Air B&B where owners do not reside in the structure

[Steve Paulk]

Good morning and I hope all is well in your jurisdiction.

I have a questions on AirB&B occupancy when the owners do not live in the structure.

Does the Use classification change  to an existing  second floor apartment (R-2) when it becomes strictly a AirB&B with no owner occupancy ?

If so does the Use classification change to a R-1 ?

If so what fire protection would you require?

Respectfully

Steve Paulk

City of Lexington

CBO

540-462-3738

 

 

[Jamie Wilks]

With the adoption of the 2018 USBC, there appears to be a significant change in the code regarding this particular situation.

In my opinion:

If the building is not occupied by the owner or proprietor, it can not fall with in the Virginia Residential Code (a change from the 2015 USBC).

Therefore, only two options remain, R-1 or R-3, both require automatic sprinklers.

Hope this helps.

[Jamie Wilks]

Update.

In speaking with the SBCO, the following shall apply (I initially missed this):

There was a significant re-write of this section, and I’m not sure it is as clear as it could be.

310.4.2 Lodging houses. Owner-occupied or proprietor occupied

lodging houses and other transient boarding

facilities not more than three stories above grade plane in

height, with five or fewer guest rooms and 10 or fewer

total occupants shall be permitted to be classified as either

Group R-3 or R-5, provided that smoke alarms are

installed in compliance with Section 907.2.10.2 for Group

R-3, or Section R314 of the IRC for Group R-5.

 

[Steve Paulk]

Thanks and I will agree with you on not being clear. The other transient boarding facilities is not clearly stated if it has to be or does not have to be : owner occupied or proprietor occupied.

 

[Vineyard]

Does not have to owner occupied. fire protection required for R-3 as applicable in accordance with VEBC Section 704.

The 2018 removed the bucket list of occupancy categories and their definitions.

To my knowledge nothing much has changed, R-2 is primarily non transient and R-3 can transient with 10 or fewer occupants.

this reply is from my mobile device, hope this makes sense and without errors.

[Steve Paulk]

Thanks

[Vineyard]

Steve, my previous answer on R-3 applies to buildings with no more than 2 dwelling units..

I concur it should be R-1 in buildings with more than 2 dwelling units.

That said, my interpretation of VEBC 705.4 reference to “occupant-load-based” means of egress (VCC 1006.3.2) requires R-1 to have two means of egress above the second story in accordance with 1006.3.3.

[Author]

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