Habitable Space loophole

[Marcos Silva]

This is my first post on this forum.

The Residential code says that all dwelling units must be provided with heat.

Dwelling units are identified as spaces where you can sleep, live, cook and have sanitation.

Then there is a statement that identifies how the heat in these spaces are to be measured but identifies these spaces as Habitable spaces.  Bathrooms are excepted as habitable spaces.

Is this a loophole that allows builders to provide bathrooms with no heat?  In the specific situation I am looking at, the bathroom has 3 of the 4 walls exposed to the exterior and in addition, a floor and roof exposed.  This sets up a bathroom that will undoubtedly freeze in winter.  Builder is hanging his hat on it not being a habitable room and therefore no heat required.

I have learned that many property maintenance codes including some housing organizations have included bathrooms in the heating requirements.  The Virginia Code needs to be amended to also include bathrooms

[Richard Grace]

Welcome Marcos. I believe the loophole you are looking at is located in the IBC, IRC, and (unfortunately) the VRC (Virginia Residential Code). A Virginia Technical amendment to the IBC (now known in Virginia as VCC) for this requirement took out the term “habitable”, thus closing this loophole (see Section 2801.1.1). Without the term “habitable”, all portions of a dwelling unit require to be heated at 65 degrees between October 15 and May 1, etc., etc., etc. Now the unfortunate part. This technical amendment did not make it into the VRC. No worries, Section 101.6 of the USBC Part 1 (the mother code) says that if there are requirements that differ from the requirements contained within the USBC, the USBC requirements take precedence. Simply put, VCC Section 2801.1.1 rules over VRC Section R303.9. Loophole closed 🙂

[Marcos Silva]

Thank you Richard.  This is very helpful and I hope this will be closed in the 2015 code.

 

[Marcos Silva]

I note that in 2801.1.1, reference is made to dwelling units that are rented or leased.  What about single family homes that are owned?  A builder can still wiggle out with that language.

[Richard Grace]

Good point, Marcos. The closest I can get to a dwelling unit that is owned (perhaps other minds can find more) is exactly the loophole issue you identified, so I attempted to look in a different direction. VRC references ACCA Manual J, S, and D. Manual D identifies that an air flow should be directed to all rooms that have a load associated with it, calculated by Manual J, but the language is passive, thus unenforceable. You do have the authority to request the Manual J calculation, including an air distribution table showing how the heat losses are being offset by the air distribution system. If this bathroom has exterior exposure on 5 of 6 sides, there is going to be a load associated with that room that must be addressed in the calculation. It would be interesting to see how that load is addressed. Keep the calc so that when winter comes, (and yes winter is coming), you have it available to hand to the owner when they go after the contractor because their bathroom is freezing.

[Marcos Silva]

Thanks Richard.  You are forcing this old architect to visit the world of codes and manuals never previously traveled. 🙂

[Vineyard]

For my 2 cents worth I interpret the section to provide heat in the dwelling unit; includes sanitation (ref. 202 dwelling unit & R306 toilet facilities). The section then guides us how and where to measure the minimum temperature.
Appearantly the bathroom will be heated indirectly and more so with the exhaust fan drawing air from habitable spaces.

To the proposal of a code change to this effect may increase the cost of construction. To my knowledge there are still rural areas that still allow for detached outhouses as per VDH and the dwelling heated without forced air.

Feel free to let me know where I may be incorrect.

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