Conversion of two family to three

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Conversion of two family to three

Ryan Judy
Wayland, MA · Member since 2018 · 16 posts · 3 votes

Does anyone have any experience converting a two family to a three, or doing major renovations of a two / three family?

It is somewhat town specific but I am having trouble interpreting fire code for automatic sprinklers on a large renovation. Town says I will need to install them but If I am reading code correctly it should only apply to new construction buildings over 4 units. 

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter148/Section26i

They also don't seem to give specifics on what "substantially renovated is" But a court case ruling gave this clarification: 

“… in order to require the installation of sprinklers in an existing multi-unit residential building, the rehabilitation must be so substantial that the physical structure is rendered ‘the equivalent of new construction,’ i.e., in essence as good as new. Where the rehabilitation is suitably substantial in this regard, a corollary is that the cost of installation of automatic sprinklers ordinarily will approximate the cost of installing sprinklers in a comparable newly constructed building.”




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Dan WeberBusiness Member
Realtor · Portland, ME · Member since 2015 · 655 posts · 552 votes
6y

Ryan, based on the link above, you are looking at the wrong codes. A single family and two family building fall under the International Residential Code (IRC) and 3+ unit buildings fall under the International Building Code (IBC). When you covert from a two family to a three family, it is a complete change of use and change of code books. Per the IBC, when you change the use of a building (in your case – from an R-3 to an R-2), the building is required to comply with the codes as if it is new construction. If you dig further into the IBC (and associated Massachusetts amendments per 780 CMR), then you will find the requirements for a sprinkler system to be added for such a conversion or new construction in a three family.

I believe that the confusion arrives (especially in the suburbs) when you have code enforcement officers that aren’t very good at their job or well versed in the code and they don’t catch this requirement. It can create significant inconsistently from town to town on how these codes are enforced. (Speaking as a former code enforcement officer in Mass).

Also, in regards to the Architect, I always suggest finding a local Architect who has experience dealing with the zoning laws of that specific town. When interviewing Architects, ask them if they have experience with the Planning Board of that town or have been through the Special Permit/Variance process that town has. If they haven't, then I would find one that has. In Mass, the zoning laws vary from town to town and can be very specific. It's important to find someone who has the experience you're looking for.

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  • Alex Furini
    Architect · Cary, NC · Member since 2018 · 96 posts · 63 votes
    6y

    @Ryan Judy, I am not sure about the code and zoning restrictions in your jurisdiction, but from my experience on similar projects in NYC sprinklers were required among many other additions. I'm guessing doing a project like this in Mass. is less involved than where I am located. However, there are many issues that need to be reviewed to determine if this is possible and what alterations will be required to comply with code and zoning. Your best bet would be to contact a local Registered Architect to do a zoning and feasibility study for you.

    Best of Luck with your project,

    Alex Furini, RA

    1Reply
  • Ryan Judy
    OP
    Wayland, MA · Member since 2018 · 16 posts · 3 votes
    6y

    Interesting , I guess I need to find a new architect as the current one has already designed a building that I discovered was too tall For the towns zoning . When you say registered - he is with the state , and an engineer as well , are there architects that specialize in zoning ? 

    Also noticed since you are a RA - the side story here is he has already done the construction documents , and they won’t meet code , he claims I will have to pay for these changes After the fact because I authorized the completion of the documents , But I was under the assumption that the project designed would have to meet code . Does that sound typical ? 

    0Reply
  • Ian Martin
    Developer · Boston, MA · Member since 2016 · 76 posts · 31 votes
    6y

    What town is the project in? When going from a 2 to a 3 in Boston you will be mandated to add sprinklers.

    0Reply
  • Ryan Judy
    OP
    Wayland, MA · Member since 2018 · 16 posts · 3 votes
    6y

    Ian , it’s out in Marlborough...  so adding sprinklers is required to convert from two to 3 must be Boston city code because I don’t see anything in the state building code . (Code even implies a new 3 family would not need to be sprinklered) 

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  • Lien VuongBusiness Member
    Real Estate Agent · Boston, MA · Member since 2018 · 2k+ posts · 1k+ votes
    6y

    New contruction vs renovation is the determined by the amount of work you're doing on the house. Re construction is when you're renovating more than 50% of the home  creating basically a new product and then it's subject to today's code. 

