City of Shawnee

 

Smart Code

 

 

Adopted

February 5, 2001


Table of Contents

Chapter

1 – Introduction:  Using this Subcode. 1

2 – Applicability and Compliance. 7

3 – Definitions. 10

4 – Repairs. 12

5 – Renovations. 15

6 – Alterations. 18

7 – Reconstruction. 23

8 – Materials and Methods. 28

9 – New Building Elements. 35

10 – Basic Requirements and Supplemental Requirements-General 37

11 – Basic Requirements in All Use Groups. 37

11A – Supplemental Requirements in All Use Groups. 39

12 – Basic Requirements – Use Group A-1. 40

12A – Supplemental Requirements- Use Group A-1. 43

13 – Basic Requirements- Use Group A-2. 45

13A – Supplemental Requirements- Use Group A-2. 49

14 – Basic Requirements- Use Group A-3. 52

14A – Supplemental Requirements- Use Group A-3. 56

15 – Basic Requirements- Use Group A-4. 59

15A – Supplemental Requirements –Use Group A-4. 63

16 – Basic Requirements- Use Group A-5. 65

16A – Supplemental Requirements- Use Group A-5. 68

17 – Basic Requirements- use Group B.. 70

17A – Supplemental Requirements-Use Group B.. 74

18 – Basic Requirements- Use Group E. 76

18A – Supplemental Requirements –Use Group E. 79

19 – Basic Requirements –Use Group F. 81

19A – Supplemental Requirements- Use Group F. 85

20 – Basic Requirements- Use Group H.. 86

20A – Supplemental Requirements –Use Group H.. 89

21 – Basic Requirements- Use Group I-1. 91

21A – Supplemental Requirements - Use Group I-1. 95

22A – Supplemental Requirements - Use Group I-2. 101

23 – Basic Requirements – Use Group I-3. 103

23A – Supplemental Requirements – Use Group I_3. 105

24 – Basic Requirements – Use Group M... 107

24A – Supplemental Requirements – Use Group M... 111

25 – Basic Requirements – Use Group R-1. 112

25A – Supplemental Requirements – Use Group R-1. 117

26 – Basic Requirements – Use Group R-2. 120

26A – Supplemental Requirements – Use Group R-2. 126

27 – Basic Requirements – Use Group R-3/R-4. 129

27A – Supplemental Requirements – Use Groups R-3/R-4. 130

28 – Basic Requirements – Use Group S. 131

28A – Supplemental Requirements – Use Group S. 134

29 – Mixed Use Buildings. 135

30 – Special Technical Requirements – All Use Groups. 136

31 – Change of Use. 140

32 – Additions. 158

33 – Historic Buildings. 159


 


 

REHABILITATION CODE

 

1 – Introduction:  Using this Subcode

(a)                This section is a guide to the use of the rehabilitation subcode, it should not be interpreted as containing substantive requirements and it is not intended to be cited for enforcement purposes.

1.                  The provisions of the other subcodes of the 1996 BOCA National Building Code do not apply to work in existing buildings, changing the use of an existing building or work in an existing building related to an addition unless the provisions of this subcode specifically referenced them and make them applicable.

2.                  Traditionally, the Shawnee adopted Construction Code (BOCA) has made the requirements that are applicable to new buildings also apply to buildings whose use is changed; applicable to buildings undergoing rehabilitation with the extent of the requirements depending on the amount of money being spent on the building; and to some extent applicable to existing buildings that have an addition constructed.  Buildings whose use was changed and buildings receiving rehabilitation costing more than 50% of the replacement cost of the building were required to comply with all the provisions of the BOCA Building Code for new buildings.

3.                  This subcode takes a new approach.  The requirements that apply to a project are based upon the type of work being done rather than on the extent of the work.  There is only one exception to this rule.  In the case of reconstruction work, as the term reconstruction is defined in this subcode, there are some requirements which must be met when the project is a large one in floor area.  There are no requirements in this subcode that are based on the cost of the work.

4.                  In this subcode, work is classified into six categories.  Each category has a separate section, which describes the requirements for that category of work.  The categories are repair, renovation, alteration, reconstruction, change of use and additions.  These terms are defined in Section 7-3.3 of this subcode.  The definitions are critical to understand the distinctions between these six categories of work.  Where a project contains more than one category of work, each applicable category must be consulted for the requirements for that category of work.

(b)               Repair work:  the requirements that apply to repair work are in Section7-3.4 of this subcode.  The requirements for repairs are brief due to the limited nature of the work.  There is a short list of materials that may not be used for repair work due to their inherently hazardous nature and another list of materials, which must be used in connection with repair work where applicable.  These lists should be used when planning the repair components of any project.

1.                  This subcode does not establish when a permit is required for a project. Those requirements are in Sec. 107.1 of the BOCA/1996 and other adopted city Ordinance. Building Code.  Although it is generally true that repair work undertaken by itself does not require a construction permit, it is important to understand that any repair work undertaken in connection with a project that involves other categories of work is required to meet only the provisions for the repair category established by this subcode.  There is no limit to the amount of repair work, which may be undertaken.  The decision to renovate rather than repair is made only by the owner.

(c)                Renovation Work:  The requirements that apply to renovation work are in Section 7-3.5 of this subcode.  Renovation is defined in Section 7-3.3 of this subcode.

1.                  There are short lists of materials that may not be used and materials or practices, which must be used, where applicable, when renovation work is undertaken.  These lists should be used when planning a project, which involves renovation work.

2.                  The installation of smoke detectors is required in any building of Use Groups R-3/R-4 which undergoes a renovation.

3.                  Renovation work must comply with Section 7-3.8, Materials and Methods.  All materials used for the renovation work must meet the standards for those materials established by Section 7-3.8 and methods of installation must comply with Section 7-3.8.  Section 7-3.8, Materials and Methods, references and makes applicable to renovation work certain specified subsections of the other subcodes of the BOCA Building Code.  Only those subsections specifically referenced in Section 7-3.8 apply to renovation work.  All materials and methods used in renovation work must comply with the requirements.

4.                  This subcode never requires renovation.  Any existing work may be repaired.  The requirements for renovation apply only where the owner decides to renovate.

(d)               Alteration Work:  The requirements that apply to alteration work are in Section 7-3.6 of this subcode.  Alteration is defined in Section 7-3.3 of this subcode.

1.                  Section 7-3.6, alteration work, contains short lists of materials that may not be used and materials or practices which must be used, where applicable, when alteration work is undertaken.  These lists should be used when planning a project, which includes alteration work.

2.                  The installation of smoke detectors is required in any building of Use Group R-3/R-4 which undergoes an alteration.

3.                  Alteration work must also comply with Materials and Methods that are set forth in Section 7-3.8.

4.                  In alteration work, the configuration of the building is changed in some manner.  The definition of “alteration” in Section 7-3.3 of this subcode provides the information needed to fully understand this term.  Because improper alteration work could create a safety hazard in the building, this subcode contains specific requirements, which define these hazards.  These are the Basic Requirements of the subcode, which can be found in Sections 7-3.10 through 7-3.30 of this subcode.

5.                  The subcode includes Basic Requirements, listed by use group, with the exception of egress capacity, interior finish requirements, commercial cooking operations, and windowless stories which apply to all use groups.  Reference should be made to the list of basic requirements applicable to the particular use group in which the building being altered falls.  Care should be taken to ensure that the alteration does not create a non-conformity with any of the basic requirements which did not exist before the alteration was undertaken.

