International Building Code - Existing Structures

Existing Structures

Building code requirements generally apply to the construction of new buildings and alterations or additions to existing buildings, changes in the use of buildings, and the demolition of buildings or portions of buildings at the ends of their useful or economic lives. As such, building codes obtain their effect from the voluntary decisions of property owners to erect, alter, add to, or demolish a building in a jurisdiction where a building code applies, because these circumstances routinely require a permit. The plans are subject to review for compliance with current building codes as part of the permit application process. Generally, building codes are not otherwise retroactive except to correct an imminent hazard. However, accessibility standards - similar to those referenced in the model building codes - may be retroactive subject to the applicability of the Americans with Disabilities Act (ADA) which is a federal civil rights requirement.

Alterations and additions to an existing building must usually comply with all new requirements applicable to their scope as related to the intended use of the building as defined by the adopted code (e.g., Section 101.2 Scope, International Building Code, any version). Some changes in the use of a building often expose the entire building to the requirement to comply fully with provisions of the code applicable to the new use because the applicability of the code is use-specific. A change in use usually changes the applicability of code requirements and as such, will subject the building to review for compliance with the currently applicable codes (refer to Section 3408, Change of Occupancy, International Building Code - 2009). The applicability of codes and/or specific requirements of the codes are subject to potential amendments as specified by the authority that adopts the code (refer to Section 104, International Building Code, any version). Some jurisdictions limit such application to matters of fire safety, disabled access or structural integrity, others apply an economic feasibility or practicality test, and still others exempt buildings of special use or architectural or historic significance.

Existing buildings are not exempt from new requirements, especially those considered essential to achieve health, safety or general welfare objectives of the adopting jurisdiction, even when they are not otherwise subject to alteration, addition, change in use, or demolition. Such requirements typically remedy existing conditions, considered in hindsight, inimical to safety, such as the lack of automatic fire sprinklers in certain places of assembly, as became a major concern after the Station nightclub fire in 2003 killed 100 people.

Although such remedial enactments address existing conditions, they do not violate the United States Constitution's ban on the adoption of ex post facto law, as they do not criminalize or seek to punish past conduct. Such requirements merely prohibit the maintenance or continuance of conditions that would prove injurious to a member of the public or the broader public interest.

Assertions by property rights advocates in the United States that such requirements violate the "takings clause" of the Fifth Amendment to the United States Constitution, have generally failed on grounds that compliance with such requirements increases rather than decreases the capital value of the property concerned.

Some states, especially those that delegate their adoption and enforcement authority to subordinate local jurisdictions, may exempt their own buildings from compliance with local building codes or local amendments to a statewide building code. Similarly, property owned by the United States Government is considered exempt from state and local enactments, although such properties are generally not exempt from inspection by state or local authorities, except on grounds of protecting national defense or national security. In lieu of submitting themselves to compliance with the requirements of other government jurisdictions, most state and federal agencies adopt construction and maintenance requirements that either reference model building codes or model their provisions on their requirements.

Some jurisdictions have enacted requirements to bring certain types or uses of existing buildings into compliance with new requirements, such as the installation of smoke alarms in households or dwelling units, at the time of sale. Some safety advocates have suggested a similar approach to encourage remedial application of other requirements, but few jurisdictions have found it economical or equitable to disincentivise property transactions in this way.

Many jurisdictions have found the application of new requirements to old, particularly historic buildings, challenging. New Jersey, for example, has adopted specific state amendments (see New Jersey's Rehabilitation Subcode)to provide a means of code compliance to existing structures without forcing the owner to comply with rigid requirements of the currently adopted Building Codes where it may be technically infeasible to do so. California has also enacted a specific historic building code (see 2001 California Historic Building Code). Other states require compliance with building and fire codes, subject to reservations, limitations, or jurisdictional discretion to protect historic building stock as a condition of nominating or listing a building for preservation or landmark status, especially where such status attracts tax credits, investment of public money, or other incentives.

The listing of a building on the National Register of Historic Places does not exempt it from compliance with state or local building code requirements.