Thank you to everyone for an amazing first week – more than 6,500 views and over 60 comments. And we’re already seeing people share recommendations for contractors, tips for code compliant window bars, constructive criticism and kudos. One issue we wanted to fix as quickly as possible was to pull out more detail from the codes and provide property owners with more information on what we’re looking for. So tonight we just updated the CHECKLIST and now you have specifics on ceiling height, outlets required in bedrooms and bathrooms, minimum square footage for living rooms and bedrooms, and other details on requirements. We hope this new list is useful.
To answer the question many of you have asked, the minimum ceiling height for basement apartments – and all habitable rooms actually – is 7 feet. Many people have emailed, tweeted and commented about this requirement and if it is higher than what was required in the past. It’s not. The 1930 DC Building Code actually required 8 feet on every story. As did the 1933 Building Code and all building codes through 1991 when it was changed to 7 feet as it stands today. We will post a more details soon and cover some of the exceptions and variables, but none of the exceptions currently included approval of units with rooms where people are “living, eating, sleeping, or cooking” with a ceiling height lower than 7 feet. The DC codes are identical, in nearly every case, to the codes adopted by most U.S. states, counties and cities.
Another question people have asked is in what zones are basement apartments allowed. As a basic rule, Residential-4 and Residential-5 allow basement rentals. And, they can also be allowed in most of the Commercial Zones. You can check what zone your property or a property your planning to buy is with the Office of Zoning’s interactive map.
Our idea for the site, again, was to create an easy to find resource to share information, answer questions, and allow for a open discussion among property owners, contractors, inspectors, plan reviewers and tenants to discuss these important issues. It is our first week and we’ve tried to answer as many questions as possible and hope it’s been helpful. Our plan is to post as regularly as possible – most likely once every week or two – and will feature information on sections of the code that seem to cause the most frustration. We also hope to bring in our own experts and outside inspectors to discuss ways to come into compliance for properties with unique spaces and challenges. If you have ideas you would like to see covered – some are very clear including ceiling height, fire alarms, window bars, door locks and are already planning on making those among the first topics to cover – please let us know. Thank you again as we build the site and hopefully, eventually create an excellent resource for all.
- Mike Rupert, DCRA
Thanks for the information and all the efforts so far. It is nice to see an agency being responsive. That said, I think many of us had hoped the agency would be able to show some flexibility and viable alternatives in areas that are difficult for many DC owners to meet – - such as ceiling height. The post above suggests that 7 feet is the lowest it could be for most types of rooms. However, many of us have said that we are within a few inches of full compliance and to make digging out the basement our only option for a legally-rentable unit seems to be a bit impractical, particularly given the costs involved and the structural risks involved. There seems to be little recognition that many DC homes were built in the 1800s when a 7 feet ceiling may not have been uncommon. An exception for older homes would seem to be quite reasonable. While you may or may not be able to create an exception, you could certainly recommend to the DC Council that they consider adopting some refinements. Please let us know your thoughts. Thanks
RD is right, the 7 feet ceiling heights is a bit much for most DC rowhouses. Please do a poll and you will see the results.
I think it is best that the city reduces the heights restriction to align with most row houses. Ater all people won’t rent a place they are not comfortable living in so I don’t get why the restriction to begin with. Reducing the height will bring more, legal, units online, generate income for the home owner, affordable rental for tenants, and tax income for the city. win win.
Thanks for the comment. The codes DC follows – along with almost all states – are the International Building Codes. The 7-foot rule is universal. But, as I’ve said before, I am sure this forum will be a great place to discuss this issue. Thanks for the comment.
For those of you that already have converted basements: If your ceiling height is less than 7′-0″ you may be surprised to find that I have yet to see an inspector bring out a tape measure. I think the bottom line from the inspection side of the house is that if it’s close, 6′-10″ or even possibly 6′-8″ the inspectors don’t even question it. 6′-6″ or less and I am sure they would notice. I would say it is worth your while to persue the CofO even with a low height. You could technically request a variance or just do the inspection and see if the inspector will pass you with a slightly low ceiling.
If you are looking into turning your basement into a rental, going from 6’8″ to 7’2″ is often not horribly expensive, you may be surprised. The myth is that digging the floor down is prohibitively expensive, but the fact is that if you are spending the cash to do all the rest, the increase in cost on floor lowering will easily be paid for by the increased rent and property value. You will get better tenant selection, often better rent, and a 100% legal CofO.
