Doing a full remodel of a small cottage. The building inspector is saying that adding a mini split to and unfinished basement makes it a habitable space, which would then require a second means of egress. I cannot find anything in the Ma. building code which says this is the case. Is anyone aware of anything in the MA. code that prohibits this?
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Ask the inspector to site "chapter and verse". Their interpretation can be difficult to overturn at times. Sometimes it may require you reaching out to the Chief building official.
Here in Ohio, unfinished basements are done all the time with the HVAC system supplying air to the space even without a secondary means of egress as long as it is kept unfinished.
Technically, adding a mini-split to an unfinished basement wouldn't automatically trigger the need for a second means of egress under the Massachusetts State Building Code (780 CMR).
However, the interpretation can vary depending on the local building inspector's judgment and specific circumstances. Here's why:
Unfinished vs. Habitable Space: The key distinction lies in whether the basement is considered "habitable space" after adding the mini-split. Habitable spaces require a second means of egress for safety reasons.
Factors for Habitable Space: Building inspectors consider various factors to determine habitability, including:
Finishing/Insulation: Adding insulation and finishes like drywall could tip the scale towards habitable.
Heating/Cooling: A mini-split alone might not be enough, but combined with other improvements, it could suggest intent for year-round use.
Lighting/Ventilation: Proper lighting and ventilation strengthen the case for habitability.
Local Variations: While the state code sets the baseline, individual municipalities or inspectors might have stricter interpretations or additional ordinances.
Recommendations:
Consult your local building inspector: Discuss your specific plans and basement conditions to get their interpretation on habitability and potential need for a second egress.
Highlight non-habitable intent: Emphasize that the basement won't be used as living space, focusing on storage or utility purposes.
Consider alternatives: Explore options like portable AC units or heat pumps that might not raise habitability concerns as readily.
I spoke with the head building inspector in Ma. and he said there is no prohibition to adding a mini split or other heat to an unfinished b asement.