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Permissive Codes

S

Stephen Holland

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Joined
Apr 18, 2019
Messages
3
Location
Atlanta, GA
I have a fire damage project in Doraville, GA, a town which has not adopted the International Existing Building Code, which is listed as a permissive code by the Georgia Dept. of Community Affairs. I have invoked certain sections of the IEBC that limit the level of restoration required due to fire damage. After submitting the drawings for permit, the third party engineering group that Doraville hired to review plans for permitting, I received comments that reflect a cursory review of the drawings at best. Several requests in the comments were for information that is blatantly already included in the drawings which has drawn the ire of myself as well as all three consulting engineers on the job. One issue I'm grappling with is their insistence that I remove the IEBC reference because it is not adopted by Doraville and is therefore not enforced by them. To anyone's knowledge, can I as a registered architect in Georgia invoke the code of my own volition and thus require conformance just as I do for every other aspect of the design...wall locations, fixtures, lighting, etc.?
 
I would say yes. If the AHJ does not set the criteria, as the RDP in responsible charge you have the authority to establish any criteria you want in the contract documents, provided it meets the standard of care and does not violate any other laws, rules, regulations, or ordinances.
 
I do not disagree with RLGA but would suggest a different perspective.

I am not clear why you need to limit the level of repairs. Instead you can and I would suggest should specify the extent of the repairs. You do not need to reference the IEBC but gets you to the same place. This should govern unless they can provide a code reference that would require additional repairs.

You cannot use a code that has not been adopted to give you permission to have an exemption to an adopted code provision.
 
IMHO, the listing of the 2012 IEBC as a permissive code by the Georgia DCA just means that local jurisdictions are free to adopt it. They specifically state this on their website. I cannot speak for Doraville but, in our jurisdiction, where we also have not adopted the IEBC, I would review the plans according to chapter 34 of the 2012 IBC, which has been adopted statewide. I guess that you can invoke any code that you want to but, typically, if it is listed on the plans it is expected that that is the code in effect for that particular project. For example, sometimes the wrong edition of a code is listed on the cover sheet of a project I review. I usually red-line the correct edition in. I would probably do the same in this case.

GPE
 
Mark K said:
I do not disagree with RLGA but would suggest a different perspective.

I am not clear why you need to limit the level of repairs. Instead you can and I would suggest should specify the extent of the repairs. You do not need to reference the IEBC but gets you to the same place. This should govern unless they can provide a code reference that would require additional repairs.

You cannot use a code that has not been adopted to give you permission to have an exemption to an adopted code provision.
Click to expand...
I concur with Mark. You can incorporate the provisions of the IEBC without specifically mentioning the IEBC.
 
In general I have not stated that the contractor should comply with the code. This is a general statement often subject to multiple interpretations. In addition interpreting a given code provision often requires certain knowledge that the contractor cannot be assumed to have.
 
As an inspector I will not be able enforce that which is not adopted by the AHJ. I can’t help you if there is just a generic statement on the plans to enforce “XYZ” code. However, if bits and pieces of XYZ code are included and spelled out on the plans.....that I can require.
 
2012 IBC
3401.6 Alternative compliance.
Work performed in accordance with the International Existing Building Code shall be deemed to comply with the provisions of this chapter.

The jurisdiction does not need to adopt the IEBC in order for a design professional to use it.
 
Mark K said:
I do not disagree with RLGA but would suggest a different perspective.

I am not clear why you need to limit the level of repairs. Instead you can and I would suggest should specify the extent of the repairs. You do not need to reference the IEBC but gets you to the same place. This should govern unless they can provide a code reference that would require additional repairs.

You cannot use a code that has not been adopted to give you permission to have an exemption to an adopted code provision.
Click to expand...


The damage to the building from the fire involves perhaps 10 - 15% of the office warehouse structure in which it occurred. The original construction dates from the '80s and does not meet current Energy Codes, among other things. Under
mtlogcabin said:
2012 IBC
3401.6 Alternative compliance.
Work performed in accordance with the International Existing Building Code shall be deemed to comply with the provisions of this chapter.

The jurisdiction does not need to adopt the IEBC in order for a design professional to use it.
Click to expand...


Excellent, thank you.
 
mtlogcabin said:
2012 IBC
3401.6 Alternative compliance.
Work performed in accordance with the International Existing Building Code shall be deemed to comply with the provisions of this chapter.

The jurisdiction does not need to adopt the IEBC in order for a design professional to use it.
Click to expand...

Excellent, thank you.
 
georgia plans exam said:
I quoted 3401.6 when requesting new code books and was told that it only applied if IEBC was adopted.
GPE
Click to expand...
You do not adopt each and every standard the IBC references for you to use. 3401.6 is doing just that when it states "shall be deemed to comply"
GPE did you ask your boss or your AHJ attorney?
 
IMHO because Chapter 34 was going away in the 2015 so it was a way for designers and AHJ's to ease into and get familiar with the IEBC.

Below is the 2018 IBC language.
I think under that language you have to adopt the IEBC in order to use the entire code.
Otherwise only specific sections will refer you when to use it
IEBC—18: International Existing Building Code®
101.4.7, 102.6, 116.5, 201.3, Table 504.3, Table 504.4, Table 504.6, 2701.1, 2801.1, 3113.1.1


CHAPTER 34
RESERVED
Action taken during the 2012 Code Development Process removed Chapter 34, Existing Structures, from the IBC.
The provisions of this chapter are contained in the International Existing Building Code. See Section 101.4.7.

[A] 101.4.7 Existing buildings.
The provisions of the International Existing Building Code shall apply to matters governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings.
 
mtlogcabin,

Georgia will be adopting the 2018 IBC in January. We are on a 6 year code cycle, so we skipped the 2015. At that time we will need to also adopt the IEBC. Until then, we use Chapter 34.

Thanks, GPE.
 
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