# What is code definition of "emergency"?



## Yikes (Mar 13, 2021)

The International Existing Building Code states:
105.2.1 Emergency Repairs
Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the code official.

Obviously, it is the property owner and their design professionals that must make the determination of "emergency" in any given situation, because if the intent was to wait for the code official to make that determination, the whole purpose for this code section 105.2.1 would be moot.

That said, there is no section 202 definition of "emergency".  Do you have one?  I would say it is the potential for imminent threat to life, health, or property.  That last one (property) gives a lot of leeway to do a day's work in advance of permit!


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## Mark K (Mar 13, 2021)

Tell me that in a large family loss of water or electricity is not an emergency.

Suggest that if the permit application is submitted in a timely manner that the building official should not be terribly concerned about whether it was an emergency.


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## cda (Mar 13, 2021)

You know an “Emergency” when you see one.

Jacobellis v. Ohio


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## e hilton (Mar 13, 2021)

I was involved with a bank branch where the 20-ish gallon expansion tank for the hot water heating system failed, and shot around the mechanical room like a rocket, on a saturday.  We got in right away and started stabilizing and cleanup, trying to find a way to partially open on monday.  And first thing monday morning i was meeting the inspector on site to work out the paperwork.


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## TheCommish (Mar 14, 2021)

A roof or other project that has needing to be done for years is not, and the rain coming tomorrow, or we had a hole in our schedule does not make it an emergency


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## Yikes (Mar 15, 2021)

The specific situation - remodel of an old commercial building.  Permit obtained, construction underway, furred wall removed, exposing an archway in an old brick bearing wall beneath.  Archway looked poorly built and kinda sketchy, so structural engineer devised a new solution to reinforce the arch.  We wanted to fix it right away, but the inspector insisted that the engineer's solution first be plan-checked.  Due to Covid, the city had taken over a month to review this simple detail.
Meanwhile, the exposed arch got hit with multiple rainstorms, eroding and causing a few bricks to fall.
At this point, we're going to declare and undertake an "emergency repair" of the arch, and I believe this situation allows us to proceed in advance of completion of plan check on the detail, per the the administrative provisions of Existing Building Code 105.2.1.

105.2.1 Emergency Repairs
Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the code official.

202. Definitions
REPAIR. as used in this Code means all the design and construction work affecting existing or requiring new structural elements undertaken to restore or *enhance the structural and nonstructural load-resisting system* participating in vertical or lateral response of a structure primarily intended to correct the effects of *deterioration* or *impending* or actual *failure*, *regardless of cause*.


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## steveray (Mar 15, 2021)

As long as I can inspect it properly, I don't care when they do the work...Engineered work would have to meet the design and approval, if the emergency work is done wrong, it would need to be redone....


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## e hilton (Mar 15, 2021)

Agree.  Engineer had submitted a valid solution, city had more than enough time to review.  Assuming the owner/contractor advised the city of the risky situation, the city should have responded in a week.


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## Rick18071 (Mar 15, 2021)

A truck ran into the house and it needed to be supported so it would not collapse.


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## Teeshot (Mar 15, 2021)

something unforeseen needing prompt attention pretty much covers it.


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## e hilton (Mar 15, 2021)

I was talking with an insurance agent once, about taking action before the appraiser was able to visit the house.  His explanation was “action necessary to prevent further damage, or make the situation worse”.


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## Mark K (Mar 15, 2021)

Emergency work done without a permit creates a risk that the permitting process may require additional work or may result in having to undo some of the emergency repairs, but that is the decision to be made by the Owner in consultation with his consultants and contractor.

Short of issuing a stop work notice the building department inspector cannot prevent the emergency repairs from proceeding.  In such a situation the jurisdictions inspector should think very very carefully about issuing a stop work notice.   Depending about the nature of the emergency the  Owner and his consultants may decide to proceed in spite of the stop work notice.

In an emergency there is a need to balance the risk caused by the emergency against the risk associated with ultimately getting approval from the building department.

The inspector can observe the existing situation and can inspect the work being done as to compliance with the instructions from the engineer.


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