By Zoe Gaik,
Architectural Forensic Associate
RGA Design Forensics
I’m sure you’ve heard of this dilemma before—what building code
actually applies to vacation rental homes like those on Airbnb and VRBO? This
argument is very much still up in the air, but yet litigation against vacation
rentals is more than common these days. So, what are these lawyers basing
their arguments on...? Commercial codes. But, do these even apply?
As an Architectural Forensic Associate for RGA Design, I work closely
with Airbnb on the defense for many of their cases in Florida. What I have
learned is that every municipality deals with vacation rentals differently, and
some don’t deal with them at all. Some municipalities such as Marathon, FL,
require vacation rentals to meet certain life safety and fire code criteria, such
as requiring a fire extinguisher in the unit, and requiring an audible chime on
all exterior doors. But almost all other municipalities, including Tampa where
I’m located, do not provide a checklist of provisions that vacation rentals must
abide by. Which, leads to confusion if/when something happens to a guest
within the unit, such as a trip and fall.
I can understand why some lawyers assume that vacation rentals are
governed by commercial codes. They are very similar to hotels, which are
governed by the Florida Building Code (FBC), the National Fire Protection
Association (NFPA) 101: Life Safety Code, and the Americans with Disabilities
Act (ADA) Standards for Accessible Design. Commercial structures like hotels
are required to abide by these codes and standards at the time of their
construction. However, residential structures such as single-family homes are
not required to abide by any of these codes at the time of their construction,
but rather are required to abide by the Residential edition of the Florida
Building Code (which provides different requirements than the generic Florida
Building Code).
Most single-family homes were constructed with a residential occupancy
classification and were constructed on a residentially-zoned parcel of property
that does not allow commercial structures to exist there. Meaning, if Airbnb
and VRBO homes were considered of a commercial use, almost every Airbnb or
VRBO home would be operating illegally. The occupancy cannot change from
residential to commercial, due to zoning restrictions.
In my opinion, renting out a room in your house should not be
equivalent to changing the occupancy classification from residential to
commercial. Renting a room to a long-term tenant (roommate) should be no
different than renting a room to a short-term tenant (tourist).
In addition, in my experience people are well-aware that when they rent
through Airbnb or VRBO, they are renting a home, not a hotel room. Homes are
not required to meet commercial codes, and hotel rooms are not required to
meet residential codes. Due to the reasons discussed above, it is my opinion
that commercial codes do not apply to vacation rental homes, unless your
specific municipality enacts laws about them.