# Residential or Commercial?



## theunmobile (Feb 3, 2013)

Hello, we own an Rv Park in western Arizona. We have 12 very old park models that we would like to remove and stick build new 12' x 32' park models on slabs. The town of Quartzsite is a bit confused as to what codes we would use, commercial or residential since the property is commercial and we would be renting these units out. We were custom home builders in Colorado for 30 years but are stumped as to what the commercial codes would be on this project. I believe we do not need sprinklers since the units will be spaced at least 14 ft apart. They will all be handicapped accessible with walk in showers, 3ft wide doors etc. Do you know of any codes that we would have to abide by on a project such as this? Thanks, Jenny


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## Mark K (Feb 3, 2013)

Suggest that the zoning determines the type of occupancy that is allowed but the actual occupancy determines the building code classification.  The fact that you have an residential occupancy in an area zoned commercial does not change the fact that the occupancy is residential.

Was the RV park built before the area was zoned or did the town issue the building permit knowing that it would contain residential occupancies?


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## cda (Feb 3, 2013)

Welcome

Are they asking if to use the international building code or the international residential code???

Are sprinklers required in single family homes in the city????

Suggest hire a good code consultant, more then likely will help you with other issues also.


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## cda (Feb 3, 2013)

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 in accordance with Section 101.2. Residential occupancies shall include the following:

R-1 Residential occupancies containing sleeping units where the occupants are primarily transient in nature, including:

Boarding houses (transient)

Hotels (transient)

Motels (transient)

Congregate living facilities (transient) with 10 or fewer occupants are permitted to comply with the construction requirements for Group R-3.

They do not build motels like in the old days, separate units!!!!


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## cda (Feb 3, 2013)

http://www.ci.quartzsite.az.us/Support%20Docs/Planning%20&%20Zoning%20Board/notes/Building%20Codes/List%20of%20Current%20Codes.pdf


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## theunmobile (Feb 3, 2013)

Mark K said:
			
		

> Suggest that the zoning determines the type of occupancy that is allowed but the actual occupancy determines the building code classification.  The fact that you have an residential occupancy in an area zoned commercial does not change the fact that the occupancy is residential.Was the RV park built before the area was zoned or did the town issue the building permit knowing that it would contain residential occupancies?


Yes the park was built before the zoning took place. The park zoning doesn't seem to be the problem. They consider rentals commercial unless we build as owner occupied for one year then we can do what ever we want with them after that, however that would take a very long time. This would allow us to build using only residential codes. If we build these units as rental units, would the codes  be residential plus upgrades for commercial use (rental)? You can visit AOL.ca - Canada's Breaking News, Entertainment, Music, Life & Style and Email to see what I am talking about. Click on the tab "our park".   The units we have are already being used as rentals and have been for over 10 years.

We were even considering stick building using the existing frames of the rvs that are here, but we are not sure if the frame would carry the load. Or making it as a hotel with cabins instead of multi rooms all together.


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## theunmobile (Feb 3, 2013)

cda said:
			
		

> WelcomeAre they asking if to use the international building code or the international residential code???
> 
> Are sprinklers required in single family homes in the city????
> 
> Suggest hire a good code consultant, more then likely will help you with other issues also.


They are not sure. QZ has a very green inspector, no real building official and the P n Z director knows the zoning and that is it. No sprinklers are not required, yet.


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## cda (Feb 3, 2013)

1. So if I build a new residential house in the city a fire sprinkler system is not required??

2. Is your question, if you can build a rental house on your property??


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## theunmobile (Feb 3, 2013)

cda said:
			
		

> 1. So if I build a new residential house in the city a fire sprinkler system is not required??2. Is your question, if you can build a rental house on your property??[/QUOT
> 
> Not in this town, they kind of make the rules as they go along!
> 
> ...


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## cda (Feb 3, 2013)

They cannot make it up, the city has adopted codes.

You should get more replies on Monday.

Sounds like you might be considered a motel.