6.                  Certain alterations create what are defined to be new building elements.  There is a specific listing of those items, which are to be treated as newly-created building elements, which can be found in Section 7-3.9 of this subcode.  The elements on that list are required to conform to certain specific sections of the other subcodes of the BOCA Building Code.  The sections with which each newly-constructed element must comply are listed in Section 7-3.9. Any alteration, which creates one of the elements listed in Section 7-3.9, must comply with the specific requirements listed in Section 7-3.9.

7.                  Improvements to the accessibility of buildings may be required when alteration work is undertaken.  Those requirements are specified in Section 7-3.6 (e) and (i) of this subcode.

(e)                Reconstruction Work:  The requirements that apply to reconstruction work are in Section 7-3.7 of this subcode.  Reconstruction is defined in section 7-3.3 of this subcode.  Unlike repair, renovation, and alteration, reconstruction is not a kind of work.  A reconstruction may, as the definition of the term makes clear, include a combination of repair, renovation, and alteration work.  It is the extent and nature of the work, which makes a project a reconstruction.  A project becomes a reconstruction when the area where the project is taking place cannot be occupied while the work is in progress and when a new certificate of occupancy is required before the area can be re-occupied.  Both criteria muse be met.

1.                  This subcode requires that a reconstruction project have a delineated work area.  This area is established by the permit applicant.  The term “work area” is defined in Section 7-3.3 of the subcode.  A reconstruction project must always involve an entire use, primary function space, or tenancy as those three terms are defined in Section 7-3.3.  Projects, which do not involve an entire use, primary function space, or tenancy, are not reconstruction projects.

2.                  Although a reconstruction project is compromised of repair, renovation and alteration work, all of the requirements that apply are found in Section 7.  For ease of use, this section has been written to include all of the requirements applicable to reconstruction.  The entire work area must conform to the Basic Requirements in Section 7-3.10 through 7-3.30 of the subcode.  These sections must be carefully reviewed when a reconstruction project is being planned.

3.                  The Basic Requirements are organized by individual use groups in Sections 7-3.12 through 7-3.28.  Only the sections relevant to the building’s use group must be consulted.  Where a project involves mixed uses, then the special provisions of Section 7-3.29 should also be consulted.  Basic requirements that apply to all use groups are in Section 7-3.11 and 7-3.30 of the subcode.  These sections must be carefully reviewed when a reconstruction project is being planned.

4.                  In addition to meeting the Basic Requirements, certain reconstruction projects must meet the Supplemental Requirements found in Sections 7-3.10 through 7-3.30.  There is a specific section for use group as is the case with the Basic Requirements.  Supplemental Requirements that apply to all use groups are in Sections 7-3.11A and 7-3.30.  The Supplemental Requirements apply only when the work area for a reconstruction project exceeds a certain size.  Each Supplemental Requirement has its own threshold of applicability.

5.                  The owner of a building in which a reconstruction project is planned must review the Supplemental Requirements applicable to the use of the project to determine if any of those requirements applies to the project.  In addition to the specific use group section between 7-3.12A and 7-3.28A, Section 7-3.11A and 7-3.30 should be consulted for he Supplemental Requirements that apply to a project.

5.Applying the Subcode to a Project:  The requirements of this subcode applicable to a project can be found as follows:

6.                  Separate the project into its component parts of repair, renovation, and alteration.

7.                  Where a portion of the work is repair, consult the repair section of the subcode (Section 7-3.4) to ensure that prohibited materials are not being used and that any applicable required materials or practices are being used.

8.                  Where a portion of the work is renovation:

i.                     Consult the renovation sections of this subcode (Section 7-3.5);

ii.                   Ensure that the renovation work does not use any prohibited materials and that any applicable required materials or practices are being used; and

iii.                  Ensure that renovation materials and the methods of their installation conform to the Materials and Methods section of this subcode (Section 7-3.8).

9.                  Where a portion of the work is alteration work:

i.                     Consult the alteration section of this subcode (Section 7-3.6);

ii.                   Ensure that the alteration work does not use any prohibited materials and that any applicable required materials or practices are being used;

iii.                  Ensure that any materials and methods used for the alterations conform to the requirements of the Materials and Methods section of this subcode (Section 7-3.8);

iv.                 Ensure that alteration which creates a new building element listed in Section 7-3.9 of this subcode conforms to the requirements for new building elements that are specified in Section 7-3.9; and

v.                   Ensure that none of the alteration work creates a new condition which would create a violation on any of the Basic Requirements applicable to the use group that are specified in Sections 7-3.10 through Section 7-3.30.

10.              Determine whether the project is a reconstruction project according to the definitions in Section 7-3.3 of the subcode.  When the project is a reconstruction project:

i.                     Establish the work area of the project and show it on the plans and/or permit application;

ii.                   Ensure that the requirements applicable to the repair, renovation, and alteration portions of the project are followed;

iii.                  Ensure that the Basic Requirements for the particular use that are specified in the relevant section of this subcode between 7-3.12 and 7-3.28 are followed.  Where the project work area includes more than one use group, then Section 7-3.29 should be consulted; and

iv.                 Review the size of the work area against the relevant provisions for the Supplemental Requirements in Section 7-3.11A through 7-3.28A of this subcode.  Where compliance with a supplemental requirement is necessary, then ensure that the plans and/or permit application reflect compliance with the required section.  Some Supplemental Requirements will require work outside the work area.

(f)                 Change of Use:  The BOCA Building Code divides all buildings into categories called uses.  The Rehabilitation Subcode uses these same classifications.

1.                  The different uses represent different hazards and different needs.  Specific requirements apply to each use.  Each of the other technical subcodes of the BOCA Building Code:  Building, Fire, Plumbing, Electrical, and Mechanical, defines these uses, each for its own purpose.  Traditionally, the BOCA Building Code required any building or portion of a building where the use was changed to conform to the requirements of the code for a new building of that use.  This subcode takes a different approach.

2.                  A change of use in a building often, but not always, involves some construction work.  Changes of use, in which the owner does not need any construction work to affect the new use, do happen.  The different uses defined by the code reflect different levels of hazard and different safety requirements.  Depending upon the specific change, a new use may not affect the hazard; it could pose a lesser hazard; or it might pose a greater hazard or necessitate additional safety measures.

3.                  This subcode allows changes of use where the new use is similar to or less demanding in terms of hazard or safety requirements than the present use.  No modifications to the building are required by this subcode where such a change of use is planned.

4.                  This subcode uses the concept of Hazard Indexes in order to specify the requirements for a change of use.  Separate hazard indexes are established for different aspects of building, health, and safety:

i.                     Basic Requirements:  Changes of use specified in Section 7-3.31(b) must comply with the Basic Requirements set forth in Section 7-3.10 through 7-3.30 of this subcode before the building can be occupied for the new use.

ii.                   Means of Egress:  Certain changes of use specified in Section 7-3.31(c) must comply with additional requirements for egress which are set forth in Section 7-3.31 before the building can be occupied for the new use.

iii.                  Vertical Openings:  Stairways and other vertical openings located in a building or portion of a building where there is a change of use are required to meet certain enclosure requirements for the new use, which are specified in Sections 7-3.12 through 7-3.28 of this Subcode.  These requirements must be met before the building may be occupied for the new use.

iv.                 Height and Area Limits:  Changes of use are not allowed if the building will exceed the height and area limits specified in Section 7-3.31(e) for its type of construction.  The types of construction are defined in the BOCA/1996 Building Code.

v.                   Exterior Walls:  Changes of use as specified in Section 7-3.31(f) of this subcode must have the fire resistance of exterior walls and any openings therein improved as specified in Section 7-3.31(f) before the building can be occupied for the new use.

vi.                 Fire Suppression:  Changes of use as specified in Section 7-3.31(g) must have a fire suppression system installed in accordance with the requirements of Section 7-3.31(g) before the building can be occupied for new use.

vii.                Fire Alarms and Fire Detection Systems:  Changes of use as specified in Section 7-3.31(h), (i), and (j) must have fire alarms or fire detection installed in accordance with the requirements of Section 7-3.31 (h), (i), and (j) before the building can be occupied for the new use.

viii.              Structural, Plumbing, Electrical, and Mechanical:  Some changes of use may necessitate changes to the structural, plumbing, electrical, or mechanical systems of a building.  These requirements are set forth in Section 7-3.31(k), (l), (m) and (n) of this subcode.  Only those requirements necessitated by the change and needed for health or safety in the new use as specified must be met.

ix.                 Accessibility Requirements:  Changes of use must conform to the accessibility requirements specified in Section 7-3.31 before the building can be occupied for the new use.