    I own property in Marlborough also but no matter what, when you do a conversion you will have to make the property compliant to today's building codes after passing all zoning, parking, and safety specification. Marlborough I understand, is really looking to add more units and have the city truly prosper so I believe you could achieve this. 

    Are you doing the one that was on the market with the rear unit? 

    [email protected]
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  • Ryan Judy
    OP
    Wayland, MA · Member since 2018 · 16 posts · 3 votes
    6y

    Hi Lien ,

    I get the new construction vs renovating 50% , etc , I just don’t see anywhere in the Massachusetts building code that states a 3 family has to be sprinklered , even though everyone seems to say it does . 

    Defiantly hope the town agrees to it , I’m not trying to create anything ridiculous, but I think sprinklers would be cost prohibitive, and additionally difficult as one of the units is rented. 

    Is it general knowledge that one must bring a property to today’s building code for a conversion ? It’s not a requirement in the code that I could find either .

    Sorry if I seem to be questioning everyone ! I just want to find this stuff in writing !

    also - I don't think it's the unit with the Rear unit , it's on church St , wasn't MLS listed , owner sold it directly
      

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  • Lien VuongBusiness Member
    Real Estate Agent · Boston, MA · Member since 2018 · 2k+ posts · 1k+ votes
    6y

    @Damian Bialonczyk owns in the community also - do you have any experience with this? 

    @Ian Martin does projects all over the city of boston - he should have some good insight

    [email protected]
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  • Alex Furini
    Architect · Cary, NC · Member since 2018 · 96 posts · 63 votes
    6y

    @Ryan Judy, If he is a registered Architect with your state, then the drawings should meet the local code and zoning. We work in a very complicated field with zoning, code, and many other jurisdiction overlays. We dont guarantee perfections and will have oversights just like any other human. That being said the Architects are to provide a "Standard of Care" which should be outlined in your contract. Standard AIA verbage below.

    "The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances."

    If the drawings don't meet code, it is up to us to fix them to comply with the standard of care. That would mean part of the base fee. Please note that Architects do not guarantee approval by the Authority having jurisdiction.(Building Department.) 

    Please note, the above is just general information regarding the practice of architecture. Not being intimately involved in your specific situation, it is impossible to know all the facts that led to the current situation and does not constitute an opinion of fault.

    Good luck with your project,

    Alex Furini, RA




    2Reply
  • Dan WeberBusiness Member
    Realtor · Portland, ME · Member since 2015 · 655 posts · 552 votes
    6y

    Ryan, based on the link above, you are looking at the wrong codes. A single family and two family building fall under the International Residential Code (IRC) and 3+ unit buildings fall under the International Building Code (IBC). When you covert from a two family to a three family, it is a complete change of use and change of code books. Per the IBC, when you change the use of a building (in your case – from an R-3 to an R-2), the building is required to comply with the codes as if it is new construction. If you dig further into the IBC (and associated Massachusetts amendments per 780 CMR), then you will find the requirements for a sprinkler system to be added for such a conversion or new construction in a three family.

    I believe that the confusion arrives (especially in the suburbs) when you have code enforcement officers that aren’t very good at their job or well versed in the code and they don’t catch this requirement. It can create significant inconsistently from town to town on how these codes are enforced. (Speaking as a former code enforcement officer in Mass).

    Also, in regards to the Architect, I always suggest finding a local Architect who has experience dealing with the zoning laws of that specific town. When interviewing Architects, ask them if they have experience with the Planning Board of that town or have been through the Special Permit/Variance process that town has. If they haven't, then I would find one that has. In Mass, the zoning laws vary from town to town and can be very specific. It's important to find someone who has the experience you're looking for.

    3Reply
  • Dan K.
    Rental Property Investor · Boston, MA · Member since 2012 · 257 posts · 139 votes
    6y

    I converted a 3 family to a 4 family in Cambridge. The fire department was fine with no sprinklers but the building department required it for the new construction only. I am an attorney and felt like the building department made the wrong decision, but after some back and forth, installed the sprinklers versus having a protracted legal battle.

    In general, there was a seminal case in 2016. MacLauren v. City of Holyoke regarding 475 Mass. 231 (the regulation on units of 4 or more needing sprinklers). The case reached the highest court in Massachusetts (Called the Supreme Judicial Court -- aka SJC) The investor purchased vacant 4+ unit apartment building and planned on a rehab.

