Building Codes and Older Homes

Murray Foubister, Celista B.C.spectacular rainbows at sunset in the rain (11266143503), CC BY-SA 2.0

Alaskan homes are a lot like a rainbow after a good rain. Depending on how you look at that rainbow will depend on which beautiful colors you see. With your home, depending on what date it was built will depend on what color, or building standard, you will see when you look at the structure. Think of all the many building code books written over all these years, and see how they appear as different colors of the rainbow.

Most of the homes in Alaska were built before 1985 when building standards were in force that are very different from what we have today. Although those homes are different in constructed with older style materials and older standards, they have stood the test of time and are lovely homes to own and live in.

When doing home inspections on Alaskan homes we have to know what those older building standards and materials were and how those homes were supposed to be cared for over time. And we have to be aware of those older standards at the date of construction because in general, those standards are in place for the life of the home. In short, we have to know a lot of history and the why’s and how’s of Alaska’s residential construction. R-102.7 explains that when a home is constructed, it is intended to last a lifetime and shall be permitted to continue without change.

THE 2012 International Residential Code R-102.7 EXISTING STRUCTURES

R102.7 Existing Structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the international property maintenance code or the international fire code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the  public.

R102.7.1 Additions, alterations or repairs. Additions, alterations or repairs to any structure shall conform to the requirements for a new structure without requiring the existing structure to comply with all of the requirements of this code, unless otherwise stated. Additions, alterations or repairs shall not cause an existing structure to become unsafe or adversely affect the performance of the building.

Legal Occupancy

When the code speaks of LEGAL OCCUPANCY, we have to remember that the use of the home may have changed over time. For example, in old Turnagain By The Sea, many homes had full basements that were constructed as unfinished spaces. Over time we turned them into family rooms, bathrooms, bedrooms and other types of conditioned living space. When we made those conversions, then we were obligated to upgrade those spaces to a conditioned living space with, for example, a secondary fire escape to the exterior, protecting the underside of the stairwell against fire, covering all exposed electrical wiring and so on. In other words, we did change the legal occupancy and are required to upgrade to the codes in force at the time of the upgrade or change.

This does not mean we have to tear the building down and start over again because the concrete foundation doesn’t meet current standards, and so on. The upgrades relate only to the change of use. All other items in the original basement are permitted to continue without change or upgrade.

“Except” What

When this code refers to “except” as is specifically covered in this code, it is referring to actual Policies written down at, for example, the MOA. One Municipality of Anchorage Policy affecting existing structures is POLICY A.01, Emergency Escape and Rescue Openings for bedrooms.

This policy reaches back to older homes specifically and allows for some leeway, (such as older windows with 5 square feet on net clear opening and a step for height for existing windows, instead of 5.7 square feet for a new window and no step for height is allowed.) Some other new standards may apply, which didn’t even exist when my old Turnagain by the Sea family home was built, such as smoke detectors and carbon monoxide detectors properly placed.

Who Is The Building Official

When the code refers to THE BUILDING OFFICIAL, it is referring to a government agency or employee such as the MOA Building official, State Fire Marshal, Public Health Department and so on. It is not referring to home inspectors or private individuals. If a required upgrade is deemed necessary on older existing dwellings then it is listed in the MOA web site.

Additions and the Building Code

R102.7.1 Additions, alterations or repairs. Additions, alterations or repairs to any structure shall conform to the requirements for a new structure without requiring the existing structure to comply with all of the requirements of this code, unless otherwise stated. Additions, alterations or repairs shall not cause an existing structure to become unsafe or adversely affect the performance of the building.

One of the important statements in this code that illustrate the continued use of the existing building as it was built years ago, states: WITHOUT REQUIRING THE EXISTING STRUCTURE TO COMPLY WITH ALL REQUIREMENTS OF THIS CODE (MEANING THE CURRENT IRC 2012).

Only the new work is required to meet the new codes or standards. Now, this is a general statement and guides us along as we inspect these homes. But, it is pretty clear that old electrical wiring and breaker panels, old plumbing, old framing and the location of the original gas meter, aren’t required to be torn completely out of a home just because we added an outlet and toilet for the new bathroom. Only the new work must meet the new codes. Tying the new work into an older home is very much allowed in most cases.

If I want a 2012 code-compliant home, I will have to buy a new home. If I want that older home, I have to realize that it is constructed to older standards and was approved at that time as a safe and secure home for myself, family and guests.

The wording in these codes can get a little tricky if you haven’t spent much time with them. For example; R102.7.1 tells us that additions, alterations, and repairs shall conform to the requirements for a new structure. That does not mean the 2012 IRC which is the new standards in the Anchorage Area right now. It does mean on the date of the work being done it must have conformed to the new or current standard at that date.

So for example, if I built the home in 1950 and added a bathroom in 1960 with an opening window for ventilation and not a bathroom exhaust fan. The code for 1950 applies to the home and the code for 1960 applies to the bathroom addition. Now when I inspect the home in 2018, I am not required to have a 2018 code compliant bathroom fan because the addition was in 1960 when the codes only required an opening window for ventilation.

The Bottom Line

So, if the only color I see is blue, let’s say that is the current 2013 International Residential code here in Anchorage for new construction, I won’t see all the beautiful colors of the rainbow and won’t be able to find that pot of Gold. I also won’t be able to properly inspect an older home which might be constructed with a color red or green building standard.