5.                  Where the owner of a building undergoing a change of use decides to undertake work not required by Section 7-3.31 of this subcode, then that work must comply with the requirements for repair, renovation, alteration, and reconstruction, as the case may be, which are established by Sections 7-3.4, 7-3.5, and 7-3.7 of this subcode.

6.                  Where the use of a building or portion of a building is changed, a new certificate of occupancy is required for the use by the provision of Subchapter 2 of this code.  This does not mean that all changes of use are required to meet the requirements for Reconstruction.  Only a project, which meets the definition of Reconstruction set forth in Section 7-3.3, need comply with the provisions of Section 7-3.7, Reconstruction, of this subcode.

(g)                Additions:  Additions are required to comply with the provision of the other         technical subcodes of the BOCA Building Code.  Work in the existing building, which is related to the addition, must conform with the requirements of Section 7-3.32 of this subcode.  Additionally, such work undertaken in the existing building must comply with the requirements for repair, renovation, alteration, and reconstruction as set forth in Sections 7-3.4, 7-3.5, 7-3.6, and 7-3.7 of this subcode.

(h)                Historical Buildings:  Section 7-3.33 of this subcode defines those buildings which are to be treated as historic and sets forth certain special requirements applicable to historic buildings which modify the provisions of this subcode when a building is historic.  Section 7-3.33 should be reviewed to determine if a building is to be treated as historic under this subcode and for the special provisions applicable to the various types of historical buildings.

2 – Applicability and Compliance

(a)                This subchapter, adopted pursuant to State law references-Adoption of technical codes, 11 O.S. 14-107; and entitled “Rehabilitation Code”, shall be known and may be cited throughout the regulation as S.A.S.C. 7-3, and when referred to in subchapter 7-3 of this chapter, may be cited as “this subchapter” or “this subcode”.  Unless otherwise specifically provided, all references to article or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such article, section or provision of this subchapter.

(b)               Scope:  Except as otherwise specified, this subchapter shall control all matters concerning the repair, renovation, alteration, reconstruction, change of use, and addition to all buildings and structures and their service equipment as defined herein and shall apply to all existing buildings and structures in the City of Shawnee.

1.                  This subchapter shall not be applied to any building or portion thereof that has never been occupied.  In such building or spaces, the requirements of the other subcodes of the BOCA Building Code for new construction shall apply.

2.                  All work shall be classified by the construction official, in consultation with the appropriate subcode official(s), as one or more of six categories:  repair, renovation, alteration, reconstruction, change of use, and additions.  Specific requirements are established for each work category.

3.                  Work of more than one category may be part of a single work project.

3.Where a project includes repair, renovation or alteration work, then the work in each such category shall comply with the requirements for that category of work.

i.                     Where a project is a reconstruction project, which includes repair, renovation or alteration work, then the work in each such category, shall comply with the requirements for that category of work.

ii.                   Where an alteration project results in a new building element, then each such new element shall comply with the requirements for new building elements.

iii.                  Where a project is a reconstruction project, then the entire work area shall comply with the basic requirements of this subcode.  Where a reconstruction project in a building involves more than one work area, then each work area shall comply with the requirements of this subcode.  Additionally, reconstruction projects shall comply with the supplemental requirements of this subcode where they exceed the size requirements of this subcode where they exceed the size requirements specified by this subcode in the sections governing supplemental requirements.

iv.                 Where the use of a building or portion thereof is changed, then the building or portion thereof shall be made to conform to the requirements of this subcode for a change of use.  Where work is required by Section 7-3.31 of this subcode for a change of use to be approved, then that work shall comply with the requirements of this subcode for changes of use.  Where a project undertaken in connection with a change of use involves repairs, renovations or alterations, which are not required by this subcode for the change of use, then the work in each such category, shall comply with the requirements of this subcode for that category.

v.                   Where the work project involves an addition to a building, then the addition shall comply with the requirements of the other subcodes of the BOCA Building Code for new buildings.  Any repair, renovation or alteration undertaken in an existing building in connection with an addition shall comply with the requirements of this subcode for such category of work.

(c)                Compliance:  The only requirements of the other subcodes of the BOCA Building Code, which apply, are specifically set forth in this subchapter.  Compliance with the requirements of the other subcodes of the BOCA Building code is not required for work in existing buildings.  However, building components already in compliance with the requirements of the other subcodes of the BOCA Building Code shall be replaced with components that apply.  Where no year or edition is given for a standard referenced in this subchapter, the year or edition shall be the one referenced in the other subcode(s) of the BOCA Building Code.

1.                  Buildings in compliance with the current edition of the applicable subcode shall not be required to comply with any more restrictive requirement of this subcode.

2.                  The repairs, renovations, alterations, reconstruction, and changes of use and/or additions, of any building or structure currently existing shall conform to the requirements of this subchapter.  Where compliance with the provisions of this subchapter would result in practical difficulty, the owner may apply for a variation in accordance with the Sec. 121 BOCA.

3.                  Any variation previously issued in writing pursuant to the BOCA/ Code shall remain in force and effect unless the work to be performed during the course of the rehabilitation project causes one of the conditions of the variation to be violated or would otherwise create a hazardous condition.

4.                  As an alternative to compliance with the building and fire protection requirements of this subchapter, a permit applicant shall be allowed to evaluate the building in accordance with Section 3408.6 of the BOCA National Building Code, 1996 edition, incorporated herein by reference, and to bring the building into compliance with the standards contained therein.

(d)                Permits

(d)The requirements of this subchapter shall apply to all rehabilitation work without regard to whether a permit is required for such work.  It should not be assumed that a permit is required simply because a requirement is established by the subchapter.  Determinations as to whether a permit is required shall be made in accordance with the administrative provisions of the Sec. 107.1 contained in BOCA/ 1996 or other adopted Ordinance of the City of Shawnee.

(e)                Enforcement Responsibilities:  Responsibility for the enforcement of the provisions of this subchapter shall be as indicated in parentheses at the end of each section. For provisions of other subcodes of the BOCA Building Code referenced herein, enforcement responsibility shall be as indicated by Ordinance.

1.                  Assignment of enforcement responsibility for a requirement does not imply that work undertaken that would not otherwise require a permit required or a compliant lodged, the designated subcode official is responsible.  The parenthetical notes shall have the following meanings:

i.                     “Building” means that responsibility is assigned to the Chief Building/ Code official.

ii.                   “Fire” means that responsibility is assigned to the fire protection subcode official.

iii.                  “Electrical” means that responsibility is assigned to the Chief Electrical Inspector.

iv.                 “Plumbing” means that responsibility is assigned to the plumbing Chief Plumbing Inspector.

v.                   “Elevator” means that responsibility is assigned to the Chief Building/ Code official.

2.                  Responsibility for the enforcement of mechanical requirements in building of Use Group R-3 or R-4 may be assigned as delineated in NFPC/ 1996 at the discretion of the construction official.

