Frequently Asked Questions - Residential Code

Q.    Does the residential code require footings to frost for all buildings?   

A.   No.  Section R403.3 entitled “Frost protected shallow foundations” provides that for buildings where the monthly mean temperature of the building is maintained at a minimum of 64ºF (18ºC), footings are not required to extend below the frost line when protected from frost by insulation in accordance with Figure R403.3(1) and Table R403.3.

EXCEPTIONS:

1. No foundation not so protected may be attached to frost-protected shallow foundations.

2. Unheated garages, porches, utility rooms and carports shall not be permitted to be attached to dwelling units with a frost-protected shallow foundation.

 Materials used below grade for the purpose of insulating footings against frost shall be labeled as complying with ASTM C 578.

Q.   Can the required emergency egress from habitable space in a basement exit thru the garage? 

A.   No.  Section R310 requires that emergency escape and rescue openings be provided from basements with habitable space and every sleeping room.  The definition of the phrase “emergency escape and rescue opening” is an operable window, door or similar device that provides for a means of escape and access for rescue in the event of an emergency.  Section R310 permits window wells and bulkheads.  To further support this opinion, section R311 prohibits traveling through a garage to access the required exit door from a dwelling to the exterior.

Q.   Does the new energy code apply to an addition to an existing house?

A.   Yes.  The RC applies to new construction and Chapter 11contains the energy code provisions.  Alterations to the existing portion of the house are regulated by RC section N1101.1.3 entitled “substantial alterations to existing buildings.”

Q.   Does a furnace need to be enclosed in a fire-rated separation or a furnace room?  

A.   No.  RC sections M1401 and  G2406, applicable to the installation of such appliances, do not require furnace rooms.

Q.   Where are the requirements for a Bed & Breakfast?

A.   RC Appendix J section 701is applicable to the conversion of a one- or two-family dwelling to a Bed and Breakfast dwelling.

Q.   Are unvented portable kerosene heaters permitted?

A.   Yes.  RC section 1415 regulates the manufacture and use of unvented portable kerosene heaters.

Q.   Is there a NYS modification for stair configuration? 

A.   Yes.  RC section R314.2 provides a maximum riser height of 8 1/4 inches and a minimum tread depth of 9 inches.  Section R314.5, spiral stairs, has also been modified to prohibit a spiral stair as the only means of egress from a story.

Q.   When is a three story residential occupancy not required to be equipped with an NFPA 13D sprinkler system (per section R317.3)?

A.   It is not required to be equipped with an NFPA 13D sprinkler system when the first of the three stories is a basement.  RC section R202.1 defines the term “basement” as that portion of a building that is partly or completely below grade.  Sprinklers are not required in any building having two stories above a basement, whether the basement is below grade or considered a story above grade.

It should be noted that an attic is defined as an unfinished space.  A two-story building with an attic converted to a finished space is a three story building and must be sprinklered in accordance with NFPA 13D.

Q.   What code is applicable to the relocation of a mobile home or the installation of a new HUD manufactured home?

A.   RC Appendix E provides the applicable construction and installation requirements.

Q.   We are used to using the gypsum assembly U 317 for the 3/4 hour garage separation.  Do we have to use the prescriptive assembly in the exception to RC section R309.2.1?

A.   No.  Either is considered to be compliant.

Q.   Are foam (ICF) forms permitted for foundation wall concrete construction? 

A.   Yes.  RC section R404.4 specifically provides for the use of these forms.

Q.   Are lally columns permitted?

A.   The code does not prohibit their use.  Check the manufacturer’s  listing for approval for their use.

Q.   Must new electrical installations be provided with arc-fault protection as required by NFPA 70-1999? 

A.   No.  Not if compliance is achieved through RC Chapters 33-42.

Ronald Piester AIA, Director