    The investor, MacLaurin argued he didn't need sprinklers because the rehab was minor and that the installation of sprinklers would be much more costly than putting them in at the time of construction. Obviously if you are gutting a building, putting in sprinklers is fairly straightforward, but more cosmetic rehabs are the question at hand.

    The ordinance uses the term “so as to constitute the equivalent of new construction." So this legislative language needed clarity.

    The SJC rules that the investor would need to install sprinklers if the rehab was "so substantial that the physical structure is rendered ‘the equivalent of new construction’ i.e., in essence as good as new.”

    In short, there is still a lot of unknown. It's a balance between getting a project done, an appetite for fighting city inspectors, and pragmatic investments. In addition, going to the city or fire department with case law in hand is not generally a good approach -- they are not going to sit down and read a long legal case.

    In the end, my new construction being fully sprinklered, means that if I want to gut the other three units, I can do so without needing to add sprinklers to the new construction (but I would add sprinklers to the remaining 3).

    2Reply
  • Ryan Judy
    OP
    Wayland, MA · Member since 2018 · 16 posts · 3 votes
    6y

    Dan, 

    Thanks for your advice I think that is spot on. I was too busy concentrating on things like the % of renovation / walls opened when really the real trigger is simply the change of use from R-3 to R-2, which would happen regardless of any other changes. Looks like I have another item to work in to the budget. - Have a great weekend!

    1Reply
  • Ryan Judy
    OP
    Wayland, MA · Member since 2018 · 16 posts · 3 votes
    6y

    Dan K - I think you would not have had to install sprinklers because a 3 family is already R-2 (commercial) so maybe it wasn't a conversion of use per building code. Going from a 2 family to a 3 means it becomes a commercial property, but yours already was. Agreed however, sometimes you have to do what you have to do to get the project done. 

    0Reply
  • Damian Bialonczyk
    Investor · Marlborough, MA · Member since 2017 · 150 posts · 74 votes
    6y

    @Lien Vuong thanks for looping me in

    @Ryan Judy

    I have a property in the same RB zone in Marlborough (Francis St) which is a two family with a semi-unfinished 900sq ft attic. I initially wanted to convert to a 3-family but cash flow has been pretty good and have been putting off major renovations in favor of other projects. Would love to hear about how the special permit application process goes for you. Good luck.

    0Reply
  • Brian LucierPro Member
    Property Manager · Fitchburg, MA · Member since 2012 · 146 posts · 201 votes
    6y

    I really enjoyed your comment. Great case log reference.
    And YES!! Sprinklers from a residential (2 unit) to a commercial (3 unit).
    THAT - is a change in the use of the property and must be in compliance.

    1Reply
  • Dan K.
    Rental Property Investor · Boston, MA · Member since 2012 · 257 posts · 139 votes
    6y

    @Brian J Allen and @Ryan Judy

    Anything in the 1-4 unit size is still residential. In 1990, MA passed a law that gives cities and towns the option to add into the building code a requirement for sprinklers be installed in residences with at least four units. Note: I was a three unit, and became a four unit.

    The law only applies to new construction or to existing buildings when they are substantially rehabilitated so as to constitute the equivalent of new construction.

    There have been legal cases disputing when a renovation is so substantial that it constitutes the equivalent of new construction. The most important case in the area is: ROBERT MacLAURIN & another vs. CITY OF HOLYOKE & others.

    0Reply
  • Brian J Allen
    Real Estate Agent · Worcester, MA · Member since 2018 · 518 posts · 410 votes
    6y

    In Worcester, going from a 2 to a 3 is a change in use and requires a variance.  That is where they get you to add the sprinklers.  Sometimes they are nice to you and dont make you do it, other times they do.  The good thing is with sprinklers you only need 1 Egress from the units as long as you have fire rated doors and the sprinklers.  Was in a 6 family today with only one egress per unit.

    1Reply
  • Ryan Judy
    OP
    Wayland, MA · Member since 2018 · 16 posts · 3 votes
    6y

    @Dan K. I’m afraid something must have changed because code now states that 3 units and above follows commercial building code (R-2)

    I had hoped the case you cited Robert vs Holyoke was relevant to my case and it may still be but the wording in that is very vague , “not less than four units” is what they state. 