3.                  Enforcement of the provisions of the barrier free subcode shall be as provided in Subchapter 11 of the BOCA/ 1996 Building Code.

(f)                 Pre-Existing Buildings

(f)Buildings or structures legally in existence at the time of the adoption or subsequent amendment of this subchapter may continue in use and nothing herein shall be interpreted as requiring the repaired, renovation, alteration or reconstruction of such building, except as provided at Sec. 119 BOCA/ 1996, Unsafe Structures.

(g)                Relationship of this Subcode to Other Codes, Rules, and Ordinances

1.                  It is the intent of this subcode to provide a uniform, harmonious system of rehabilitation regulations applicable to all existing buildings and structures in the City of Shawnee.  No code, ordinance, rule, regulation thereof, shall establish any requirement for any matter covered by this subcode.

2.                  It is the intent of the subcode to establish requirements for reconstruction projects which are at least as stringent as the requirements applicable to that area under the adopted Fire Code, the Regulations for Maintenance of Hotels and Multiple Dwellings and the Oklahoma State Housing Code.  This subcode shall not be interpreted as establishing requirements less stringent than these codes.

3.                  Certificates of occupancy issued for projects in compliance with the requirements of this subcode are specific to the work undertaken and shall not obviate the need for the building to be brought into compliance with the requirements of the Shawnee Fire Prevention Code.

i.                     Notwithstanding the above, a variation issued in writing pursuant to Sec.106.2 BOCA/ 1996 in connection with a rehabilitation project shall remain in force and effect provided that all of the conditions of variation continue to be met and shall be accepted for purposes of establishing compliance with Subchapter 4 of the Uniform Fire Code for the portion of the building to which the variation applies.

4.                  This subcode is not intended to establish minimum standards of habitability for housing.  No provision of any state or municipal housing code or the equivalent which establishes minimum standards for natural light, natural ventilation, minimum habitable floor area per occupant, or requirements for heat shall be deemed to be affected or superseded by this subchapter.

5.                  Where work is proposed to an existing commercial farm building or where the use of a building is changed to a commercial farm building, the building shall be permitted to comply with the requirements of this subchapter applicable to Use Group S-2.

6.                  The repair, renovation, alteration, reconstruction or change of use of health care facilities shall be in accordance with this code and with the “Guidelines for Construction and Equipment of Hospital and Medical Facilities,” 1992-93 edition or current edition (American Institute of Architects Committee on Architecture for Health). In the event of any conflict, the more restrictive code provision shall govern.

(h)                Correction of Violations of Other Codes

Alterations or renovations mandated by any property, housing, or fire safety maintenance code or mandated by any licensing rule or ordinance, adopted pursuant to law, shall conform only to the requirements of that code, rule, or ordinance and shall not be required to conform to this subchapter unless the code requiring such alterations so provides.

(i)                  Variations

Building owners wishing to use an alternative to compliance with specific provisions of this subcode shall submit request(s) for variations in writing in accordance with Article II Sec.10-20 of the Shawnee Fire Prevention Code For variation requests involving fire safety, the construction official shall consult with the fire official.  Then the approval of the fire official shall be required on such variation requests.

(j)                 Asbestos hazard abatement projects and lead hazard abatement projects shall not be categorized as reconstruction projects in and of themselves despite the fact that occupancy of the work area is not permitted.  However, all related construction work undertaken in connection with such projects and all replacement materials used shall comply with the applicable provisions of this subcode.

3 – Definitions

The words and terms used in this subcode shall have the following meanings unless the context clearly indicates otherwise.  Any term not defined herein, which is defined in any of the other subcodes of the BOCA Building Code, shall have the meaning as defined in that subcode.  Where a term is defined in this subcode and is also defined in another subcode, then the term shall have the meaning as defined herein wherever it is used in this subcode.

“Addition” means an increase in the footprint area of a building or an increase in the height and the number of stories of a building.

“Alteration” see definition under “Rehabilitation.”

“Change of use” means a change from one use to another use in a building or tenancy or portion thereof.

“Use” means that portion of a building or tenancy which is devoted to a single use group or special use or occupancy as defined in the BOCA/1996 Building Code or as established by the provisions of any other subcode for the purpose of specifying special requirements applicable to that portion of a building or tenancy.

“Equipment” or “fixture” means plumbing, heating, electrical, ventilating, air conditioning, refrigerating and fire protection equipment, elevators devices, boilers, pressure vessels and other mechanical facilities or installations, which are related to building services and shall include any connections from building services to process equipment.

“Load bearing element” means any column, beam, joist, girder, wall, floor or roof sheathing, which supports any load in addition to its own weight.

“New building element” means any one of the elements listed in Section 7-3.9 that did not exist previously.

“Primary function space” means a room or space housing a major activity for which the building or tenancy is intended including but not limited to office area, auditorium, assembly space, dining room, bar or lounge, warehouse, factory, dwelling, care, confinement, retail, and educational spaces but not including kitchens, bathrooms, storage rooms or other spaces supporting a primary function space; a building or tenancy may contain more that one primary function space.

“Primary structural component” means any component of the primary load bearing structure of a building including footings, piles, foundation, columns, girders, beams, joists, wind or seismic bracing but not including, for the purposes of this subcode, sheathing or sub-flooring.

“Reconstruction” see definition under “Rehabilitation”.

“Rehabilitation” means the repair, renovation, alteration or reconstruction of any building or structure.

“Repair” means the restoration of a good or sound condition of materials, systems and/or components that are worn, deteriorated or broken using materials or components identical to or closely similar to the existing.

“Renovation” means the removal and replacement or covering of existing interior or exterior finish, trim, doors, windows, or other materials with new materials that serve the same purpose and do not change the configuration of space.  Renovation shall include the replacement of equipment or fixtures.

“Alteration” means the rearrangement of any space by the construction of walls or partitions or by a change in ceiling height, the addition or elimination of any door or window, the extension or rearrangement of any system, the installation of any additional equipment or fixtures and any work which reduces the load bearing capacity of or which imposes additional loads on a primary structural component.

“Reconstruction” means any project where the extent and nature of the work is such that the work area cannot be occupied while the work is in progress and where a new certificate of occupancy is required before the work area can be reoccupied.  Reconstruction may include repair, renovation, alteration or any combination thereof.  Reconstruction shall not include projects comprised only of floor finish replacement, painting or wallpapering, or the replacement of equipment or furnishings.  Asbestos hazard abatement and lead hazard abatement projects shall not be classified as reconstruction solely because occupancy of the work area is not permitted.

“Renovation” see definition under “Rehabilitation”.

“Repair” see definition under “Rehabilitation”.

“System” means the primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building including any equipment, fixtures, connections, conduits, wires, pipes, ducts, as well as any associated sensors, controls, distribution or safety elements.

“Technically infeasible” means, in connection with accessibility requirements, a change that has little likelihood of being accomplished because the existing structural conditions require the removal or alteration of a load bearing member that is an essential part of the structural frame, or because other existing physical or site constraints prohibit modification or addition of elements, spaces or features which are in full and strict compliance with the minimum requirements for new construction and which are necessary to provide accessibility.

“Tenancy” means an entire building or that portion of a building or story, which is or is intended to be under the control of a single owner or tenant.

“Use” see definition under “Change of Use”.

“Use Group” means the use group classification of the BOCA/1996 Building Code.

“Work area” means any entire use, primary function space, or tenancy compromising all or part of a reconstruction project as delineated on the approved permit application and/or plans.

4 – Repairs

(a)                Repairs, as defined in section 7-3.3, shall comply with the requirements of this section.  There is no limit to the amount of repair work, which may be undertaken.

