Attic remodel & building codes

[Gardenarian]

Hi all - maybe someone can weigh in on this -

Our attic is semi-finished (the previous owners put up drywall and carpet, that's about it.) I'd like to add a 1/2 bath to make it a family/guest room. I did put in a larger window (one that is big enough to count as an exit in case of fire.)

The problem is that the ceiling is nowhere higher than 7', and mostly a great deal lower. I keep reading that I can't remodel it unless the majority of the ceiling is over 7.5'.

Obviously I can go ahead and do what I want, but will I have to find a shady plumber? Does this mean it will be illegal? And what would that imply?

Our walk-out basement had been formerly rented as a "non-conforming" apartment. Would that mean if we ever sold our house, the attic would simply be listed as "non-conforming?" I'm okay with that.

What are the consequences of not following the building codes? Is it difficult to find people to do the work?

I can do most of the carpentry, but not putting in a sink and toilet.

Thanks for any leads on this.

[Gardenarian]

bump

[Gregg]

Usually things like ceiling heights are grandfathered in for existing houses. Usually. Any work you do without permits and inspections is kind of at your own risk. The only time it can really cause any problems is if you go to sell and what you have doesn't match the assessor's records. You can ask a realtor about how that would work in your area. Non-conforming in my area refers to additional units, rental units, that were not permitted or do not meet current codes. Around here it is illegal to rent out a non-conforming unit, but the law isn't enforced. Every jurisdiction is a little different regarding building codes. I'd simply call your local building department (anonymously) and ask them all the questions. That way you know you've got the answers straight from the people you'll need to deal with anyway.

[rodeosweetheart]

I think it really depends on wher eyou live, as Gregg says. I did have a neighbor in a Chicago suburb that bought a house with an attic remodel that was like you stated, with non-conforming ceiling heights. Someone--maybe the seller- or my neighbor--this was 30 years ago--got reported and had to pay very major fine per day--I think it was something like 50 dollars a day--I remember it being 1500 for one month, until they corrected it.

But hey, that ws a long time ago, in a high rent galaxy far away, so maybe you would be safe.

[Gardenarian]

Thanks! I think I will give the building department a call. The code is kind of hard to interpret, and I just found that for California the height is 7 feet for 50% of the floor space. I don't think I have that much height, but I can close off parts of the attic (only used for storage anyhow) and perhaps not include them in the plans.

I'd just as soon go by the book, as long as the book makes sense. I sure don't want to get hit with any outrageous fines!

Now that I think of it, Dh has a friend who is a house appraiser. Maybe I can trade him some homegrown apricots for some advice.
I'm psyched to get going on this project.

[SteveinMN]

I'd just as soon go by the book, as long as the book makes sense. I sure don't want to get hit with any outrageous fines!
Just read the book carefully. On my rental property -- my mom's place -- if it were her own home, things would be fine. But since I rent it to her, the house needs to meet additional codes. Two of the windows in the bedrooms are too high to meet current code for rental properties. I had to get an exception made for the house. But it was made. So don't accept that whatever code reads now is the way it must be.

[ToomuchStuff]

Besides the ceiling, you need to consider the floor (ceiling below), ventilation and access to plumbing (electrical would be the easiest).

There are different size floor joists in an attic. One size is a flooring size (can build on it), while another size, is nothing more then house structure and would flex too much (especially with a bathtub on it).
The bathroom, will likely have to be over an existing bathroom or kitchen, for access to both water and drain pipes, and expect to have walls and ceilings below, cut into (so you don't have surprises). More destruction before construction, if not.
Bathrooms typically are required to have either a ceiling fan (height issue), or a working window. Not to mention insulation and moisture issues, especially if you have a low ceiling.

[Gardenarian]

Steve - I didn't know that rentals had different codes. I wonder why? This is a consideration, as it is a space we might conceivably rent out at some time.

Too much stuff - thanks for the information! These are issues I hadn't considered. I believe the joists in our attic are the same as in the rest of the house, though as it has a floor, I haven't actually seen them. We would not be putting in a tub, but I sure don't want a toilet coming through the ceiling!

I would be placing the toilet and sink directly over the ones on the floor below, and putting in a skylight or dormer window (though if I need to put in a dormer, well - that's another story!)

[SteveinMN]

Steve - I didn't know that rentals had different codes. I wonder why? This is a consideration, as it is a space we might conceivably rent out at some time.
Of course, multiple-family dwellings have requirements for fire containment, emergency escapes, etc., that don't apply to single-family houses and condos. It may very well be that the same code that applies to single-families and townhouses applies to rentals -- but it's actually applied and enforced in rentals. It's one thing when it's you and yours being put at risk by not meeting coe. It's another to be indirectly responsible for the welfare of other people by renting out that property. And, as is the case with most laws, the bad apples spoiled it for the good ones, so laws get put into place.

[sweetana3]

We had a neighbor in NC that tried to put in rooms in her attic without a building permit. Well, she had ticked off another neighbor who reported her. Lots of problems and fines. This was not even a rental.

I have a neighbor who obviously has not read our historic area rules and put in an aluminum storm door. I am not reporting them but if I was the typical grumpy neighbor, this could result in lots of problems.

[Gardenarian]

Luckily, my neighbors are wonderful. The previous owners rented out our lower floor as an apartment (without permit) and nobody minded at all. I live in kind of a funky town - not only would people not notice if you put in an aluminum door, they wouldn't mind if you painted your house lime green and purple!

I'm going down to town hall to check out the situation today. The people there are pretty easy going, and if you're acting as your own contractor they don't ask too many questions.