My suggestion hire a code consultant !!!!!!   Phoenix is not that far


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## cda (Feb 3, 2013)

Check this see if any applies to you

http://www.thebuildingcodeforum.com/forum/commercial-building-codes/7567-r1-occupancy-irc-residential-structure.html


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## theunmobile (Feb 4, 2013)

cda said:
			
		

> They cannot make it up, the city has adopted codes.You should get more replies on Monday.
> 
> Sounds like you might be considered a motel.
> 
> My suggestion hire a code consultant !!!!!!   Phoenix is not that far


It's an odd situation, the whole town is rv / mobile home parks with very few homes ( maybe 50 stick built). The P n Z said, no one has ever wanted to do anything like this. They suggested we use the frames and build on those and by pass the town altogether, register them with the dmv. We can do nightly to yearly rentals as it is an rv park according to town code. They say we will be changing the park and would have to conform to the new rv park regulations which we no longer would meet due to space size restrictions. We could change it to motel. I can't imagine what they would say about that! Although it really is the same as what we are doing now, since we rent nightly to long term in the units we own in the park.


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## theunmobile (Feb 4, 2013)

theunmobile said:
			
		

> It's an odd situation, the whole town is rv / mobile home parks with very few homes ( maybe 50 stick built). The P n Z said, no one has ever wanted to do anything like this. They suggested we use the frames and build on those and by pass the town altogether, register them with the dmv. We can do nightly to yearly rentals as it is an rv park according to town code. They say we will be changing the park and would have to conform to the new rv park regulations which we no longer would meet due to space size restrictions. We could change it to motel. I can't imagine what they would say about that! Although it really is the same as what we are doing now, since we rent nightly to long term in the units we own in the park.


In this town they have proven over and over they do what ever they want. Regardless of what is written in their codes. Kind of the good ole boy thing going on. IE: unlicensed builder doing big garage, no visible permit, everyone knows, no one red tagged the job.


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## cda (Feb 4, 2013)

Untitled Document


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## tmurray (Feb 4, 2013)

Tell the building inspector to look up the definition of residential in the code. Zoning and Building Inspection are two completely different things.


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## cda (Feb 4, 2013)

looks like you have to make a few people happy::

Recreational Vehicle Parks shall meet the approval of the County and Arizona State Health Code for the establishment of recreational vehicle (travel trailer) parks and campgrounds.  A letter of approval from the State Department of Health Services shall be submitted with the application.


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## pwood (Feb 5, 2013)

in calif those units when installed in a park fall under the jurisdiction of the dept of housing and community developement. Local jurisdications have no authority.


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## mjesse (Feb 5, 2013)

cda said:
			
		

> http://www.ci.quartzsite.az.us/Support%20Docs/Planning%20&%20Zoning%20Board/notes/Building%20Codes/List%20of%20Current%20Codes.pdf


I wonder what the International _MERCHANT_ Code is all about ?!

mj


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## Oldfieldguy (Feb 7, 2013)

Arizona has a state law prohibiting jurisdictions from requiring automatic sprinklers in one and two family dwellings.


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## Yankee (Feb 7, 2013)

One dwelling unit in each structure would be IRC


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## mark handler (Feb 7, 2013)

Yankee said:
			
		

> One dwelling unit in each structure would be IRC


I agree    ..

Built per the IRC

But could still be a commercial enterprise if rented out, depends on zoning code...


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## Mark K (Feb 7, 2013)

The only thing that makes sense is to consider the zoning ordinance and the building code  to be two separate documents with different definitions for residential.  Suggest that under the IBC an apartment building would be considered a residential occupancy even though it is a money making enterprise.

If you converted all of the units in an RV Park to stick built structures then it would no longer be an RV Park.  Does the zoning ordinance allow the construction of residential occupancies in a commercial district?  If not then suggest that you cannot convert to stick built construction.

It appears local ordinances were poorly drafted and the local inspectors/building official is not very knowledgeable.

Suggest hiring a consultant to help convince the building official that you are right.  If that does not work then either  give them what they want of hire an attorney and fight it.

If they insist that it is a commercial occupancy from a liability perspective I would consider designing units so that they also complied with any residential occupancy requirements.


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## cda (Feb 7, 2013)

As in motel???


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## DanB (Feb 11, 2013)

All I'm reading tells me they would be simple residential houses built to IRC, If the zoning is acceptable there shouldn't be a problem.


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