1.                  The following work shall be considered renovation, alteration, or reconstruction, as appropriate, and not repair work:

i.                     The cutting away of any wall, partition, or portion thereof,

ii.                   The permanent, partial or complete removal of any primary structural component.

iii.                  The removal or rearrangement of any part of a required means of egress;

iv.                 Addition to, alteration or relocation of:

(1)               Any fire protection system piping;

(2)               Water supply, sewer, drainage, gas, oil, waste, vent, or similar piping;

(3)               Electrical wiring, other than wiring for a low voltage communication system in a one or two family dwelling.

(4)               Mechanical system components such as ductwork; or

(5)               Elevator devices.

(b)               All work shall be done in a workmanlike manner.

(c)                The work shall not cause any diminution of existing structural strength, system capacity or mechanical ventilation below that which exist at the time of application for a permit or that which is required by the applicable subcodes of the BOCA Building Code, whichever is lower.

1.                  Newly introduced fixed loads shall not exceed the uniformly distributed live loads or concentrated live load criteria of Table 1606 of the BOCA/1996 Building Code and shall not create deflection that exceeds the standards set forth below.  As used in this section, fixed loads shall mean uniform or concentrated loads and shall include, but not be limited to, equipment, files, library stacks, or similar loading conditions.  (Building)

i.                     For wood frame construction, deflection shall not exceed L/180 for roofs with a slope of 3 in 12 or less or L/120 for roofs with a slope of greater that 3 in 12 and for floors.

ii.                   For steel frame construction, deflection shall not exceed L/240 for roofs with a slope of 3 in 12 or less or L/180 for roofs with a slope of greater that 3 in 12 and for floors.

iii.                  For concrete construction, deflection shall not exceed L180 for roofs or L240 for floors.

2.                  Existing fire alarm, fire suppression and standpipe systems shall not be removed without replacement and shall be maintained in operating condition.  (Fire)

3.                  No work shall be undertaken that diminishes accessibility below that which is required by the Barrier Free Subcode of the BOCA Building Code.  (Building)

(d)               The following codes and practices shall not be used:

1.                  Wood paneling being used as an interior finish not in conformance with Table 2 of Section 7-3.1 of this subcode;  (Building)

2.                  Carpet used for floor covering that fails to meet the DOC FF-1 “Pill Test” (Consumer product Safety Commission 16 CFR 1630);

3.                  Electrical materials/supplies:  Unlisted or unapproved electrical products.  As stated in the National Electrical Code (sections 90-7, 110-2, 110-3, and 100), only electrical products listed, labeled, approved, and identified are acceptable.  Approval is to be based on tests and listings of testing laboratories such as Underwriters Laboratories Inc. (UL), Factory Mutual (FM) or Canadian Standards Association /Nationally Recognized Testing Laboratory (CSA/NRTL), etc; and  (Electrical)

4.                  Plumbing materials and supplies:   (Plumbing)

i.                     All purpose solvent cement;

ii.                   Clear PB (polybutylene) piping;

iii.                  Flexible traps and tailpieces;

iv.                 Sheet and tubular copper and brass trap and tailpiece fittings less than B&S (Brown & Sharpe) 17 gauge (.045 inch); and

v.                   Solder having more than 0.25 lead shall not be used in the repair of potable water systems.

(e)                The following products and practices shall be required, when applicable:

1.                  Replacement glass shall comply with the “Safety Glazing” requirements of the BOCA/1996 Building Code and shall be installed in the “Specific Hazardous Location” as specified by Section 2405.2 of the BOCA/1996 Building Code.  (Building)

2.                  Existing electrical wiring and equipment undergoing repair or replacement shall be allowed to be replaced with like material except for the following:   (Electrical)

i.                     Replacement of electrical receptacles shall comply with the requirements contained in Section 210-7(d) of the NFPA 70 NEC 1996;

ii.                   Plug fuses of the Edison-based type shall be used only for replacements where there is no evidence of over fusing or tampering per Section 240-51(b) of the NFPA 70 NEC 1996;

iii.                  For replacement of non grounding-type receptacles with grounding-type receptacles, the grounding conductor of a grounding type receptacle outlet shall be permitted, in accordance with Section 250-50 of the NFPA 70 NEC 1996, to be grounded to any accessible point on the grounding electrode system as described in Section 250-81 of the NFPA 70 NEC 1996, or to any accessible point on the grounding electrode conductor;

iv.                 Non “hospital grade” receptacles in patient bed locations of health care facilities, Use Group I-2, shall be replaced with “hospital grade” receptacles; and

v.                   Frames of electric ranges, wall-mounted ovens, counter-mounted cooking units, clothes dryers, and outlet or junction boxes that are part of the existing branch circuit for these appliances, except for mobile homes and recreational vehicles, shall be permitted to be grounded to the grounded circuit conductor if all the conditions of Section 250-60 of the NFPA 70 NEC 1996 are met.

3.                  When door hardware is replaced in buildings required by the barrier free subcode to be accessible, replacement hardware shall comply with CABO/ANSI A117.1-1995 Section 4.13.9.  (Building)

4.                  Replacement handrails and guardrails shall comply with Sections 1022.0 and 1021.0 of the BOCA/1996 Building Code, respectively.  Where 50 percent or more of a handrail or guardrail on a flight or on a level is replaced, then this shall be considered a complete replacement and shall comply with the referenced sections of he BOCA/1996 Building Code.  The repair or replacements of less than 50 percent of a handrail or guardrail shall be permitted to match the existing handrail or guardrail.  (Building)

(f)                 In accordance with 1996 BOCA Building Code in building of Use Groups R-3 and R-4 and in dwelling units of Use Group R-2, smoke detectors shall be installed and maintained in each story within the dwelling unit, including basements.   (Fire)

5 – Renovations

(a)                Renovations, as defined in Section 7-3.3, shall comply with the requirements of this section.

(b)               All work shall be done in a workmanlike manner.

(c)                The work shall not cause any diminution of existing structural strength, system capacity or mechanical ventilation below that which exists at he time of application for a permit or that which is required by the applicable subcodes of the BOCA Building Code, whichever is lower. The replacement or addition of fixtures, equipment or appliances shall not increase loads on these systems unless the system is upgraded in accordance with the applicable subcode of the BOCA BUILDING CODE to accommodate the increased load.

1.                  Newly introduced fixed loads shall not exceed the uniformly distributed live loads or concentrated live load criteria of Table 1606 of the BOCA/1996 Building Code and shall not create deflection that exceeds the standards set forth below.  As used in this section, fixed loads shall mean uniform or concentrated loads and shall include, but not be limited to, equipment, files, library stacks, or similar loading conditions.

i.                     For wood frame construction, deflection shall not exceed L/180 for roofs with a slope of 3 in 12 or less or L/120 for roofs with a slope of greater than 3 in 12 and for floors.

ii.                   For steel frame construction, deflection shall not exceed L/240 for roofs with a slope of 3 in 12 or less or L/180 for roofs with a slope of greater than 3 in 12 and for floors.

iii.                  For concrete construction, deflection shall not exceed L/180 for roofs or L/240 for floors.

