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Level 2 alteration

R

RDeBree

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Joined
Apr 29, 2022
Messages
5
Location
Rochester, NY
Hi All,

I'm reviewing a project where an existing two-family residence is undergoing a level 2 alteration (new bathroom, new electrical, and new finishes throughout). The existing duplex is split down the middle, with a non-conforming wall. Would the level 2 alteration require this wall to be upgraded to a 1-hour party wall? The current construction is balloon framed, so I don't even see how that would be possible. Let me know your thoughts, thanks!
 
I would not use the IEBC for an IRC constructed two family dwelling.

[A] 101.2 Scope.
The provisions of the this code shall apply to the repair, alteration, change of occupancy, addition to and relocation of existing buildings.

Exception: Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with this code or the International Residential Code.

Are you sure the wall separating the two units is not rated? A one-hour wall is just one layer of 5/8 type X gypsum board on each side of a 2 X 4 stud wall.
 
RDeBree said:
Hi All,

I'm reviewing a project where an existing two-family residence is undergoing a level 2 alteration (new bathroom, new electrical, and new finishes throughout). The existing duplex is split down the middle, with a non-conforming wall. Would the level 2 alteration require this wall to be upgraded to a 1-hour party wall? The current construction is balloon framed, so I don't even see how that would be possible. Let me know your thoughts, thanks!
Click to expand...

Why are you looking at levels of alteration, which come from the IEBC? For a two-family dwelling why aren't you looking at the IRC?


[NY] R101.2 Scope​


The provisions of this code shall applyto the construction, alteration, movement, enlargement,replacement, repair, equipment, use and occupancy, location,removal and demolition of the following buildings and structures,provided that such building or structure is not morethan three stories above grade plane in height, and theiraccessory structures not more than three stories above gradeplane in height:
  1. Detached one-family dwellings;
  2. Detached two-family dwellings in which each dwellingunit has a separate means of egress;
 
mtlogcabin said:
I would not use the IEBC for an IRC constructed two family dwelling.
Click to expand...

Yankee Chronicler said:
Why are you looking at levels of alteration, which come from the IEBC? For a two-family dwelling why aren't you looking at the IRC?
Click to expand...
Because that is what you have to do when you get an idiot inspector that says "when you remodel it you have to bring it up to code".....
 
In Florida, our modified version of the IEBC applies to one and two-family dwellings. Here is the Existing Building Code verbiage:

[A]101.2 Scope.​

The provisions of the Florida Building Code, Existing Building shall apply to the repair, alteration, change of occupancy, addition to and relocation of existing buildings.

Exception: For the purpose of public educational facilities and state licensed facilities, see Chapter 4, Special Occupancy, of the Florida Building Code, Building.
 
Even the regular IEBC has this verbiage in it. You have a choice:

[A] 101.2 Scope.​

The provisions of this code shall apply to the repair, alteration, change of occupancy, addition to and relocation of existing buildings.
Exception: Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with this code or the International Residential Code.
 
Right, so IRC it is. According to 102.7.1,

"Additions, alterations, repairs, or relocations shall be permitted to conform to the requirements of the provisions of Chapter 45 or shall conform to the requirements for new structure without requiring the existing structure to comply with the requirements of this code, unless otherwise stated. Additions, alterations, repairs, and relocations shall not cause an existing structure to become less compliant with the provisions of this code than the existing building or structure was prior to the addition, alteration, repair, or relocation."

So as long as we don't touch the dividing wall it does not need be upgraded, correct? As far as I see there are no triggers in the IRC that require you to make upgrades for things you do not touch.
 
RDeBree said:
Right, so IRC it is. According to 102.7.1,

"Additions, alterations, repairs, or relocations shall be permitted to conform to the requirements of the provisions of Chapter 45 or shall conform to the requirements for new structure without requiring the existing structure to comply with the requirements of this code, unless otherwise stated. Additions, alterations, repairs, and relocations shall not cause an existing structure to become less compliant with the provisions of this code than the existing building or structure was prior to the addition, alteration, repair, or relocation."

So as long as we don't touch the dividing wall it does not need be upgraded, correct? As far as I see there are no triggers in the IRC that require you to make upgrades for things you do not touch.
Click to expand...

That's how I would view it if I were the architect, and it's how I view it as a building official.
 
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