IEBC - 50% of Building renovated

[Mslacat]

I hope this is in the correct forum

I need some opinions on this question. My partner and I, both architects, are assessing a rehabilitation project and have a difference of opinion regarding its classification under the IEBC, specifically the definition stipulating "50% of the building to be renovated."

Here is a brief project overview: The building, constructed in 1978, is a three-story structure comprising 60 apartments, offices, and common spaces. Since its construction, it has undergone only routine maintenance and lacks a major renovation. The budget for the project is $5 million. Our proposed renovations encompass the replacement of flooring, cabinets, plumbing and lighting fixtures, appliances, windows, doors/hardware, electric baseboards, and water heaters in each apartment. Additionally, we plan to add a PTAC and HRV to each unit. We also plan on adding a fire sprinkler system to the building, enhance insulation, re-roof, replace some siding, and repoint some brick on the exterior. We also will perform site maintenance, including the repair of sidewalks (only 10 years old). As part of the actual construction, three apartments will be gutted and rebuilt as fully accessible units, and the installation of a soffit/chase for HRV ducts and plumbing for the fire sprinkler system in every apartment.

My partner asserts that this project surpasses the 50% threshold for building renovation, triggering additional requirements. However, I am uncertain. While I acknowledge that we are touching the entire building, I perceive the majority of the work as replacement and maintenance rather than new construction. I believe the 50% rule is more related to substantial construction and, in some instances, the building's value.

We are preparing to present our findings to the owners. If the 50% rule is applicable, adjustments will be required in each apartment to ensure full compliance with current code requirements. This could substantially increase both construction and tenant relocation costs. Your insights on this matter would be greatly appreciated.

I would really appreciate any opinions or comments
.

 

[steveray]

There is no "if you touch 50% of the building you bring it up to code" requirement, as I hear so often....But maybe read Ch. 9,8, and 7 in that order to determine your scoping...Or at least what might have to be done...

About this chapter: Chapter 9 provides the technical requirements for those existing buildings that undergo Level 3 alterations. The purpose of this chapter is to provide detailed requirements and provisions to identify the required improvements in the existing building elements, building spaces and building structural system. This chapter is distinguished from Chapters 7 and 8 by involving alterations that cover 50 percent or more of the aggregate area of the building. In contrast, Level 1 alterations do not involve space reconfiguration, and Level 2 alterations involve extensive space reconfiguration that does not exceed 50 percent of the building area. Depending on the nature of alteration work, its location within the building, and whether it encompasses one or more tenants, improvements and upgrades could be required for the open floor penetrations, sprinkler system or the installation of additional means of egress such as stairs or fire escapes. At times and under certain situations, this chapter also is intended to improve the safety of certain building features beyond the work area and in other parts of the building where no alteration work might be taking place.

 

[classicT]

IMHO, it sounds like you will exceed 50% of the building.

See the definition of work area as follows:

WORK AREA. That portion or portions of a building consisting of all reconfigured spaces as indicated on the construction documents. Work area excludes other portions of the building where incidental work entailed by the intended work must be performed and portions of the building where work not initially intended by the owner is specifically required by this code.

 

[classicT]

There is no "if you touch 50% of the building you bring it up to code" requirement, as I hear so often....

Section 604 Alteration—Level 3​

604.1 Scope​

Level 3 alterations apply where the work area exceeds 50 percent of the building area.

 

[Yankee Chronicler]

Where in the code does it define "50% of the building to be renovated"?

First point: Under the IEBC, you (the designer) are offered three alternate paths to IEBC compliance: (1) the Prescriptive method -- which basically says all new work shall comply with the IBC for new construction; (2) the Work Area method -- which is the only one of the three that cares what percentage of the building is being worked on; and (3) the Performance method, which is the method under which you go through a rigorous analysis of the building, assigning safety points and comparing your total to a mandatory minimum score. Many people get confused between #1 and #2. If yiou follow the Prescriptive method, the percentage of the building affected doesn't matter.

Second point: Under the Work Area, what counts is not the percentage of the building being "renovated," it's the percentage of the building being "altered." "Alteration is defined in the IEBC as

ALTERATION. Any construction or renovation to an
existing structure other than a repair or addition.

