Combining Floors - Legal 3 family to 2 family conversion?
@jimhillra – wow. this is annoying. The building was originally a 2 family before being renovated ~15 years ago, when the C of O was amended to 3 family.
Really hoping this doesn’t turn into a big fiasco trying to combine apartments legally
alexkavourias
in General Discussion 2 weeks ago
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BobMarvin | 2 weeks ago
The house the OP describes is considered to be two story. The garden floor is a “basement”. My house is the same, even though it’s functionally three stories.
jimhillra | 2 weeks ago
@umanish – The short answer is that the exemption has nothing to do with the number of stories. The long answer is below.
@BobMarvin – A basement/garden level is considered a story for most, if not all, code issues. A house with a cellar, basement, parlor, and second floor is a three-story house.
The exemption I quoted is from the NYC Fire Code, section 501.4.3.1 Provision of Sprinkler Protection in Altered Buildings on Substandard Width Public Streets and Fire Apparatus Access Roads.
https://up.codes/viewer/new_york_city/nyc-fire-code-2014/chapter/5/fire-operations-features#5:~:text=501.4.3.1%20Provision%20of%20Sprinkler%20Protection%20in%20Altered%20Buildings%20on%20Substandard%20Width%20Public%20Streets%20and%20Fire%20Apparatus%20Access%20Roads
This section is what is generally used for houses on streets less than 34 feet wide (curb to curb) which is most of Brooklyn, unless you’re on a major avenue with or street 2-way traffic.
There are several exemptions here. Below is the text for the one I mentioned:
“By reason of alteration or otherwise, there is a change in the “main use or dominant occupancy” of the building, as determined by the New York City Department of Buildings for purposes of assigning a single occupancy classification to the building, including any change from a Group R-3 occupancy to a Group R-2 occupancy, but excluding a change in use or occupancy that is limited to restoring a building that was originally constructed as a one-family or two-family dwelling to its original one-family or two-family use and occupancy”
The thing to remember on this and all other issues covered by multiple codes is that when there are conflicting codes, the more stringent code will apply. So even if the building meets the fire code exemption, it may not meet the building code exemption, so sprinklers would be required.
BobMarvin | 2 weeks ago
Thank you Jim—I stand corrected.