New Build or Level 3 Alteration?

[RLGA]

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?

 

[Joe.B]

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.

 

[RLGA]

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.

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.

 

[Yankee Chronicler]

New construction.

 

[TheCommish]

New work complies with new construction, foundation can stay provided it sufficient to support the new construction

 

[RLGA]

New work complies with new construction, foundation can stay provided it sufficient to support the new construction

Would you consider this a straight compliance with the IRC or compliance with the IRC through the IEBC as an existing building?

 

[jar546]

Would you consider this a straight compliance with the IRC or compliance with the IRC through the IEBC as an existing building?

Once you demolish the building down to a slab, it is no longer a building. It is a slab.

 

[TheCommish]

Would you consider this a straight compliance with the IRC or compliance with the IRC through the IEBC as an existing building?

Straight IRC

 

[Yankee Chronicler]

Would you consider this a straight compliance with the IRC or compliance with the IRC through the IEBC as an existing building?

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.

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.