EXISTING BUILDING CODE AND ITS UNIQUE PERPLEXITIES
The International Building Code (IBC) has an International Existing Building Code (IEBC) in its arsenal of model building codes. Many states use the IEBC as a template to develop their own specific statewide existing building code. In Virginia, where this article was written, that would be the Virginia Existing Building Code (VEBC). Model existing building codes encourages the use and reuse of existing buildings. Existing building codes cover repairs, alterations, additions, and occupancy changes for existing and historic buildings. One of the primary objectives of existing building codes is to achieve appropriate levels of public safety without requiring “full compliance” with the new construction code requirements contained in other building codes.
Probably the best place to start with this “Existing Building Code” conversation is to figure out when you invoke the IEBC or the VEBC pertaining to the International and the Virginia statewide building codes. The answer is that, in this case, you invoke the VEBC whenever you have an existing building (or structure) that will experience some repairs, alterations, or additions. The precise definitions of existing buildings that we will use are the code-based definitions stated in Chapter 2 of the VEBC. The IEBC definition of existing building and existing structure is very similar to that of the VEBC.
Existing Building. A building for which a legal certificate of occupancy has been issued under any edition of the statewide code or approved by the building official when no legal certificate of occupancy exists and that has been occupied for its intended use or a building built prior to the initial edition of the statewide code.
Existing Structure. A structure for which a legal building permit has been issued under any edition of the statewide code that was previously approved or built prior to the initial edition of the statewide code. For application of provisions in flood hazard areas, an existing structure is any building or structure for which the start of construction commenced before the effective date of the community’s first flood plain management code, ordinance, or standard.
The general scope of the existing building code is straightforward. The provisions of the existing building code govern construction and rehabilitation activities in existing buildings and structures. For many existing buildings, the requirements of the current edition of the IBC code have progressed substantially since the building code that was in effect at the time of the building’s original construction. This made any attempt to comply with the current IBC code difficult or impossible, and explains why the existing building codes were created.
The IEBC has a three-tiered system of alterations that increases requirements based on the size and complexity of a project:
IEBC Level 1
Removing, replacing, or covering existing materials, elements, equipment, or fixtures. This level doesn’t involve reconfiguring space.
IEBC Level 2
Removing or installing walls, doors, windows, counters, or other assemblies. This level also includes reconfiguring or extending systems and may not require work area requirements if limited to certain types of work.
IEBC Level 3
Alterations involving more than 50% of the building’s space. This level may require improvements to open floor penetrations, sprinkler systems, or egress like stairs or fire escapes.
Note: IEBC makes numerous references to applying the IBC code during construction phases, including special inspections of construction materials and construction procedures.
The VEBC has two levels of alterations (rather than the three levels exhibited by the IEBC), and the alterations to any building or structure shall be classified as the following:
VEBC 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 or the removal without replacement of materials, equipment or fixtures Level 1 alterations shall comply with the applicable provisions of Section 602.
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VEBC Level 2
Alterations shall comply with the applicable provisions of Sections 602 and 603 and shall include the following:
VEBC Sections 602 and 603 address alteration issues, including fire protection, roofing, re-installation of materials, fire-resistance ratings, structural elements, occupancy classifications, seismic force-resisting systems, etc.
An often-asked question surrounding the existing building codes and existing building alterations and additions is, “Are special inspections required on the various structural elements?” We are not familiar with all statewide codes, but this question is certainly answered by Part 1 of the Virginia Statewide Building Code, also referred to as the Virginia Construction Code (VCC). The first chapter of the VCC is an all-encompassing administrative chapter covering both the VCC and VEBC. Remember, too, that most statewide codes take precedence over the IBC codes when they conflict. Special inspections are required on VEBC projects due to the specific code language outlined in Section 111.2 of the VCC.
Section 111.2 Special Inspection Requirements. Special inspections shall be conducted when required by Section 1704. The permit applicant shall submit a completed “Statement of Special Inspections” with the permit application (to the jurisdiction’s building department).
VCC Section 111.2. Special Inspection Requirements. Special inspections shall be conducted when required by Section 1704. Individuals, or agencies, or both, conducting special inspections shall meet the qualification requirements of Sections 1703 and 1704.2.1. The permit applicant shall submit a completed statement of special inspections with the permit application. It is important to note that this first administrative chapter of the VCC is also encompasses the VEBC. For example, what this means is that if you have this small VEBC project with three to four structural steel columns and welded or bolted connections, the three to four columns must be subjected to special inspections in accordance with Chapter 17, Section 1704 (Special Inspections Chapter). Section 111.2 scoping and referencing results in the entire VCC Chapter 17 being a requirement in existing building projects where the repair or alteration work is covered by special inspections, typically defined as work required to be done by a Registered Design Professional (RDP) by state regulations.
The connection that brings VCC Chapter 17, “Special Inspections and Tests,” into play with existing building projects governed by VEBC plays an integral role in getting special inspections involved on existing building projects. It compels the Engineer-of-Record (EOR) to develop a statement of special inspections for the existing building project, and it gets the local building official to become involved with the existing building project early on before the building permit issuance. This same nexus also compels all the future project team members — the owner, building department, architect, engineer, contractor, and testing agency providing the special inspections — to be on the same page during the bid process in the interest of public safety.
More examples of additional existing IEBC and VEBC perplexities:
If a locality designates a building, regardless of occupancy classification, as an earthquake, hurricane, or other emergency shelter, then it must be classified as a Risk Category IV building. According to the VEBC, if an existing building was not designed as a Cat IV building and it is changed to a Cat IV building, that constitutes a change of occupancy according to the VEBC and IEBC. This change carries significant implications, as it requires compliance with VEBC Chapter 7, a section that is all about change of occupancy and is chock full of code compliance criteria regarding building elements and materials, fire protection, means of egress, heights/area, exterior wall fire-resistance rating, structural loads, etc. Compliance with the Virginia Construction Code (VCC) and Chapter 17 “Special Inspections” is, of course, invoked in these cases.
Another similar example involves the change of the risk category designation of an elementary school. An elementary school with an occupant load of 275 would typically be considered a Risk Category III facility.
However, if that same school is designated as an emergency shelter by the building official, the school would be considered a Risk Category IV building; therefore, structural elements and life-safety elements would have to comply with applicable Risk Category IV criteria.
A power-generating station or other utility (such as a natural gas facility) is to be classified as Risk Category IV only if the facility serves an emergency backup function for a Risk Category IV building, such as a fire station, police station, or hospital. Otherwise, the power-generating station or utility should be classified as a Risk Category III structure. IBC Table 1604.5 (Occupancy Risk Category Table) mandates that fire, rescue, ambulance, police stations, and emergency vehicle garages be designated as Risk Category IV structures. Hospitals having surgery and/or emergency treatment facilities offering around-the-clock services are also designated as Risk Category IV structures.
Generally, any reconstruction, alteration, or repair shall not adversely affect the performance of the building or structure or cause the building or structure to become unsafe or lower the existing levels of health and safety. Parts of the building or structure not being reconstructed, altered, or repaired shall not be required to comply with the requirements of the VCC applicable to newly constructed buildings or structures. A final, admittedly broad statement about when to invoke the VEBC code is this: “Any building constructed prior to January 29, 1973 (the date of the first Virginia statewide code) is an existing building, and the VEBC is applicable.”
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