3102 ROCKEFELLER AVE CANFIELD MADOW LAW GROUP 2022-11-28

• Additionally, plans were submitted as part of the building permit in 1989.The basement was shown to have no other use than storage—all office space proposed was on the upper two floors. If there had been usable space in the basement at that time,there was clearly no intention nor permitting or vesting of the use in the basement level other than storage. The plans show that the basement will be fully-finished to include uses not previously permitted from previously determined 'not habitable space'.The question is then what is grandfathered and which codes apply to the basement? As this is an existing building,we start with the International Existing Building Code.Section 101.4.1 states: "A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall be permitted to comply with the provisions of the laws in existence at the time of its original permit unless such permit has expired.Subsequent permits shall comply with the International Building Code or International Residential Code, as applicable,for new construction." This section makes it clear that based on the determination above,that the basement would be required to comply with the current IBC provisions to include ceiling height. IBC Section 1208.2 would then require 7 feet 6 inches of ceiling height for the occupiable and habitable basement spaces and 7 feet for the bathroom and storage rooms. What I find interesting is that IF back in 1989 there was plenty of parking available the basement could have been made into habitable space as the UBC did not require minimum ceiling heights for commercial spaces back in that era. So, If the space had been converted,what code would apply? The minimum code that would apply would be the International Property Maintenance Code—which is the minimum code for all structures within Everett. IPMC Section 404.3 Minimum ceiling heights: Habitable spaces, hallways, corridors, laundry areas, bathrooms,toilet rooms and habitable basement areas shall have a minimum clear ceiling height of 7 feet. Exception: 1. In one-and two-family dwellings, beams or girders spaced not less than 4 feet on center and projecting a maximum of 6 inches below the required ceiling height. 2. Basement rooms in one-and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a minimum ceiling height of 6 feet 8 inches with a minimum clear height of 6 foot 4 inches under beams,girders, ducts and similar obstructions. Although these exceptions apply only to one-and two-family dwellings the commercial intent is similar in this proposal— areas with limited use. I would not be apposed to apply these standards to the proposal per Exception 2: Minimum height of the basement ceiling at 6 feet 8 inches with a minimum clear height of 6 foot 4 inches under the beams,girders, ducts and anything else. I will then continue on the rest of the plan review. Thanks,Tony 2Ia