Local Jurisdiction Overrides State Building Code?

[Sector3]

Our local jurisdiction's Unified Development Ordinance states "when mezzanines comprise less than 50% of the floor area of the room or space in which they are located, they are not considered a story." We are designing a Type V building with mezzanines at 49%. This allows buildings with 3 story zoning limitations, for example, to really be 4 stories.

• Does the local jurisdiction's definition override the State Building Code (which uses the IBC definition for mezzanine of 33%)?
• If we go by the State Building Code definition, this building would normally be Type V-A, since our 49% "mezzanines" would normally count as a story.
• Using the local code, however, this building could theoretically be Type V-B.

Can someone help me understand the jurisdictional authority in a legal or building code sense, as it pertains to situations like this?

Thanks in advance.

 

[Mark K]

A key question to answer is what authority the local jurisdiction has to modify the building code adopted by the state and did the local jurisdiction comply with the state laws. In California the courts have ruled that the authority of local jurisdictions to modify the California Building Code is limited to that authority the legislature has given them. The answer will vary from state to state.

 

[Sector3]

This one is in North Carolina. Interesting, and thanks for your response.

 

[steveray]

Really what you need to address is zonings definition of story....The building code would not consider it a story...

 

[tbz]

Interesting question, but I always thought when 2 authorities have jurisdiction the more restrictive of the 2 was to be followed.

Would not the State's definition be more restrictive and as thus not really overrule, but add an additional requirement to be met?

 

[TheCommish]

Model codes are often amended by the Authority Having Jurisdiction, in Massachusetts the State BBRS is the authority and amends a bunch of things in the model codes, in some states the county or the community is the AHJ. You need to see who the AHJ is which should be stated in the enabling legislations or the administrative chapter of the the code in use.

 

[jar546]

Every State is different. Pennsylvania, for example allows more restrictive local ordinances but not less restrictive than State code. The changes must be submitted to the State as notification and for approval. Many other States are similar.

 

[fatboy]

In Colorado, there is no State Building Code, but the State adopts the IPC, and NEC.

The local AHJ may amend them to be more restrictive, but not less.

 

[Jay Smith]

I’ve run into situations where we have to apply one definition of building height to the zoning regulations and a different definition to the building code. For example, zoning regulations here measure height from one plane on the site that represents the average of the undisturbed original condition. The building code follows the IBC definition in the proposed design. One does not supersede the other. We comply with both.

 

[classicT]

Like others have suggested, this sounds like it is different code altogether. The local code likely being a zoning ordinance and the state code being the adopted building code.

If that is the case, you must comply with both (i.e. comply with most restrictive).

 

[jj1289]

In CT we have a state wide building code and the local municipalities do not have the authority to amend the code to make more or less restrictive. If their is a conflict between local ordinance and the state building code, the state building code trumps.

 

[Jay Smith]

I’ve run into situations where we have to apply one definition of building height to the zoning regulations and a different definition to the building code. For example, zoning regulations here measure height from one plane on the site that represents the average of the undisturbed original condition. The building code follows the IBC definition in the proposed design. One does not supersede the other. We comply with both.

To add a little clarity to my response - If a level is not a story under the zoning code definition, don’t count it as one when comparing it to the height limit in that code. If that level is a story under the building code, count it as one when comparing it to the allowable height in the building code. You can’t move down to type VB in the building code because of a zoning code definition.