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 · 656 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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  • Brian J Allen
    Real Estate Agent · Worcester, MA · Member since 2018 · 519 posts · 410 votes
    2y

    That is wonderful, but some Cities, like Worcester simply don't let you do it without sprinklers

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

    Hi, I just completed and was approved in Worcester for a change of use A-2 single unit and 2 R units to an r-2 3 unit.   Zoning was not an issue in this case.  

    Owner had kept contacting Bldg Official.  I suggested only her contractor or I speak with him.  They dont like dealing with owners. (Kinda like mechanics charge more for you to watch and help haha)

    Chapter 14 IEBC is key.  IBC only for new construction.

    I am unaware of any "city" law trumping MGL or IEBC.  

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