Grandfather Clause 6

[Logan82]

Hi!

Is it possible for a building owner not to upgrade a building following a code modification? It seems logical that is it the case, otherwise the upgrade cost would be astronomical.

I have heard of the "grandfather clause" from clients, which means that a building owner does not have to change the building to comply to the new code, except if repair / refurbishment are done a part of the building. But I can't seem to find much information on this subject on the internet or in the National Building Code of Canada. Are there official statements regarding the grandfather clause in the law or in codes, or is this only unofficial?

 

[Brad805]

You will need to read Clause L of the supplement to the NBC, "Application of Part 4 of Div B for the Structural Upgrading of Existing Buildings."

There is no specific grandfather clause. It is engineering judgement to determine a balance between risks and cost.

 

[dik]

Just out of curiosity, are the supplements part of the code? Just curious... The Ontario Building Code has a Part 11 for renovations that accommodates this nicely... I think all codes should have a Part 11.

Rather than think climate change and the corona virus as science, think of it as the wrath of God. Feel any better?

-Dik

 

[Logan82]

Thank you Brad805 and dik!

Here is the link to the document Brad805 is refering to:

https://publications-cnrc.canada.ca/fra/voir/td/?id=a23153d5-ad9d-46f9-9a29-3f76aa09dd7c

 

[dhengr]

Logan82:
I would talk about this matter with the local AHJ, after all they are the one’s who will have the final say on the matter. Most authorities use some percentage of bldg. value, or bldg. area/volume as a loose basis for some sort of set point for this excessive action. Maybe they consider areas of a bldg. where the public is present/active in some significant numbers, and ingress and egress is important, as opposed to a warehouse or storage area, pretty well removed from the public health and safety. The idea should be that, if the bldg. has been performing well, and is judged to be structurally sound and safe and in good shape otherwise, the whole structure shouldn’t have to be updated to today’s bldg. code stds., just because you want to remodel a bathroom, or change some small area, for a slightly different use. Things like electrical, plumbing, reasonable fire safety changes usually get a pretty close look. Public safety, ingress, egress, traffic flow, significant occupancy and use changes get a close look too. Obviously, new work has to meet the current code, and new loads and conditions which relate to old parts of the bldg. must be accounted for. The problem is that too many owners and contractors try to game the system (maybe at one time sorta an honor system) so that now this gets a pretty close look by bldg. depts. It is really best to talk with them early in the game so you know what to expect from them.

 

[dik]

That's the nice thing about Part 11, it takes a lot of the discretion away from the AHJ...

Rather than think climate change and the corona virus as science, think of it as the wrath of God. Feel any better?

-Dik

 

[skeletron]

Also consider life-safety aspects which are at the essence of the Part 11 or Commentary L concepts.

 

[Ron]

In the US, both the International Building Code and it's numerous state variants have a code for Existing Buildings that addresses repair, renovation and modification. It provides guidance on categorizing work and whether it requires a code level upgrade or if the original building code prevails. As dheng noted, check with the local building official as they have a lot of latitude in code interpretation and decisions.

 

[Once20036]

No experience with Canadian codes, but here in the states I think about the building code as being akin to any other law, that needs to be adopted by the government.
These laws will typically say, "New buildings shall be constructed in accordance with the XYZ building code."

I have never seen a law stating that existing buildings need to receive structural upgrades just because a new code was released.
If that were the case, every building ever could need to be retrofit every couple years.

As others have alluded to above, this changes if you`re going work in the building anyway. I think DHengr and Ron provide good commentary there.

 

[Logan82]

Thank you for the information all! Your comments are very instructive.

 

[dik]

Once... same here, but in Ontario, it's codified in Part 11, that any upgrades, with exceptions, do not require the building to be brought up to current code standards. It does a really great job of stipulating what has to be done.

Rather than think climate change and the corona virus as science, think of it as the wrath of God. Feel any better?

-Dik

 

[CrabbyT]

This is not legal advice - this is based on my own understanding which may or may not be correct.

In the US, check the Rehabilitation Code of Existing Buildings for your state (or the IBC version).

Generally, old buildings are not required to meet current code requirements unless they're altered somehow. However, I believe that OSHA recently passed some rules regarding ladders and those rules state that existing ladders need to be retrofit to meet new requirements. Depending on what sort of alteration the client is making, the owner may be required to meet current code requirements unless the code official approves a variance or unless the client and their insurance accept the liability.