2.                  Existing fire alarm, fire suppression and standpipe systems shall not be removed without replacement and shall be maintained in operating condition.   (Fire)

3.                  No work shall be undertaken that diminishes accessibility below that which is required by the Barrier Free Subcode of the BOCA Building Code.   (Building)

(d)               The following products and practices shall not be used:

1.                  Wood paneling being used as an interior finish not in conformance with Table 2 of Section 7-3.11 of this subcode;  (Building)

2.                  Carpet used for floor covering that fails to meet the DOC FF-1 “Pill Test” (Consumer Product Safety Commission 16 CFR 1630);

3.                  Electrical materials/supplies:  Unlisted or unapproved electrical products.  As stated in the National Electrical Code (sections 90-7,110-2,110-3 and 100), only electrical products listed, labeled, approved, and identified are acceptable.  Approval is to be based on tests and listings of testing laboratories such as Underwrites Laboratories Inc. (UL), Factory Mutual (FM) or Canadian Standards Association/Nationally Recognized Testing Laboratory (CSA/NRTL), etc; and  (Electrical)

4.                  Plumbing materials and supplies:  (Plumbing)

i.                     All purpose solvent cement;

ii.                   Clear PB (polybutylene) piping;

iii.                  Flexible traps and tailpieces;

iv.                 Sheet and tubular copper and brass trap and tailpiece fittings less than B&S (Brown & Sharpe) 17 gauge (.045 inch); and

v.                   Solder having more than 0.2% lead shall not be used in the repair of potable water systems.

(e)                The following products and practices shall be required, when applicable:

1.                  When any water closet is replaced, the replacement water closet shall require not more than 1.6 gallons of water per flush as required at I.P.C./ 1995.   (Plumbing)

2.                  In buildings required by the barrier free subcode to be accessible, when bathrooms or toilet rooms are renovated, the following requirements for providing accessibility shall apply unless the requirements of he barrier free subcode have been met:

i.                     When toilet partitions are moved or installed, but existing fixtures are not being moved, an accessible stall complying with CABO/ANSI A117.1-1992 Section 4.18 shall be created provided that this can be accomplished without moving fixtures.   (Building)

ii.                   When bathroom fixtures or hardware are replaced, the replacement fixtures or hardware shall comply with CABO/ANSI A117.1-1992 Sections 4.16 through 4.22, as applicable, for nonresidential buildings or Section 4.33 for residential buildings required by the barrier free subcode to be accessible.   (Plumbing)

iii.                  Where full compliance is technically infeasible, compliance shall be achieved to the maximum extent feasible.   (Building)

3.                  Replacement doors shall comply with the following:   (Building)

i.                     When replacement doors are installed in buildings required by the barrier free subcode to be accessible, replacement hardware shall comply with the CABO/ANSI A117.1-1992 Section 4.13.9.

ii.                   Replacement dwelling unit, guest room or rooming unit corridor doors in Use Groups I-1, R-1 or R-2 shall be 1 ¾ inch solid core wood or approved equal with approved door closers and shall not have any glass panels, other that approved wire glass in metal frames.

(1)               In all use groups other than H, 1 3/8 inch solid core replacement doors shall be accepted if the existing frame is not being replaced and will accommodate only a 1 3/8 inch door.

4.                  Replacement glass shall comply with the “Safety Glazing” requirements of the BOCA/1996 Building Code and shall be installed in the “Specific Hazardous Locations” as specified by Section 2405.2 of the BOCA/1996 Building Code.   (Building)

5.                  Where a fireproofing material is removed that is integral to the rating of an existing fire-rated assemble, the material shall be replaced so that the rating is preserved.   (Building)

6.                  Existing electrical wiring and equipment undergoing repair or replacement shall be allowed to be replaced with like material except for the following:

i.                     Replacement of electrical receptacles shall comply with the requirements contained in Section 210-7(d) of the NFPA 70 NEC 1996;

ii.                   Plug fuses of the Edison-base type shall be used only for replacements where there is no evidence of over fusing or tampering per Section240-51(b) of he NFPA 70 NEC 1996;

iii.                  For replacement of non-grounding-type receptacles with grounding-type receptacles, the grounding conductor of a grounding type receptacle outlet shall be permitted, in accordance with Section 250-50 of the NFPA 70 NEC 1996, to be grounded to any accessible point on the grounding electrode system as described in Section 250-81 of the NFPA 70 NEC 1996, or to any accessible point on the grounding electrode conductor;

iv.                 Non “hospital grade” receptacles in patient bed locations of health care facilities, Use Group I-2, shall be replaced with “hospital grade” receptacles; and

v.                   Frames of electric ranges, wall-mounted ovens, counter-mounted cooking units, clothes dryers, and outlet or junction boxes that are part of the existing branch circuit for these appliances, except for mobile homes and recreational vehicles, shall be permitted to be grounded to the grounded circuit conductor if all the conditions of Section 250-60 of the NFPA 70 NEC 1996 are met.

(f)                 In accordance with BOCA/1996 Building Code, in buildings of Use Groups R-3 and R-4 and in dwelling units of use Group R-2, smoke detectors shall be installed and maintained in each story within the dwelling unit, including basements.  Battery-operated units shall be permitted.   (Fire)

(g)                All materials and methods used shall comply with the building, plumbing, fire protection, mechanical, electrical and barrier free subcodes as specified in 7-3.8, Materials and Methods, below.

1.                  Exception:  Windows may be replaced with windows like those existing without meeting the size requirements of the BOCA/1996 Building Code.

i.                     In sleeping rooms below the fourth story in occupancies of Use Groups R or I-1, where the size of window openings is being changed, at least one window shall:

(1)               Be operable;

(2)               Have a sill height of not more than 44 inches;

(3)               Have a width of at least 20 inches, a height of at least 24 inches and a minimum total area of 5.7 square feet measured from head to sill and from side to side.

(4)               New window openings in sleeping rooms shall not be required to meet these requirements in buildings where the sleeping room is provided with a door to a corridor having access to two remote exits or in buildings equipped throughout with an automatic fore suppression system.

ii.                   Basement widows in buildings of Use Group R-2 shall comply with the requirements of Section 7-3.26(a) 3 of this subcode where the window serves as the second means of egress from the dwelling unit.

2.                  Replacement handrails and guardrails shall comply with Sections 1022.0 and 1021.0 of the BOCA/1996 Building Code, respectively.  Where 50 percent or more of a handrail or guardrail on a flight or on a level is replaced, then this shall be considered a complete replacement and shall comply with the referenced sections of the BOCA/1996 Building Code. The repair or replacement of less than 50 percent of a handrail or guardrail shall be permitted to match the existing handrail or guardrail.   (Building)

6 – Alterations

(a)                Alterations, as defined in Section 7-3.3, shall comply with the requirements of this section.

(b)               All work shall be done in a workmanlike manner.

(c)                The work shall not cause any diminution of existing structural strength, system capacity or mechanical ventilation below that which exists at the time of application for a permit or that which is required by the applicable subcodes of the BOCA Building Code, whichever is lower.  The replacement or addition of fixtures, equipment or appliances shall not increase loads on these systems unless the system is upgraded in accordance with the applicable subcode of the BOCA BUILDING CODE to accommodate the increased load.

1.                  Newly introduced fixed loads shall not exceed the uniformly distributed live loads or concentrated live load criteria of Table 1606 of the BOCA/1996 Building Code and shall not create deflection that exceeds the standards set forth below.  As used in this section, fixed loads shall mean uniform or concentrated loads and shall include, but not be limited to, equipment, files, library stacks, or similar loading conditions.   (Building)

i.                     For wood frame construction, deflection shall not exceed L/180 for roofs with a slope of 3 in 12 or less or L/120 for roofs with a slope of greater than 3 in 12 and for floors.

ii.                   For steel frame construction, deflection shall not exceed L/240 for roofs with a slope of 3 in 12 or less or L/180 for roofs with a slope of greater than 3 in 12 and for floors.

iii.                  For concrete construction, deflection shall not exceed L/180 for roofs for L/240 for floors.

