InterNACHI

Pssst! We're working on a new design for NACHI.ORG. Take a sneak peek.

Non-Conforming Bedrooms

by Nick Gromicko
 
 
A room must conform to specific requirements in order for it to be considered a bedroom or sleeping room. The reason for this law is that the inhabitant must be able to quickly escape in case of fire or another emergency.
 
Why would a homeowner use a non-conforming room as a bedroom?Non-conforming window  Some of the reasons include:

Homeowners run serious risks when they use a non-conforming room as a bedroom. An embittered tenant, for instance, may bring their landlord to court, especially if the tenant was forced out when the faux bedroom was exposed. The landlord, upon being exposed, might choose to adjust the bedroom to make it code-compliant, but this can cost thousands of dollars. Landlords can also be sued if they sell the home after having advertised it as having more bedrooms than it actually has. And the owner might pay more than they should be paying in property tax if they incorrectly list a non-conforming bedroom as a bedroom. Perhaps the greatest risk posed by rooms that unlawfully serve as bedrooms stems from the reason these laws exist in the first place:  rooms lacking egress can be deadly in case of an emergency. For instance, on January 5, 2002, four family members sleeping in the basement of a Gaithersburg, Maryland, townhome were killed by a blaze when they had no easy escape.

The following requirements are taken from the 2006 International Residential Code (IRC), and they can be used as a general guide, but bear in mind that the local municipality determines the legal definition of a bedroom. Such local regulations can vary widely among municipalities, and what qualifies as a bedroom in one city might be more properly called a den in a nearby city. In some municipalities, the room must be above grade, be equipped with an AFCI or smoke alarm to be considered a conforming bedroom, for instance. Ceiling height and natural lighting might also be factors. The issue can be extremely complex, so it’s best to learn the code requirements for your area. Nevertheless, the IRC can be useful, and it reads as follows:

  • BULKHEAD ENCLOSURES: SECTION: R 310.3 Bulkhead enclosures shall provide direct access to the basement. The bulkhead enclosure with the door panels in the fully open position shall provide the minimum net clear opening required by SECTION R 310.1.1. Bulkhead enclosures shall also comply with SECTION R 311.5.8.2.
  • EMERGENCY ESCAPE WINDOWS UNDER DECKS AND PORCHES: SECTION: R 310.5 Emergency escape windows are allowed to be installed under decks and porches, provided the location of the deck allows the emergency escape window to be fully opened and provides a path not less than 36 inches (914 mm) in height to a yard or court.
In summary, non-conforming bedrooms are rooms that unlawfully serve as bedrooms, as the occupant would lack an easy escape in case of emergency.
 
 
InspectorSeek.com
 
 
How to Be a Successful Landlord
Fire Safety for the Home
For the best inspector in your neighborhood, visit www.InspectorSEEK.com
 
 
 

Popular Sections

:

All Sections

Inspection News

InterNACHI Membership

Inspection Standards

Inspection Education

InterNACHI Inspectors

Inspection Links

 

 

 

NACHI.ORG Statistics