Existing Building Compliance

[ArchiEngineer]

There is an existing structure that is questionable in terns of compliance to the ICC Commercial Building Code. It was built in 1955. It has been renovated over a period of 20 years. It is an office use, 1 story wood frame construction. It has HC accessibility. It has been office occupied since 1955

The Municipality in which it resides adopted the ICC Commercial Code in 2005.

The Bldg owner has retained us to evaluate the building to make sure it is compliance. I have noticed section 3410.6 Evaluation process under Existing Structures. Is this the method that should be done for the evaluation?

There has been a complaint lodged with the owner by the current 1 tenant in the building. A gas furnace was expelling CO. Now the owner is in the process of installing a new direct vent gas furnace. The owner is concerned that the tenant may break the lease due to “code violations”, so hence the talk about the evaluation being done by us.

Since the municipality didn’t adopt the ICC code till 2005 and since the use has not changed since 1955 should the owner not even consider if the building complies at all? I mean why bother with the analysis if it is “grandfathered” in? A preexisting non-conforming building so to speak……

Thank you in advance!

 

[cda]

Welcome welcome

 

[mtlogcabin]

3401.2 Maintenance.

Buildings and structures, and parts thereof, shall be maintained in a safe and sanitary condition. Devices or safeguards which are required by this code shall be maintained in conformance with the code edition under which installed. The owner or the owner’s designated agent shall be responsible for the maintenance of buildings and structures. To determine compliance with this subsection, the building official shall have the authority to require a building or structure to be reinspected. The requirements of this chapter shall not provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures.

 

[cda]

Sounds like yes evaluate it

But you say it has changed over the years

The ahj must of had codes prior to 05

Sounds like see what is the history of code adoption by the ahj

See if there are any building plans or permits than go from there

 

[Mark K]

I assume that you are talking about the IBC possibly the 2003 IBC. Unstated is whether there was a building regulation in effect when the building was constructed or when the renovation work was done.

Generally when a new code is adopted buildings that were code compliant under the old code are grandfathered in and in general you only need to maintain compliance with the code that was in effect when it was constructed. If there was no code in effect when the building was constructed there may be no requirement that the building be upgraded.

Does the state impose any building regulations or do local jurisdictions have total freedom to adopt building regulations?

Has the state or the local jurisdiction adopted any requirement that existing buildings that are not modified be upgraded.? This does not exist in the IBC.

If there is no code compliance issue it may be prudent for the Owner to undertake a review of the various systems in the building to determine whether there is anything that creates a significant risk.

A key concern to the Owner is how to manage the expectations of the tenants in terms of what is legally required and what the Owner is willing to do to be responsive to the concerns of the tenant.

 

[JBI]

SECTION 3401 GENERAL

3401.1 Scope.

The provisions of this chapter shall control the alteration, repair, addition and change of occupancy of existing buildings and structures. Chapter 34 is for when you do work on an existing building.

For maintenance of existing buildings use the Fire Code and the Property Maintenance Code. Both require systems to be maintained so as not to create a hazard.

Last I checked, CO was a hazard.

Servicing the unit would have solved the problem, replacement was probably a better choice for energy efficiency though.