2.                  Existing fire alarm, fire suppression and standpipe systems shall not be removed without replacement and shall be maintained in operating condition.   (Fire)

3.                  No work shall be undertaken that diminishes accessibility below that which is required by the Barrier Free Subcode of the BOCA Building Code.   (Building)

(d)               The following products and practices shall not be used:

1.                  Wood paneling being used as an interior finish not in conformance with Table 2 of Section 7-3.11 of this subcode;   (Building)

2.                  Carpet used for floor covering that fails to meet the DOC FF-1 “Pill Test” (consumer Product Safety commission 16 CFR 1630);

3.                  Electrical materials/ supplies:  Unlisted or unapproved electrical products.  As stated in the National Electrical Code (sections 90-7, 110-2, 110-3, and 100), only electrical products listed, labeled, approved, and identified are acceptable.  Approval is to be based on tests and listings of testing laboratories such as Underwriters Laboratories Inc.  (UL), Factory Mutual (FM) or Canadian Standards Association/Nationally Recognized Testing Laboratory (CSA/NRTL), etc; and   (Electrical)

4.                  Plumbing materials and supplies:   (Plumbing)

i.                     All purpose solvent cement;

ii.                   Clear PB (polybutylene) piping;

iii.                  Flexible traps and tailpieces;

iv.                 Sheet and tubular copper and brass trap and tailpiece fittings less than B&S (Brown & Sharpe) 17 gauge (.045 inch); and

v.                   Solder having more than 0.2 % lead shall not be used in the repair of potable water systems.

(e)                The following products and practices shall be required, when applicable:

1.                  When any water closet is replaced, the replacement water closet shall require not more than 1.6 gallons of water per flush as required at Table 605.3 IPC 1995.   (Plumbing)

2.                  In buildings required by the barrier free subcode to be accessible, when bathrooms or toilet rooms are altered, the following requirements for providing accessibility shall apply unless the requirements of the barrier free subcode have been met:

i.                     When toilet partitions are moved or installed, but existing fixtures are not being moved, an accessible stall complying with CABO/ANSI A117.1-1992 Section 4.18 shall be created provided that this can be accomplished without moving fixtures.   (Building)

ii.                   When bathroom fixtures or hardware are replaced, the replacement fixtures or hardware shall comply with CABO/ANSI A117.1-1992 Sections 4.16 through 4.22, as applicable, for nonresidential buildings or Section 4.33 for residential buildings required by the barrier free subcode to be accessible.   (Plumbing)

iii.                  When space is reconfigured, the altered space shall comply with the barrier free subcode. (Chapter 11 BOCA Building Code 1996)

(1)               Where full compliance if technically infeasible, compliance shall be achieved to the maximum extent feasible.

(2)               Where full compliance is technically in feasible, a single fixture unisex accessible bathroom shall be permitted.   (Building)

(3)               Where it is technically infeasible to gain compliance within an altered bathroom, signage to the closest accessible bathroom (if any) shall be provided at the altered bathroom.   (Building)

3.                  Replacement or new doors shall comply with the following:   (Building)

i.                     In buildings required by the barrier free subcode to be accessible, when new door openings are created, existing door openings are enlarged or door assemblies are replaced and the required door width can be achieved within the existing opening, the new door shall comply with CABO/ANSI A117.1-1992 Section 4.13.

(1)               If the door being added, enlarged or replaced is a building entrance and at least 50 percent of the entrance doors are accessible, then the door being added, enlarged or replaced is not required to comply with CABO/ANSI A117.1-1992 Section 4.13.

ii.                   Replacement dwelling unit, guest room or rooming unit corridor doors n Use Groups I-1, R-1 or R-2 shall be 1 ¾ inch solid core wood or approved equal with approved door closers and shall not have any glass panels, other than approved wire glass in metal frames.

(1)               In all use groups other than H, 1 3/8 inch solid core replacement doors shall be accepted if the existing frame is not being replaced and will accommodate only a 1 3/8 inch door.

4.                  In buildings required by the barrier free subcode to be accessible, when entrance steps are being replaced, an accessible entrance shall be provided if this does not add more than 20 percent to the cost of replacing the steps.   (Building)

i.                     If at least 50 percent of the other building entrances are accessible, then the installation of a ramp shall not be required.

5.                  When providing vertical access is part of the scope of work, a limited use limited application elevator or platform lift may be installed as permitted by Chapter 30 BOCA/ 1996   (Building)

6.                  Replacement glass shall comply with the “Safety Glazing” requirements of the BOCA/1996 Building Code and shall be installed in the “Specific Hazardous Locations” as specified by Section 2405.2 of the BOCA/1996 Building Code.   (Building)

7.                  Where a fireproofing material is removed that is integral to the rating of an existing fire-rated assembly, the material shall be replaced so that the rating is preserved.   (Building)

8.                  Existing electrical wiring and equipment undergoing repair or replacement shall be allowed to be replaced with like material except for the following:   (Electrical)

i.                     Replacement of electrical receptacles shall comply with the requirements contained is Section 210-7(d) of the NFPA 70 NEC 1996;

ii.                   Plug fuses of the Edison-base type shall be used only for replacements where there is no evidence of over fusing or tampering per Section 240-51(b) of the NFPA 70 NEC 1996;

iii.                  For replacement of nongrounding-type receptacles with grounding-type receptacles, the grounding conductor of a grounding type receptacle outlet shall be permitted, in accordance with Section 250-50 of the NFPA 70 NEC 1996, to be grounded to any accessible point on the grounding electrode system as described in Section 250-81 of the NFPA 70 NEC 1996, or to any accessible point on the grounding electrode conductor;

iv.                 Non “hospital grade” receptacles in patient bed locations of health care facilities, Use Group I-2, shall be replaced with “hospital grade” receptacles; and

v.                   Frames of electric ranges, wall-mounted ovens, counter-mounted cooking units, clothes dryers, and outlet or junction boxes that are part of the existing branch circuit for these appliances, except for mobile homes and recreational vehicles, shall be permitted to be grounded to the grounded circuit conductor if all the conditions of Section 250-60 of the NFPA 70 NEC 1996 are met.

9.                  In buildings of Use Groups R-3 and R-4 and in dwelling units of Use Group R-2, when the work being performed creates a bedroom, a hard-wired smoke detector shall be installed within each new bedroom and a second, hard-wired smoke detector shall be installed in the immediate vicinity of the bedroom in accordance with NFPA 72.   (Fire)

10.              In buildings of Use Group R-1, in at least on sleeping room or suite of every 25 or fewer that are part of the scope of work, the work performed shall comply with the applicable provisions of CABO/ANSI A117.1 unless the facility already provides the number of accessible sleeping rooms required by the barrier free subcode.  In addition, at least one sleeping room or suite of every 25 or fewer that are part of the scope of work shall be equipped with a visual alarm and notification device for the hearing impaired unless the facility already provides the number required by the barrier free subcode.   (Building)

11.              In buildings of Use Groups R-1 and R-2, when habitable space is created in previously unoccupied space, the minimum clear ceiling height shall be seven feet.  For rooms with a sloped ceiling, the minimum clear ceiling height shall be seven feet for at least 35 square feet of the floor area of the room.  Any portion of the room measuring less than five feet from the finished floor to the finished ceiling shall not be considered usable floor area.

(f)                 In accordance with B.O.C.A. NFPC/1996 and P.M.-705.5 et seq., in buildings of Use Groups R-3 and R-4 and in dwelling units of Use Group R-2, smoke detectors shall be installed and maintained in each story within the dwelling unit, including basements.  Battery-operated units shall be permitted.   (Fire, Building)

(g)                The work shall not make the building less conforming with the Basic Requirements of this subchapter than it was when the alteration was undertaken.

