Interpretation #7143
Published February 06, 2013
Original Request
- Code Version
- 2010
- Code
- BUILDING
- Code Description
- Building
- Chapter
- 3
- Section
- 310
- Topic
- CO for R3 to R1
Question
Would converting a single family R-3 dwelling that has a certificate of occupancy as a R-3 occupancy to transient use as defined in section 310 result in a change of occupancy from R-3 to R-1?
Answer Published 02/06/2013 at 8:49 AM
No - under normal circumstances and building code it
remains an R3 occupancy. The definitions state
this: "TRANSIENT. Occupancy of a dwelling unit or sleeping
unit for not more than 30 days" so if a dwelling unit is
rented for 31-days or more it is no longer considered a
transient lodging by code definition and as such would
remain as an R3 occupancy.
remains an R3 occupancy. The definitions state
this: "TRANSIENT. Occupancy of a dwelling unit or sleeping
unit for not more than 30 days" so if a dwelling unit is
rented for 31-days or more it is no longer considered a
transient lodging by code definition and as such would
remain as an R3 occupancy.
Commentary
It would be up to the local authority having jurisdiction
to choose to monitor the 30-day occupancy but it seems
highly unlikely this would happen.