scope:

The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height.

Exception: The following shall be permitted to be constructed in accordance with this code where provided with an automatic sprinkler system complying with Section P2904:

1. Live/work units located in townhouses and complying with the requirements of Section 508.5 of the International Building Code.

2. Owner-occupied lodging houses with five or fewer guestrooms.

3. A care facility with five or fewer persons receiving custodial care within a dwelling unit.

4. A care facility with five or fewer persons receiving medical care within a dwelling unit.

5. A care facility for five or fewer persons receiving care that are within a single-family dwelling.

• The provisions of the code apply to all aspects of construction for detached one- and two-family dwellings; multiple single-family dwellings, defined as townhouses; and all structures accessory to the dwellings and townhouses. This section sets a limitation in its scope of application to include only those townhouses, one- and two-family dwellings, as well as the accessory structures to such townhouses and dwellings, that are up to and including three stories above grade and where a separate means of egress system is provided for each of the dwelling units. The definition of townhouse covered in the code must meet four criteria:

1. It is not more than three stories in height.

2. It has a separate means of egress.

3. Each unit extends from foundation to roof.

4. There is open space on at least two sides.

Where a dwelling or townhouse exceeds the allowed height in stories, does not provide individual egress for each dwelling unit or does not conform to the prescriptive provisions of the code, the structures are then beyond the scope of the code and the provisions of the code cannot be applied. The building must then meet the provisions of the International Building Code^® (IBC^®) or other legally adopted building code of the jurisdiction. The actual height of the building, measured in feet and applied to the height of each story, is limited by the governing provisions for each specific material as found in Chapter 6 of the code. The user of the code will discover that, depending on which material is selected for the wall construction, the result may be buildings of different permitted heights. For instance, where the wall system is of insulating concrete form construction as prescribed in Section R610, the building is limited to two stories above grade and each story is limited to 10 feet (3048 mm) in height. If wood stud wall framing is used pursuant to the requirements of Section R602, the allowable story height and overall building height will greatly exceed those permitted for the insulating concrete form wall construction method. The code does not limit the area of the building.

The provisions address all aspects of construction, alterations, repairs, maintenance, change of use, additions, relocation, or demolishing for any one-family dwelling, two-family dwelling, townhouse or accessory structure. The code regulates all activities that modify the buildings, as well as any structures that are of incidental use to the main buildings and that are also located on the same lot. The code regulates construction, plumbing, mechanical, electrical, equipment, fixture and gas piping installations that are done to the building and its operating systems, as well as to other structures incidental to the main building and on the same lot. Even work that is specifically exempted from permits must comply with the requirements of the code.

Five exceptions are provided that allow various types of facilities to be constructed under the IRC that would otherwise typically fall under the scope of the IBC. This is coordinated with the options for these facilities in IBC Chapter 3. Each of the exceptions requires that the building be sprinklered with a system that complies with Section P2904.

Exception 1 addresses live/work units that are designed to comply with Section 508.5 of the IBC and are equipped with an automatic sprinkler system complying with Section P2904. As stated in Section 508.5 of the IBC, a live/work unit is an option for a dwelling unit in which a significant portion (up to 50 percent) includes a nonresidential use such as an office, a hair styling shop or barbershop or small store. Section 508.5 of the IBC states that if the nonresidential portion of the building is an office that comprises less than 10 percent of the building area, the unit is not considered a live/work unit and does not need to be made to comply with the provisions of Section 508.5 of the IBC. Section 508.5 of the IBC also includes requirements for maximum size, means of egress, loading, accessibility, ventilation and plumbing.

Exception 2 allows small bed and breakfasts to be constructed according to the code. A definition of "Lodging house" is included in Chapter 2 to generally encompass rental lodging for five or fewer guests within a single-family home, distinct from hotels and boarding houses.

Exceptions 3, 4 and 5 allow the following types of sprinklered care facilities for five persons or fewer to be constructed according to the code, respectively:

• Facilities that provide custodial care in a dwelling unit.

• Facilities that provide medical care in a dwelling unit.

• Facilities that provide custodial or medical care in a single-family dwelling.

The Fair Housing Act does not allow for families to be determined by blood or marriage; that is considered discriminatory. Most states start licensure laws for care facilities at six or more residents. These exceptions are intended to allow for small care facilities to be constructed under the code, thus allowing for persons, including a friend, family member or foster children, to be cared for in a single-family home.