"Repair" is defined as:

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

And then, pertinent to the Work Area method, the definition of "Work Area" is:

WORK AREA. That portion or portions of a building consisting
of all reconfigured spaces as indicated on the construction
documents. Work area excludes other portions of the building
where incidental work entailed by the intended work must be
performed and portions of the building where work not initially
intended by the owner is specifically required by this code.

Basically, portions of the work area are counted only if the room or space is being reconfigured -- which means adding or removing walls, adding or eliminating doors or windows, or enlarging or reducing the size of existing doors or windows. Under the Work Area method, if you're not moving any walls or openings, you can strip it right down to the studs and rebuild it without calling it "work area' for the purposes of the code.

You, as the designer, make the decision which of the three compliance methods to use. The code official cannot require you to follow one path or another. But the provisions of each path can't be mixed and matched -- it's not a Chinese menu. If you choose the Performance method, yo follow that. If you choose the Work Area method, you follow that.

 

[Yankee Chronicler]

IMHO, it sounds like you will exceed 50% of the building.

See the definition of work area as follows:

WORK AREA. That portion or portions of a building consisting of all reconfigured spaces as indicated on the construction documents. Work area excludes other portions of the building where incidental work entailed by the intended work must be performed and portions of the building where work not initially intended by the owner is specifically required by this code.

But if they are not reconfiguring more than 50% of the building, replacing finishes and cabinets does not trigger the 50% threshold under the Work Area method. From the description of the work, it doesn't sound like they are reconfiguring anything, just doing repairs and upgrades. The IEBC doesn't mention building value -- that's totally irrelevant.

 

[classicT]

But if they are not reconfiguring more than 50% of the building, replacing finishes and cabinets does not trigger the 50% threshold under the Work Area method. From the description of the work, it doesn't sound like they are reconfiguring anything, just doing repairs and upgrades. The IEBC doesn't mention building value -- that's totally irrelevant.

They may not be, I agree. But from the OP's description, I'm not sure. To me, it sounds as if they will be.

I think it is important to remember here, alterations does not only pertain to the structure (i.e. walls). It applies to the buildings systems as well. Per the OP:

the replacement of flooring, cabinets, plumbing and lighting fixtures, appliances, windows, doors/hardware, electric baseboards, and water heaters in each apartment

To me, that sounds like an alteration of "systems" throughout the building.

Regarding my interpretation regarding systems being included in alterations, look to the classification of work sections. Even the replacement of carpet is a Level 1 Alteration and is included in the work area. Reconfiguring plumbing, HVAC, or adding FS is clearly part of a Level 2 Alteration's work area.

602.1 Scope​

Level 1 alterations include the removal and replacement or the covering of existing materials, elements, equipment or fixtures using new materials, elements, equipment or fixtures that serve the same purpose.

603.1 Scope​

Level 2 alterations include the addition or elimination of any door or window, the reconfiguration or extension of any system, or the installation of any additional equipment, and shall apply where the work area is equal to or less than 50 percent of the building area.

Exception: The movement or addition of nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height shall not be considered a Level 2 alteration.​

 

[steveray]

Section 604 Alteration—Level 3​

604.1 Scope​

Level 3 alterations apply where the work area exceeds 50 percent of the building area.

Correct....you follow the code...the IEBC....the "upgrade" code.....You don't need to bring everything up to new code which is what I hear people being told...

 

[classicT]

Correct....you follow the code...the IEBC....the "upgrade" code.....You don't need to bring everything up to new code which is what I hear people being told...

Yes. "Everything" would be an excessive and very over-exaggerated assumption.

Considering what the OP provided - Where using the work area compliance method, if you are performing work, whether simple replacement of finishes, new walls, replacement/extension/addition of systems (HVAC, FS, plumbing, etc.), and the area of that work exceeds half of the building, then the design must comply with the whole of Ch. 3, 7, 8, and 9.

Some of the CH. 9 requirements can be fairly costly, so I think from a designer's perspective, that is where those comments related to "everything" come from.

 

[RLGA]

Before we get too far into the weeds, we should probably determine which edition of the IEBC is applicable. There have been some substantial changes between the last three editions.