    Looks like you got lucky if you didn’t have to install them!

    @Brian J Allen  spot on it’s the change of use from 2-3 that is going to get me . 

    Now on to seeing if I can find a way to get them installed reasonably . (Haha) 

    0Reply
  • Dan K.
    Rental Property Investor · Boston, MA · Member since 2012 · 257 posts · 139 votes
    6y

    Got it @Ryan Judy, you're running into local building code of course which can be more restrictive than the state.

    If the lot has the square footage, could you build a second structure on the lot? The other structure would likely need to be 10 feet from the existing structure.

    In my experience finding fire sprinkler companies for relatively small job is difficult and very expensive.

    0Reply
  • Kainne Hansbury
    Rental Property Investor · Medway, MA · Member since 2017 · 6 posts · 1 vote
    5y

    I'm running into this issue now.  @Ryan Judy how did you make out with this situation? 

    0Reply
  • Ryan Judy
    OP
    Wayland, MA · Member since 2018 · 16 posts · 3 votes
    5y

    @Kainne Hansbury - Not all that great, I ended up running in to other zoning issued with the addition that I needed to increase the space to become a 3 family and am still working through those. 

    The conclusion of my research on the matter is that because changing from a 2 family to a 3 family was considered a "change of use" by my town (Marlborough) it would require the installation of sprinklers. I suspect many towns in Massachusetts have similar code as @Brian J Allen pointed out for Worcester. 

    There does seem to be a lot of variation as to if it is enforced because I have heard from people that have not had to install them. 

    1Reply
  • Kainne Hansbury
    Rental Property Investor · Medway, MA · Member since 2017 · 6 posts · 1 vote
    5y

    @Ryan Judy thanks for getting back to me. The zoning board has approved the conversion and I have the building permit. I think it now becomes a math problem if the cost of upgrades is greater than value of added rent or increased value of the property. Have you talked to any fire engineers in the area that you can point me to? This house is in Franklin, MA. 

    0Reply
  • Ryan Judy
    OP
    Wayland, MA · Member since 2018 · 16 posts · 3 votes
    5y

    Well congrats on getting the conversion approved! Figuring out if it will pay off will be easy once you get a quote for the sprinklers. 

    My contractor recommended Rob Agusto at Agusto Sprinkler in Worcester 508-795-3900 however I have not personally used them or even gotten a quote as I have yet to get to that part. 

    0Reply
  • Nelson Amalbert
    Member since 2022 · 3 posts · 0 votes
    3y

    I am actually starting this same process right now. I just met with an Architect who will be helping me. He had that same idea that we might need sprinklers but he did say that it’s possible that there are exceptions regarding each code pending certain details so that is part of what they will figure out for you. 

    0Reply
  • Jared W SmithBusiness Member
    Architect · Westchester County, NY · Member since 2018 · 682 posts · 476 votes
    3y

    As another Architect here, I agree with both post by @Alex Furini. 

    FYI- I always complete a zoning & feasibility analysis before even starting design to assess the minimums, maximums and site parameters. It would not be prudent for me to do a complete set of construction documents before doing so, regardless if the Owner/Client request so. This is standard due diligence and part of my base fee.  

    Jared W. Smith, RA Principal Architect at Architect Owl PLLC

    Architect Owl PLLC521 Reviews
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  • Steve Sandrews
    West Halifax, VT · Member since 2012 · 10 posts · 1 vote
    2y

    Hi all, new member

    Former Mass State Engineer, contractor,consultant,landlord.

    Mass DOES NOT require sprinklers in change of use, renovation, adding additional units to EXISTING buildings under 7500 ft2 as long as you use:

    IEBC 2015 chapter 14 PERFORMANCE COMPLIANCE.  Building does NOT need to be brought up to current code either. Commercial/residential mixes are fine.

    Performance Compliance rates 21 specific fire safety requirements and as long as you can meet those you are OK.  Typically involves fire proofed exit ways/doors and updated smoke alarms.

    MOST inspectors do not know this.  I have done these PC reports in Greenfield, Worcester, Northampton, Turners, Blackstone, SF.  It is there in black and white in the code, no idea why it is not known.

    Any engineer, architect and sometimes a CSL can do it, or contact me ($2-3 k for the PC report from me).

     

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