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Landlords should take careful consideration when selecting investment property. On occasion, a garage or porch may have been remodeled into additional living space. This may (or may not) be an attractive addition. A landlord should always be mindful of their responsibilities and liabilites when making a purchase. |
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Non Conforming Bedrooms
Article taken in part by Nick Gromicko and Rob London
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? Some of the reasons include:
- To earn money from it as a rental. While they run the risk of being discovered by the city, landlords will profit by renting out rooms that are not legally bedrooms.
- To increase the value of the home. All other considerations being equal, a four-bedroom house will usually sell for more than a three-bedroom house.
- Lack of knowledge of code requirements. To the untrained eye, there is little obvious difference between a conforming bedroom and non-conforming bedroom. When an emergency happens, the difference will be more apparent. If you have any questions about safety requirements, ask your InterNACHI inspector during your next scheduled inspection.
 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. In addition, 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.
- EMERGENCY ESCAPE AND RESCUE REQUIRED SECTION: R 310.1 Basements and every sleeping room shall have at least one operable emergency and rescue opening. Such opening shall open directly into a public street, public alley, yard or court. Where basements contain one or more sleeping rooms, emergency egress and rescue openings shall be required in each sleeping room, but shall not be required in adjoining areas of the basement. Where emergency escape and rescue openings are provided, they shall have a sill height of not more than 44 inches (1,118mm) above the floor. Where a door opening having a threshold below the adjacent ground elevation serves as an emergency escape and rescue opening and is provided with a bulkhead enclosure, the bulkhead enclosure shall comply with SECTION R310.3. The net clear opening dimensions required by this section shall be obtained by the normal operation of the emergency escape and rescue opening from the inside. Emergency escape and rescue openings with a finished sill height below the adjacent ground elevation shall be provided with a window well, in accordance with SECTION R310.2.
- 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.
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 and be equipped with an AFCI or smoke alarm to be considered a conforming bedroom. 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.
In summary, non-conforming bedrooms are rooms that unlawfully serve as bedrooms, as the occupant would lack an easy escape in case of emergency. |
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