 

[mtlogcabin]

Montana has adopted the 2021 edition

24.301.171 INCORPORATION BY REFERENCE OF INTERNATIONAL EXISTING BUILDING CODE

(1) The department adopts and incorporates by reference the International Existing Building Code (IEBC), 2021 edition, which may be used as an alternate prescriptive method(s) for the remodel, repair, alteration, change of occupancy, addition, and relocation of existing building.

(a) The owner of an existing building may follow the requirements of either the IEBC or the IBC, but the owner may not apply some of the requirements of the IEBC and other requirements from the IBC on the same project

 

[RLGA]

Also, the compliance method utilized influences much of the code's application.

 

[Tim Mailloux]

.....You don't need to bring everything up to new code which is what I hear people being told...

if you determine that 50% of the building is being altered you have a level 3 alteration and just have to make sure you cover whats reacquired under the chapters for level 1, level 2 and level 3 alterations. You by no means have to bring everything up to current code.

 

[steveray]

Also, the compliance method utilized influences much of the code's application.

Yep...sometimes prescriptive vs. work area has it's advantages......

 

[mtlogcabin]

Our proposed renovations encompass the replacement of flooring, cabinets, plumbing and lighting fixtures, appliances, windows, doors/hardware, electric baseboards, and water heaters in each apartment.

[A]105.2 Work exempt from permit.​

Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

• Building:
  1. 1.Sidewalks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below and that are not part of an accessible route.
  2. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
• 
  
• Mechanical:
  
  1. 7.Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less. What size PTAC will you installs?
• 
  
• Does the AHJ even require permits for some of the work being done?

• appliances, windows, doors/hardware

  
  

• enhance insulation, re-roof, replace some siding, and repoint some brick on the exterior.

  
  

 

[steveray]

MT...as much as I would love it to.....exemption from permit is not a pass on work area....Finishes are considered a Level 1 alteration....

 

[classicT]

[A]105.2 Work exempt from permit.​

Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

• Building:
  1. 1.Sidewalks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below and that are not part of an accessible route.
  2. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
• 
  
• Mechanical:
  1. 7.Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less. What size PTAC will you installs?
• 
  
• Does the AHJ even require permits for some of the work being done?
• 
  
  
• 
  
  

Although these may be exempt from permitting, they are still included in determining the work area.

602.1 Scope​

Level 1 alterations include the removal and replacement or the covering of existing materials, elements, equipment or fixtures using new materials, elements, equipment or fixtures that serve the same purpose.

 

[mtlogcabin]

I can see this being a permit for the installation of the sprinkler and notification system.
A separate re-roof permit,
A building permit for the

three apartments will be gutted and rebuilt as fully accessible units, and the installation of a soffit/chase for HRV ducts

Electrical, plumbing and mechanical permits for those new and replaced fixtures.

 

[mtlogcabin]

cabinets and counter tops are not fixtures.
EQUIPMENT OR FIXTURE. Any plumbing, heating, electrical, ventilating, air conditioning, refrigerating and fire protection equipment; and elevators, dumbwaiters, escalators, boilers, pressure vessels and other mechanical facilities; or installations that are related to building services. Equipment or fixture shall not include manufacturing, production or process equipment, but shall include connections from building service to process equipment.

Finishes are considered a Level 1 alteration.

Paint and wallpaper are finishes. Do you get permits and inspect the work?

 

[mtlogcabin]

Under Montana Administrative Rules he is not required to use the IEBC he can use the IBC which I would probably choose as I outlined from above.
Depending on which AHJ he will be dealing with that maybe a major factor in the decision.

 

[steveray]

cabinets and counter tops are not fixtures.
EQUIPMENT OR FIXTURE. Any plumbing, heating, electrical, ventilating, air conditioning, refrigerating and fire protection equipment; and elevators, dumbwaiters, escalators, boilers, pressure vessels and other mechanical facilities; or installations that are related to building services. Equipment or fixture shall not include manufacturing, production or process equipment, but shall include connections from building service to process equipment.


Paint and wallpaper are finishes. Do you get permits and inspect the work?

Permits no inspect the work....maybe...FS/SD