# bring the existing building up to code



## BayPointArchitect (Aug 5, 2020)

Codes enforced:
2012 IBC
2012 NFPA 101
2010 ADA
2012 IEBC = "existing" building code

Given:
Existing building valued at two dollars is about to undergo a renovation.  The estimated cost of the renovation is a little more than one dollar.

It is common understanding that when the cost of the renovation exceeds 50% of the assessed value of a building, then a list of existing non-code-conforming conditions needs to be compiled.  Then there needs to be a plan to address those existing deficiencies.  Some folks would say that when 50% of the floor area is modified, then we need to bring the entire building up to code.  Other folks would say that when the renovation cost exceeds 50% of the current value of the building, then we need to bring the entire building up to code.

Question:

What code section(s) in the IBC and/or NFPA 101 do these ideas come from?


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## classicT (Aug 5, 2020)

Perhaps you are referring to the IEBC?

*IEBC Section 505 Alteration—Level 3*

*505.1 Scope*
Level 3 _alterations _apply where the work area exceeds 50 percent of the _building area_.
*
505.2 Application*
Level 3 _alterations _shall comply with the provisions of Chapters 7 and 8 for Level 1 and 2 _alterations_, respectively, as well as the provisions of Chapter 9.​


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## BayPointArchitect (Aug 5, 2020)

Ty,

That is very helpful because I could not find that same language in Chapter 34 of the IBC.  But I am still wondering if other building officials blend together the 20% disproportionality cost found in the ADA and the 50% cost found in the 2018 energy code.  Then - maybe - they take liberty and apply similar thresholds to other codes.  I have no problem blending and synthesizing in ways that are both practical and reasonable.  But I want to make sure that I am not missing something.  Chapter 43 of the latest edition of NFPA 101 might have something.

ICC Certified Plan Reviewer
NFPA Certified Fire Plan Examiner


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## classicT (Aug 6, 2020)

FYI, IEBC is the International Existing Building Code


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## ADAguy (Aug 6, 2020)

"if adopted"


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## Paul Sweet (Aug 6, 2020)

I thought that 50% of the value threshold went away with the IEBC, although I guess some jurisdictions still hold on to it just to be tough.  The whole purpose of the IEBC is to allow improvements to be made to an existing building without requiring it to be brought into full compliance with the current code, as long as  the existing level of safety isn't decreased.

"Work area" is defined as the portion of the building consisting of reconfigured spaces.   It is possible for work to be done in an area without it becoming part of the "work area".


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## steveray (Aug 6, 2020)

Be careful as level 2 work also includes reconfiguration and extension of systems...Not just spaces


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## my250r11 (Aug 6, 2020)

Some may also get it from FEMA. In thier eyes, say for any natural disaster any thing over 50% market value needs to be brought into full compliance. Some AHJ's also have ordinance with this type of language.


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## khsmith55 (Aug 6, 2020)

Don’t know what up-grades your concerned with but don’t over look a little known “wild card” in the 2012 IFC,

*CHAPTER 11-CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS*

SECTION 1101-GENERAL

1101.1 Scope. The provisions of this chapter shall apply to

existing buildings constructed prior to the adoption of this

code.

Note; These are *retroactive* (YES RETROACTIVE) requirements.


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## ADAguy (Aug 6, 2020)

"Great" add, may reduce some law suits; if adopted by locals.


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## khsmith55 (Aug 6, 2020)

I always try to get IFC Chapter 11 and Section 102.5 “amended out” when our local Jurisdictions adopt new Construction Codes. Both these Sections/Chapters have far reaching consequences people may not be aware of. Side note, these were added during the same Code cycle as the Residential sprinkles were added, I think people were to “busy” worrying about sprinklers and didn’t catch these additions.

*[A] 102.5 Application of residential code. *Where structures

are designed and constructed in accordance with the _Interna-_

_ tional Residential Code_, the provisions of this code shall

apply as follows:

1. Construction and design provisions: Provisions of this

code pertaining to the exterior of the structure shall

apply including, but not limited to, premises identification,

fire apparatus access and water supplies. Where

interior or exterior systems or devices are installed,

construction permits required by Section 105.7 of this

code shall also apply.

2. Administrative, operational and maintenance provisions:

All such provisions of this code shall apply.


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## BayPointArchitect (Aug 7, 2020)

Paul Sweet,

Are you saying that the codes before the creation of the IEBC (existing), there was the 50% value language?

KSmith,

There is not a specific example and nothing that I am trying to avoid.  But I am an auditory learner.  When I hear two other reputable AHJ’s make reference to 50% renovation value (and we are not taking about flood plain regulations), then I simply parrot what they are telling everyone else.  But after asking them to give me a code reference to pass onto other people, I get no answer from one and the other saying that she never said that.

Shame on me for not verifying / comparing everything I hear with the written code.


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## Paul Sweet (Aug 7, 2020)

Bay Point Architect, I think BOCA had a 50% rule back in the 1970s or 80s.  I don't know when it went away.

Steveray, Level 2 work doesn't necessarily create a "Work Area".  I love the crystal clear terminology in codes.


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