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New Build or Level 3 Alteration?

RLGA

RLGA

SAWHORSE
Staff member
Joined
Oct 18, 2009
Messages
3,642
Location
Phoenix, AZ
I have a hypothetical situation that coincidentally mimics an actual problem that a friend of mine is currently experiencing.

Suppose an existing home is demolished from the top of the slab up (i.e., slab and footings remain), and a new home is built upon the existing foundation. Would you consider this a new building (entirely subject to the IRC) or a Level 3 Alteration (i.e., work area is more than 50% of the building)?

Additional Information:
  • The IEBC allows, by exception, the use of the IRC or the IEBC for single-family detached homes.
  • All new work will comply with the IRC.
  • The size of the home (area and height) does not increase.
  • Structural materials will be virtually identical to the original structure (i.e., wood framing).
Thoughts?
 
Are you (theoretically) limited by electrical service, or any other utility? I'm not very familiar with the IEBC because up until about a year ago CA didn't adopt most of it. One thing that jumped out at me was allowances for existing utility design, at least off the top of my head. For example you may not have to do the two SABC's in the kitchen, or the dedicated 20amp laundry or bathrooms, depending on when it was built. Certainly, could avoid the EV charger, and the 240 GFCI's if that's an issue. If it were CA, the sprinklers might be a deal breaker too.
 
Joe.B said:
Are you (theoretically) limited by electrical service, or any other utility? I'm not very familiar with the IEBC because up until about a year ago CA didn't adopt most of it. One thing that jumped out at me was allowances for existing utility design, at least off the top of my head. For example you may not have to do the two SABC's in the kitchen, or the dedicated 20amp laundry or bathrooms, depending on when it was built. Certainly, could avoid the EV charger, and the 240 GFCI's if that's an issue. If it were CA, the sprinklers might be a deal breaker too.
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To my knowledge, utilities are not limited.

To add complexity to the situation, the "new building" status apparently triggers other zoning considerations that add cost to the project. Planning/Zoning is supposedly using the Building Department's "new building" determination as a basis for applying these additional zoning requirements.
 
TheCommish said:
New work complies with new construction, foundation can stay provided it sufficient to support the new construction
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Would you consider this a straight compliance with the IRC or compliance with the IRC through the IEBC as an existing building?
 
RLGA said:
Would you consider this a straight compliance with the IRC or compliance with the IRC through the IEBC as an existing building?
Click to expand...

There is no existing building. You tore it down. There's nothing left to alter.

If you left even just the outside, perimeter walls you could try to pass it off as a level 3 alteration, but when there's nothing left but a slab -- then it becomes new construction.

Definitions (Phoenix 2024 IEBC):

[A] Alteration: Any construction or renovation to an existing structure other than a repair or addition.

[A] Addition: An extension or increase in floor area, number of stories, or height of a building or structure.

A] Repair: The reconstruction, replacement or renewal of any part of an existing building for the purpose of its maintenance or to correct damage.

[A] Existing Building: A building erected prior to the date of adoption of the appropriate code, or one for which a legal building permit has been issued.

[A] Existing Structure: A structure erected prior to the date of adoption of the appropriate code, or one for which a legal building permit has been issued.
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I haven't figured out why for alterations they mention existing "structures" while for repairs they talk about existing "buildings," and for additions they mention both. I'm sure there's a reason, but I'm not seeing it. Irrespective of that semantic puzzle, what you are describing doesn't appear to fit the definition of addition, alteration, or repair. So ... it's new construction.
 
steveray said:
Level 3 alteration and new meets new:

702.7​

New work shall comply with the materials and methods requirements in the International Building Code, International Energy Conservation Code, International Mechanical Code and International Plumbing Code, as applicable, that specify material standards, detail of installation and connection, joints, penetrations and continuity of any element, component or system in the building.
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Heh, heh --

Since there's nothing left except the slab, everything that will be constructed has to meet the IRC for new construction anyway so the question is moot. Nonetheless, I would not classify it as a Level 3 (or any other kind of) alteration, since there's nothing left to alter.
 
Yankee Chronicler said:
Heh, heh --

Since there's nothing left except the slab, everything that will be constructed has to meet the IRC for new construction anyway so the question is moot. Nonetheless, I would not classify it as a Level 3 (or any other kind of) alteration, since there's nothing left to alter.
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The foundation is part of the building....It is not a new building....Just like our radon requirements....Only new dwellings:

AF101.2​

All newly constructed detached one- and two-family dwellings and townhouses shall be provided with radon mitigation preparation.....

So when they replace the foundation, it would make a lot of sense to do the radon stuff, but I can't make them....
 
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