I’m in the process of planning the remodeling of my basement for (hopefully) a home theater. I was reading about code requirements in Michigan and was surprised to find the following:
Section R310.1 of Michigan’s Residential Code requires emergency escape and rescue openings in basements with habitable space and in every sleeping room.
Habitable space:
Sections R201.1 and R202 of the IRC defines habitable space as a ‘space in a building for living, sleeping, eating or cooking’. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.’
Therefore, a basement designated and only containing storage, toilet and utility spaces does not require an emergency and rescue window or exterior door.
I have a question about when someone is in violation of this code. The scenarios below have a basement without emergency and rescue window or exterior door.
Scenario 1: Unfinished basement (bare concrete floors with the studs and joists not covered with drywall etc). I decide that this is a place to get away from everyone and put a chair and a TV in my basement and use it for “living” (similar to what some people do with their garage) Am I in violation of the MRC?
Scenario 2: I finish the basement (laminate flooring, all walls and the ceiling covered with drywall). I use it only for storage or utility though. Am I in violation of the MRC?
Scenario 3: I finish the basement. I use it for a home theater.
Also, I have one additional question. “Finishing a basement” is listed as an item when you require a residential renovation permit. I know what a “finished” basement looks like when I see one, but I’m wondering what that actually would mean. I wouldn’t consider a basement with open joists (no covering on the ceiling) as “finished”, but if you drywall the walls and leave the ceiling, is it “finished”?
Thanks for reading this long post and I’m hopeful some of you can help this confused homeowner!
Replies
Does it matter? You need emergency egress -- if not now then sometime in the future or when you sell. Having emergency egress greatly increases the resale value of the basement space.
So I need emergency egress even if I do nothing to my basement? When I received my certificate of occupancy from my city, I was not told this was a requirement. I am definitely confused.
My question matters simply since I need to know if I'm breaking the law right now if I simply put a TV and chair in the room. I think that's a fair question. If I don't decide to finish more of the basement, I need to know if this simple action would still be a violation. If I'm not breaking the law, then at what point of finishing the room (or changing what the room is for) does it become a violation.
Egress windows are expensive and not an expense I was planning on. I certainly would prefer not to go through with it and it could easily change my plans due to the expense.
Dan I've found your posts on these forums to be very helpful to many people in the past (including me) so I hope this helps explain why my question matters to me.
Every AHJ will view this a bit differently, but generally until you "finish" the space you can have a TV and a pool table and sleep sofa and a small dance hall in it and not be in violation of the BUILDING code (though you may be in violation of fire occupancy rules, etc). At worst they're gonna come along and tell you to remove the stuff.
But when you finish the space the inspectors will assume it has an intended use and will require that it be up to code for that use. Precisely how they will interpret the code in a particular case is hard to predict -- some inspectors are lenient, some quite fussy, plus the specifics of the code vary a lot.
Thanks Dan! I appreciate the response.
It is better to think of your situation by the intended use.
Placing chair and TV into an unfinished basement is changing the intended use of that basement into a "habitable space" and then all the other requirements apply.
Finishing the basement with insulated walls, and a finish floor, does not by itself change it into a "habitable space" if you are only using it for stroage or utility. You have simply provided a better environment for storing things.
"Finishing a basement" does not define what the final surface finishes are, but is the addition of heat, light, ventilation, electrical, insulation, egress, etc., required for habitable spaces. Having an open ceiling with joists exposed do not mean the room is "unfinished". That is only an interior design and decorating choice.
Egress capability is required for any finished basement.
So the answers to you original questions are:
Yes. You have converted the use of the room, without meeting building code requirements.
No. Drywall and laminate floor is not 'finishing' as intended for habitable spaces.
No. Assuming you meet all the requirements for habitable spaces, including egress, as part of the finishing.
Building Codes only apply for the initial construction, and any subsequent modifications. Fire Codes are usually the regulations affecting existing buildings, including change of use.
Most Fire Codes will require change of use of buildings or rooms to be brought up to current Building Code requirements. Check your local Fire Codes as well.
Insurance companies don't like it when you make changes to your house, without complying with current Building, Fire, and Electrical Codes. Check the fine print on your insurance policy.
not so fast
catmandeux wrote:
It is better to think of your situation by the intended use.
So the answers to you original questions are:
Yes. You have converted the use of the room, without meeting building code requirements.
No. Drywall and laminate floor is not 'finishing' as intended for habitable spaces.
No. Assuming you meet all the requirements for habitable spaces, including egress, as part of the finishing.
I usually agree with all of catmandeux reasonable posts, but do take exception to all three answers given in this post. Specifically:
1. NO. By placing a television in an unfinished basment and "getting away" to watch it is no different than placing a washing machine in an unfinished basment and "getting away" to that location and watch the clothes go 'round (to paraphrase Crissy Hine). Building codes are for building. The occupant has not built anything in this case. The builidng code enforcement dept. does not (IMO) have any buisness interjecting themselves into the privacy rights of this home's occupant in this particular case.
2. If the room can reasonably used as a bedroom (and I believe it can) , then YES, it would be in violation of builidng code to finish this space w/o providing an emergency means of egress.
3. YES. The poster already assumed he was excluding emergency egress as part of his builiding plan. So, yes, he would be in violation. Your clause about including egress as part of the project only confuses the issue.