@Jay,
Thank you for your comment.
Bars on windows. I actually have a two-level apartment (not basement) but couldn’t find the answer to my question anywhere. I have bars on the windows on the first floor, so only the door provides emergency egress, but the second floor has windows with no bars and even has a balcony (but no fire escape). Do I need two types of egress on each floor?? I have been told by property managers that I do–but it makes no logical sense. If apartments on the second and third floors can count windows (with no fire escapes) as emergency egress to be approved under DCRA rental code, why can’t my second floor windows count? Thanks!!
Andreia,
Let me check with the inspections department on this one. I’m not sure.
@Andreia,
From the inspections unit:
The code that applies here is IBC Section 1026 (Emergency escape and rescue).
1026.4 allows for the bars on the windows…”Emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with Section 1026.2 and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening.”
This section only applies to windows that are also emergency escape and rescue openings. Bars on all other windows are allowed as well, with no additional constraints.
A minimum of 1 Emergency Escape and Rescue opening (Can be either a door or window meeting the dimensional requirements) is required in each sleeping room. A minimum of 1 Exit is required from each residential occupancy; this is typically the front door. If there are no sleeping rooms on the first floor, then no Emergency Escape and Rescue Openings are required.
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Hope this helps.
I see that the minimum ceiling height is 7 ft, but where is the minimum ceiling measured from? In my basement, the majority of the ceiling is 7 ft. However, there’s some utility infrastructure that snakes through the center of the basement (occupying around 1/5 of the area) that only has 6 ft of clearance.
I have a property that is 2 units (has CofO for 2) but would like to consider converting it into 3 units. The property is in r-4 zoning under use code 11. Is it possible to create a three unit building under that zoning and use? If so, do the guidelines and checklist on this website still apply, or do I need to consult a different set of guidelines? Thanks!
Hi, I live in a basement apt in dc and I only have 1 door (front) and a window with bars that cannot be released from inside the apt. I have a small room considered to be the bedroom of the unit- which I use for that purpose- but which does not have a window or other means of egress- also it does not have a light fixture built in. I am wondering about these two conditions- any help on these matters is greatly appreciated.
Deborah,
This sounds like a potentially dangerous in the event of an emergency and based on your description is likely not in compliance with fire safety codes. Put in your address here: http://pivs.dcra.dc.gov/property/search and click on “BBL” and you can see if your landlord has a license for the apartment. If it does not, you should discuss these issues with your landlord. Then call 202-442-9557 and schedule inspection.
I am in the process of turning my basement into a legal rental unit. I have DCRA approved plans. The concrete slab in part of the basement will have to be removed and replaced, do I need the contractors to pull a permit to do this?
Thanks,
AJ,
Yes. If you have approved plans, this work should be covered in the permit which is issued after we approve the plans. You have permits?
Hi,
I have a property in Zone 3 near the Rhode Island Metro. Do I understand you correctly to say that a basement apartment is not permited in this zone? In my case, I am contemplating a house share rental with the tenant sharing the kitchen upstairs. The basement has two doorways leading outside, a separate full bathroom and a living room area and a bedroom. The ceilings are above 7 feet.
Alicia,
If there is no kitchen in the basement and they have open access to upstairs, this sounds more like a roommate situation and you really don’t need a license and the zoning issues would not come into play.
I have a basement in my house with ceilings that are 83 inches high, unfinished, I would like to finish the basement, so it looks nicer. If I put floors and drywall on the ceiling the height will drop to 81 inches or so, which is 6 ft 9 inches. I would like to put a bathroom in the basement, but the rest of the space will be open space where I can store stuff, maybe put a TV in, etc. Will this be an issue with code? The basement is connected to the house via one stairwell, which is existing and is not in compliance with code as it is really old. There is no separate exit. Please advise.
Hello,
I also have a row dwelling in an R-3 neighborhood and had wanted to add a basement, which currently does not exist, for rental. I have looked through the circuitously laid-out zoning codes and did not find wording that prohibits a basement rental before hiring an architect to lay out a set of plans, that in general, are code-compliant. However, the comments we got back from Zoning Review indicate that the proposed two-family flat is not allowed as a matter of right, and therefore subject to BZA relief and approval. What is that process like and how long would that take? In lieu of going through that process, is there something I can do to make renting my basement legal?