# Is There a Maximum Number of Bedrooms Allowed?



## fj80 (Feb 11, 2020)

2015 IRC

Does the IRC limit the number of bedrooms allowed in a single-family home?

We are proposing to expand an existing single-family home to become a Bed and Breakfast with 10 bedrooms, which is allowed by the local zoning code by way of a minor special exception. But in the special exception application meeting the local AHJ told us that the building code requires a 10 bedroom house to fall under the commercial code. Is this actually stated in the IRC or IBC anywhere? I've looked and don't see anything to that respect.


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## Rick18071 (Feb 11, 2020)

Your AHJ is right. Probably will require sprinklers and accessibility.

310.3 Residential Group R-1 occupancies
containing sleeping units where the occupants are
primarily transient in nature, including:
Boarding houses (transient) with more than 10 occupants
Congregate living facilities (transient) with more than 10
occupants
Hotels (transient)
Motels (transient)


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## Paul Sweet (Feb 11, 2020)

Virginia has amended the IBC to allow bed & breakfasts with 5 guest rooms to be built under the IRC.

https://codes.iccsafe.org/content/VCC2015P2/chapter-3-use-and-occupancy-classification
301.3 Exceptions


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## steveray (Feb 11, 2020)

We mainly allow B&Bs under the IRC, but if it is not then R1 it is.....


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## fj80 (Feb 11, 2020)

steveray said:


> We mainly allow B&Bs under the IRC, but if it is not then R1 it is.....


Where does the IRC state the limitations on number of bedrooms (or sleeping units)? Thanks.


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## steveray (Feb 11, 2020)

No....But there is a limit to the scoping of the IRC.....We amend this, but check yours

R101.2 Scope. The provisions of the International Residential
Code for One- and Two-family Dwellings shall apply to
the construction, alteration, movement, enlargement,
replacement, repair, equipment, use and occupancy, location,
removal and demolition of detached one- and two-family
dwellings and townhouses not more than three stories above
grade plane in height with a separate means of egress and
their accessory structures not more than three stories above
grade plane in height.
Exceptions:
1. Live/work units located in townhouses and complying
with the requirements of Section 419 of the
International Building Code shall be permitted to be
constructed in accordance with the International
Residential Code for One- and Two-Family Dwellings.
Fire suppression required by Section 419.5 of
the International Building Code where constructed
under the International Residential Code for Oneand
Two-family Dwellings shall conform to Section
P2904.
2. Owner-occupied lodging houses with *five or fewer*
guestrooms shall be permitted to be constructed in
accordance with the International Residential Code
for One- and Two-family Dwellings where equipped
with a fire sprinkler system in accordance with Section
P2904.


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## fj80 (Feb 11, 2020)

steveray said:


> No....But there is a limit to the scoping of the IRC.....We amend this, but check yours
> 
> R101.2 Scope. The provisions of the International Residential
> Code for One- and Two-family Dwellings shall apply to
> ...


Yeah, however, The code section you're quoting is from the IRC, but we are using the Virginia Residential Code which has no such wording under the scoping section that limits the number of bedrooms or guestrooms.


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## ADAguy (Feb 11, 2020)

ICC is a "model" code, it can be accepted all or in part as accepted by local authorities.


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## my250r11 (Feb 11, 2020)

Its not a SINGLE FAMILY DWELLING when your renting rooms to make money. This becomes a business which would make it a commercial application having 10 or more rooms for rent. IBC. JMHO

In some state this would also have other rules and requirement just like a motel or hotel.


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## ADAguy (Feb 11, 2020)

Tell it like it "really" is.


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## steveray (Feb 12, 2020)

What does your 101.2 say? Or your scoping?


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## DMartin (Feb 12, 2020)

*Virginia code states the same!! unless you are no longer in the 2015
R101.2 Scope
*
The provisions of the _International Residential Code for One- and Two-family Dwellings_ shall apply to the construction, _alteration_, movement, enlargement, replacement, repair, _equipment_, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and _townhouses_ not more than three stories above _grade plane_ in height with a separate means of egress and their _accessory structures_ not more than three stories above _grade plane_ in height.


