Existing apartment fire separation wall

[mombapo]

Hiya,
Turns out one of the apts in my multi-family was divided off after a special permit was received by the former owner for only 3 units, currently there are 4. One large apt was subdivided to create 2 smaller units. This situation has existed for 30 years...We're in Massachusetts.

The inspector say that everywhere the illegal unit touches the rest of the building must be fire separated, but none of it is new construction. Only a door was closed to make the separation. So, I have 4 units, all the construction done at the same time, but 1 must be fire separated from the rest, apparently.

I have seen in instructions for accessory units from Portland, for example, where only the new construction needed to make the separation is required to be fire separation...

How does this sound to you?

Thank you!

[Jerry Peck - Codeman]

[mombapo]

Thanks for the response! Here is more info:

This is a antique house. 30 years ago, the former owner divided one of the existing apartments.

The Special Permit is not related to the units in question. It was to put an apt. into an accessory building, but it specifies the number of units allowed on the property.....

The town building inspector is requiring the fire separation, (and other things) etc. in order to get a C.O. for the illegal apartment. The work to make the illegal apartment was done without any permitting... None of the other apartments have COs or fire separation.

What a great service you have here, I appreciate your time!

[Jerry Peck - Codeman]

I'll respond with some additional information later, but ... what a can of worms has now been opened because of the unpermitted splitting of that apartment.

Have you considered un-splitting that apartment back into one apartment?

Not knowing the details, but that could result in putting all the worms back in the can and re sealing the can (making all the related problems go away).

[mombapo]

Yes, it's a mess.
Yes, rejoining the units is the fallback position...

In a 4 unit property, what is the code expectation for smokes/co? When is hardwired required?

Thank you

[Jerry Peck - Codeman]