2016)

alo fire separation issue would come into play


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## Mr Softy (Mar 10, 2016)

Already approved by the BZA


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## Mr Softy (Mar 10, 2016)

> alo fire separation issue would come into play


For exterior wall ratings, yes.  But, by definition, there is no exterior wall.  So how does one enforce a requirement for one?


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## bhale7wv (Mar 10, 2016)

Try Section 705.8 & Table 705.8. There can be no openings into the building within 5' of the property line.


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## Mr Softy (Mar 10, 2016)

> Try Section 705.8 & Table 705.8. There can be no openings into the building within 5' of the property line.


That's the exterior wall section.  No exterior walls on the internal property lines.


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## steveray (Mar 10, 2016)

> That's the exterior wall section. No exterior walls on the internal property lines.


It crosses it, doesn't it?...Not that I think I could really hang my hat on that..


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## mtlogcabin (Mar 10, 2016)

BUILDING LINE. The line established by law, beyond which a building shall not extend, except as specifically provided by law.

Since he has a 99 year lease on 3 adjoining lots then his building line would be the exterior lot lines. Now there are building code and zoning codes that you have to deal with if the lease is broken to assure the building is not divided at the interior lot lines of the parent parcel. Simple recorded document can take care of the building code and zoning requirements to make 3 lots one..


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## Mr Softy (Mar 10, 2016)

> BUILDING LINE. The line established by law, beyond which a building shall not extend, except as specifically provided by law.Since he has a 99 year lease on 3 adjoining lots then his building line would be the exterior lot lines. Now there are building code and zoning codes that you have to deal with if the lease is broken to assure the building is not divided at the interior lot lines of the parent parcel. Simple recorded document can take care of the building code and zoning requirements to make 3 lots one..


Thanks Insp. Cabin!  That's very helpful, actually, in putting together the code justification.

_By law  _could refer to the binding lease agreement on the parcels, or perhaps even the BZA approval for the building.


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