32A-124 LH Code Review Use Group R-3 57 King St R-3 2013-06-10IBC 310.1 R-2:
R-2 Residential occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature, including:
Apartment houses
Boarding houses (nontransient)
Convents
Dormitories
Fraternities and sororities
Hotels (nontransient)
Live/work units
Monasteries
Motels (nontransient)
Vacation timeshare properties
IBC 310.1 R-3:
R-3 Residential occupancies where the occupants are primarily permanent in nature and not classified as Group R-1, R-2, R-4 or I, including:
Buildings that do not contain more than two dwelling units.
Adult care facilities that provide accommodations for five or fewer persons of any age for less than 24 hours.
Child care facilities that provide accommodations for five or fewer persons of any age for less than 24 hours.
Congregate living facilities with 16 or fewer persons.
IBC 310.1 R-1 (note)
Congregate living facilities (transient) with 10 or fewer occupants are permitted to comply with the construction requirements for Group R-3.
Adult care and child care facilities that are within a single-family home are permitted to comply with the International Residential Code.
Mass 8th 310.1 R-3 Replace as follows:
R-3 Residential occupancies where the occupants are primarily permanent in nature and not classified as Group R-1, R-2, R-4 or I, including:
Buildings that do not contain more than two dwelling units.
Adult care facilities that provide accommodations for five or fewer persons of any age for less than 24 hours.
Child care facilities, which comply with M.G.L. c. 15D, which provide accommodations for
ten or fewer children of any age for less than 24 hours, in a dwelling unit of a one or two dwelling unit building. Such dwelling units for child care facilities are permitted to comply
with the 780 CMR One-and Two-Family Dwellings.
Congregate living facilities with 16 or fewer persons.
Adult care and child care facilities and residences within a one family dwelling or units of a two family dwelling are permitted to comply with the 780 CMR One-and Two-Family Dwellings.
Townhouses (three or more attached dwelling units) more than three stories in height. Height
and area and fire protection requirements for townhouses shall be restricted to those for R-2 uses.
(Note: Townhouses three stories or less are also classified as R-3 but shall comply with 780 CMR One-and Two-family Dwellings.)
Residences with five or fewer occupants that are operated or licensed by the Massachusetts Department of Developmental Services shall comply with the 780 CMR One-and Two-family
Dwellings.
R-3 occupancies include facilities regulated by the Department of Mental Health that are in conformance with the occupant safety requirements of 115 CMR 7.00: Standards for All
Services and Supports.
Based on the above code sections, I agree that the dwelling unit is an R-3 use. Despite the R-3 use group, I will not approve an NFPA 13D system because of the requirements of Mass 8th
Table 903.2; the level of protection afforded by an NFPA 13D system is significantly less than the 13 system required by the table. You can appeal that decision to the BBRS and I would
not oppose your request for a variance.
You may want to consult with another contractor to re-evaluate the feasibility of an NFPA 13R system. I may be wrong but I think a 1 ¼” line will serve the system, and the code (13R
6.6.2, 6.6.5) seems to have an allowance for a system that shuts down the domestic water supply on system activation.