*Exceptions:*

Live/work units located in _townhouses_ and complying with the requirements of Section 419 of the _International Building Code_ shall be permitted to be constructed in accordance with the _International Residential Code for One- and Two-Family Dwellings_. Fire suppression required by Section 419.5 of the _International Building Code_ where constructed under the _International Residential Code for One- and Two-family Dwellings_ shall conform to Section P2904.
Owner-occupied lodging houses with five or fewer guestrooms shall be permitted to be constructed in accordance with the _International Residential Code for One- and Two-family Dwellings _where equipped with a fire sprinkler system in accordance with Section P2904.


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## DMartin (Feb 12, 2020)

DMartin said:


> *Virginia code states the same!! unless you are no longer in the 2015
> R101.2 Scope
> *
> The provisions of the _International Residential Code for One- and Two-family Dwellings_ shall apply to the construction, _alteration_, movement, enlargement, replacement, repair, _equipment_, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and _townhouses_ not more than three stories above _grade plane_ in height with a separate means of egress and their _accessory structures_ not more than three stories above _grade plane_ in height.
> ...


Because you are making this a business establishment I believe you are going to have to contend with using the IBC. there is not exact maximum bedroom in the residential  code but since they are rented out (transient in nature) then it causes a problem. No longer falls under the scope of the IRC. IMO!


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## DMartin (Feb 12, 2020)

*another one out of the Virginia RC you may have to contend with
R320.1 Scope
*
Where there are four or more _dwelling units_ or sleeping units in a single structure, the provisions of Chapter 11 of the _International Building Code_ for Group R-3 shall apply.

*R320.1.1 Guestrooms*

A _dwelling_ with guestrooms shall comply with the provisions of Chapter 11 of the _International Building Code_ for Group R-3. For the purpose of applying the requirements of Chapter 11 of the _International Building Code_, guestrooms shall be considered to be sleeping units.

*Exception:* Owner-occupied lodging houses with five or fewer guestrooms constructed in accordance with the _International Residential Code_ are not required to be accessible.


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## ICE (Feb 12, 2020)

How would it play out if the project had been built without divulging the fact that it will be used as a short term rental?  What is the hump to get over if you have an existing ten room house and want to list it with AirB&B? 

I don't think that we ask about the future when issuing a permit.  I currently have several being built....one with 12 bedrooms and 14 bathrooms....huge great rooms.  Another that will be used for tourists from China.  Opulent fits.

Most are single family dwellings.  I just spent a week staying in a AirB&B in Tucson.  Four bedroom, three bath, 2191 sq.ft.  Six people.  It is just another house in another neighborhood.  There were no exit signs but I did notice a fire extinguisher.  At times there was near twenty people and I'm sure the neighbors heard the singing (The Lemon sisters are great).  

So the Tucson city government allows this for probably a tax with a promise to behave.  The tax is substantial for a week that came to $3365.00.  We could have heated the pool for another $200.00


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## ADAguy (Feb 12, 2020)

How many months a year must the owners live/reside in their B n B's? Can they claim a deduction on them if it is licensed as a business, in which case it isn't their home, is it? If they own more than one it is income property isn't it?
Similar scam to buying houses and converting them to group homes in residential neighborhoods.
Creates a real conumdrum.


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## DMartin (Feb 12, 2020)

ICE said:


> How would it play out if the project had been built without divulging the fact that it will be used as a short term rental?  What is the hump to get over if you have an existing ten room house and want to list it with AirB&B?
> 
> I don't think that we ask about the future when issuing a permit.  I currently have several being built....one with 12 bedrooms and 14 bathrooms....huge great rooms.  Another that will be used for tourists from China.  Opulent fits.
> 
> ...


Well as long as zoning allows an air Band B I guess nothing. But if the city is not involved could be asking for a headache when the neighbors complain LOL. A lot of jurisdictions now have accessory short term rentals put into their zoning to allow Air B&Bs


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