Conversion of two family to three

[Ryan Judy]

Does anyone have any experience converting a two family to a three, or doing major renovations of a two / three family?

It is somewhat town specific but I am having trouble interpreting fire code for automatic sprinklers on a large renovation. Town says I will need to install them but If I am reading code correctly it should only apply to new construction buildings over 4 units. 

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter148/Section26i

They also don't seem to give specifics on what "substantially renovated is" But a court case ruling gave this clarification: 

“… in order to require the installation of sprinklers in an existing multi-unit residential building, the rehabilitation must be so substantial that the physical structure is rendered ‘the equivalent of new construction,’ i.e., in essence as good as new. Where the rehabilitation is suitably substantial in this regard, a corollary is that the cost of installation of automatic sprinklers ordinarily will approximate the cost of installing sprinklers in a comparable newly constructed building.”

[Dan Weber]

Ryan, based on the link above, you are looking at the wrong codes. A single family and two family building fall under the International Residential Code (IRC) and 3+ unit buildings fall under the International Building Code (IBC). When you covert from a two family to a three family, it is a complete change of use and change of code books. Per the IBC, when you change the use of a building (in your case – from an R-3 to an R-2), the building is required to comply with the codes as if it is new construction. If you dig further into the IBC (and associated Massachusetts amendments per 780 CMR), then you will find the requirements for a sprinkler system to be added for such a conversion or new construction in a three family.

I believe that the confusion arrives (especially in the suburbs) when you have code enforcement officers that aren’t very good at their job or well versed in the code and they don’t catch this requirement. It can create significant inconsistently from town to town on how these codes are enforced. (Speaking as a former code enforcement officer in Mass).

Also, in regards to the Architect, I always suggest finding a local Architect who has experience dealing with the zoning laws of that specific town. When interviewing Architects, ask them if they have experience with the Planning Board of that town or have been through the Special Permit/Variance process that town has. If they haven't, then I would find one that has. In Mass, the zoning laws vary from town to town and can be very specific. It's important to find someone who has the experience you're looking for.