I was trying to correct the OP's definition of "finishing" as adding drywall and flooring, to that of including electrical, heatiing, ventilation, insulation and EGRESS. Yes, I aggee that building codes only apply to new construction and renovation. It is the Fire Codes that could be relevent for a change in use for previously approved construction.
I obviously failed in my explanation.. Not the first , probably not the last ( You can ask my wife about my failings, she keeps a record! <g>)
Regarding 1) Fire Codes would apply here, as oppposed to Building code. I am not all that familiar with the Michigan Residential code, so I am not sure whether these would reference the Fire Codes or not.
Regarding 2). Adding drywall and flooring does not necessarily mean it can be used as a bedroom. The local building department may interpret the code differently than I do. In my area ( Southern Ontario) you need to add the electrical, lighting heat and ventilation before it is assumed to be a bedroom. The OP should check with the authorities.
Regarding 3) I was attempting to define Finishing as including the egress requirements. Adding drywall, flooring and other trim does not mean the room it "finished" suitable for habitable space. All the other stuff needs to be included. It is not finished unless all requirements are addressed.
I Googled Michigan Residential Code for further information. Aparently, the new regulation do not require egress for living spaces, only bedrooms.
https://www.certifiedtraininginstitute.com/michigan-building-code-changes-effective-february-8-2016/
The OP should check with the local building department for clarification on how they interpret the new code.
My applogies if I added confusion to this discussion. When it comes to code compliance, a clear understanding of the terms is necessary if anyone can make sense of the regulations.
Cheers,
If your basment is currently unfinished, then it is not considered a habital space and you are legal and conforming to builidng code.
However, if you finish your basment into a home theatre space, then IMO it will be considered a habital space and will need to have an emergency egress as part of the permitted project. If you are not making any structural changes to your home, then a builiding permit is generally not requireed. Installing an emergency means of egress will generally will be considered a structural modification to your exterior wall system. If you are making any mechanical, electrical, or plumbing modifications to your home beyond "normal" repairs, then it requires corresponding permits. As a homeownner you can pull any type of permit you need. If you hire someone to do the work, then they should pull their own permits using their approved credentials.
If it Quacks Like A Duck ....
And time to stop playing lawyer!
The meaning of 'habitable ought to be plain .... simply put, if you set your tail down and relax there, it's "habitable.' Don't be a wormtongue. Make the space part of your daily life, and it's habitable.
So, the real question is whether you really give a hoot whether it's done right- or not.
In looking to buy a house, I saw all manner of clever DIY 'improvements.' Whether they were backyard workshops, added bedrooms, converted porches, or something else.... it was plain to me that the original structure had been changed. It was also plain what shortcuts had been taken; whether fro ignorance or "economy" I care not. The point is, when I saw such things I just had to wonder what flaws were concealed behind the plaster, what else the occupant had harmed.
Basement conversions were particularly obvious - and lacking. Basements are simply not intended for use as living spaces ... low ceilings, poor ventilation, uneven floors are typical.
Access is a particular concern. Forget the codebook; look to your own utility. Just how easy is it for you to (say) carry a couch down the stairs? Perhaps there's a real need for a direct entry from outside.
Aren't basements known for being dank and musty? Do you think larger windows might improve that situation?
Yes, things have changed over time. That's why your insurance policy becomes extremely limited the moment the house turns 25.
Thank God we don''t live in one of those places where everyone rats each other out, and the State steps in, the moment you put a recliner and table lamp in your basement. Still, if you plan on making yourself a 'man cave,' honor compels you to do it right. It's your conscience.
renosteinke wrote:
Still, if you plan on making yourself a 'man cave,' honor compels you to do it right.
Honor has nothing to do with building code compliance. Never has. Never will.
Dan and Deadnuts - Thank you very much for your helpful replies. I appreciate them.
The life safety officers I know don't really start getting serious until you are making a sleeping room. If it looks like a bedroom, you start jumping through hoops.
In my area (Northern Virginia), the semantics of "bedroom" vs. "sewiing room", "office", "den", etc. went out the window (pardon the pun) with code plan reviewers years ago.
If the room can possibly and reasonably be used as a bedroom, it will be interpreted as such and will require an emergency means of egress. This means just because your realtor wants to see an included closet in a room in order for it to be deemed an additional "bedroom", the lack of one for a plan code reviewer means nothing. This also means that a hall linen closet would not necessarily be considered a bedroom although someone could possibly sleep in it. Also, keep in mind that if the room is at direct grade level access, then the net clear opening may be slightly reduced (from 5.7 sq. ft net open to 5.0) from normal emergency egress opening requirments. If applicable, this may reduce your construction costs.
What a reply! It's not only
What a reply (@Catmandeaux)! It's not only your knowledge of code and construction that outpaces mine, but obviously your googling skills are better (and I thought i was pretty good!). I never saw this one and this could be great news. I see the point regarding checking with local authorities in the site you posted (and I did on Friday but am waiting for a response), but this provides hope for my reno.
Also I see in another location that there has been changes to ceiling height requirements. Should be interesting as I might have needed a 1 or 2 inch variance. Still might (hard for me to understand what it is saying without seeing the full code) but again, there's hope.
Thanks for replying!