1.                  Where the building currently exceeds the basic requirements, the extent to which it exceeds shall not be reduced unless the building also exceeds the requirements of the corresponding subcode of he BOCA BUILDING CODE.  In this case, the extent of compliance with the basic requirements may be reduced, but not below the requirements of the corresponding subcode of the BOCA NATIONAL BUILDING CODE/ 1996.

(h)                All materials and methods used shall comply with the requirements specified in 7-3.8, Materials and Methods.

1.                  Exception:  Windows may be replaced with windows like those existing without meeting the size requirements of the BOCA/1996 Building Code.

i.                     In sleeping rooms below the fourth story in occupancies of Use Groups R or I-1, where new window openings are being created or the size of window openings is being changed, at least one window shall:

(1)               Be operable;

(2)               Have a sill height of not more than 44 inches;

(3)               Have a width of at least 20 inches, a height of at least 24 inches and a minimum total area of 5.7 square feet measured from head to sill and from side to side.

(4)               New window openings in sleeping rooms shall not be required to meet these requirements in buildings where the sleeping room is provided with a door to a corridor having access to two remote exits or in buildings equipped throughout with an automatic fire suppression system.

ii.                   Basement windows in buildings of Use Group R-2 shall comply with the requirements of Section 7-3.26(a) of this subcode where the window serves as the second means of egress from the dwelling unit.

2.                  Replacement handrails and guardrails shall comply with Sections 1022.0 and 1021.0 of the BOCA/1996 Building Code, respectively.  Where 50 percent or more of a handrail or guardrail on a flight or on a level is replaced, then this shall be considered a complete replacement and shall comply with the referenced sections of the BOCA/1996 Building Code.  The repair or replacement of less than 50 percent of a handrail or guardrail shall be permitted to match the existing handrail or guardrail.

(i)                  All new building elements, as listed in Section 7-3.9 of this subcode, shall comply with the requirements of that section.

(j)                 In a building required by the barrier free subcode to be accessible, where the space altered is a primary function space, an accessible path of travel to the altered space shall be provided up to the point at which the cost of providing accessibility is disproportionate to the cost of the overall alteration project; a cost is disproportionate if it exceeds 20% of the cost of the alteration work.   (Building)

1.                  The accessible path of travel shall include, but not be limited to, an accessible parking space, an accessible exterior route, an accessible building entrance, and an accessible interior route to the altered area, accessible restrooms, accessible drinking fountains, and accessible telephones serving the altered primary function space.  Priority shall be given to providing an accessible entrance or accessible restrooms where possible.

2.                  In determining disproportionate cost, the following materials may be deducted from the overall cost of the project:

i.                     Windows, hardware, operating controls, electrical outlet and signage;

ii.                   Mechanical systems, electrical systems, installations or alteration of fire protection systems or abatement of hazardous materials; or

iii.                  The repair or installation of roofing, siding, or other exterior wall façade.

3.                  Where the work consists solely of the alteration of materials or systems listed in 2. above, the path of travel requirements shall not apply.

4.                  Where the alteration work is for the primary purpose of increasing the accessibility of the building or tenancy, the requirement to further improve the path of travel shall not apply.

5.                  Where it is technically infeasible to comply with the technical standards in the barrier free subcode, the work must comply to the maximum extent feasible.

7 – Reconstruction

(a)                Reconstruction, as defined in Section 7-3.3, shall comply with requirements of this section.

1.                  If a project is less than the entire use, primary function space or tenancy by a de minimus amount, the construction official may designate the project a reconstruction project and require that the requirements of this section be met.

2.                  If work performed or to be performed in phases is so extensive that the project would require a new certificate of occupancy if the work were performed at one time, the construction official may designate the project a reconstruction project and require that the requirements of this section be met.

(b)               All work shall be done in a workmanlike manner.

(c)                The work shall not cause any diminution of existing structural strength, system capacity or mechanical ventilation below that which exists at the time of application for a permit or that which is required by the applicable subcodes of the BOCA Building Code, whichever is lower.  The replacement or addition of fixtures, equipment or appliances shall not increase loads on these systems unless the system is upgraded in accordance with the applicable subcode of the BOCA Building Code to accommodate the increased load.

1.                  Newly introduced fixed loads shall not exceed the uniformly distributed live loads or concentrated live load criteria of Table 1606 of the BOCA/1996 Building Code and shall not create deflection that exceeds the standards set forth below.  As use n this section, fixed loads shall mean uniform or concentrated loads and shall include, but not be limited to, equipment, files, library stacks, or similar loading conditions.   (Building)

i.                     For wood frame construction, deflection shall not exceed L/180 for roofs with a slope of 3 in 12 or less or L/120 for roofs with a slope of greater than 3 in 12 and for floors.

ii.                   For steel frame construction, deflection shall not exceed L/240 for roofs with a slope of 3 in 12 or less or L/180 for roofs with a slope of greater than 3 in 12 and for floors.

iii.                  For concrete construction, deflection shall not exceed L/180 for roofs or L/240 for floors.

2.                  Existing fire alarm, fire suppression and standpipe systems shall not be removed without replacement and shall be maintained in operating condition.   (Fire)

3.                  No work shall be undertaken that diminishes accessibility below that which is required by the Barrier Free Subcode of the BOCA Building Code.   (Building)

(d)               The following products and practices shall not be used:

1.                  Carpet used for floor covering that fails to meet the DOC FF-1 “Pill Test” (Consumer Product Safety Commission 16 CFR 1630);

2.                  Electrical materials/supplies:  Unlisted or unapproved electrical products.  As stated in the National Electric Code (sections 90-7,110-2, 110-3 and 100), only electrical products listed, labeled, approved, and identified are acceptable.  Approval is to be based on tests and listings of testing laboratories such as Underwriters Laboratories Inc. (UL), Factory Mutual (FM) or Canadian Standards Association/Nationally Recognized Testing Laboratory (CSA/NRTL), etc; and  (Electrical)

3.                  Plumbing materials and supplies:  (Plumbing)

i.                     All purpose solvent cement;

ii.                   Clear PB (polybutylene) piping;

iii.                  Flexible traps and tailpieces;

iv.                 Sheet and tubular copper and brass trap and tailpiece fittings less than B&S (Brown & Sharpe) 17 gauge (.045 inch); and

v.                   Solder having more than 0.2% lead shall not be used in the repair of potable water systems.

(e)                The following products and practices shall be required, when applicable:

1.                  When any water closet is replaced, the replacement water closet shall require not more than 1.6 gallons of water per flush as required at Table 605.3 IPC 1995.   (Plumbing)

2.                  In buildings required by the barrier free subcode to be accessible, when bathrooms or toilet rooms are reconstructed, the following requirements for providing accessibility shall apply unless the requirements of the barrier free subcode have been met:

i.                     When toilet partitions are moved or installed, but existing fixtures are not being moved, an accessible stall complying with CABO/ANSI A117.1-1992 Section 4.18 shall be created provided that this can be accomplished without moving fixtures.   (Building)

ii.                   When bathroom fixtures or hardware are replaced, the replacement fixtures or hardware shall comply with CABO/ANSI A117.1-1995 Sections 4.16 through 4.22, as applicable, for nonresidential buildings or Section 4.33 for residential buildings required by the barrier free subcode to be accessible.

iii.                  When space is reconfigured, the space shall comply with the barrier free subcode.  (Chapter 11 BOCA 1996)  

(1)               Where full compliance is technically infeasible, compliance shall be    achieved to the maximum extent feasible.

(2)               Where full compliance is technically infeasible, a single fixture unisex accessible bathroom shall be permitted.   (Building)        

(3)               Where it is technically infeasible to gain compliance within a reconstructed bathroom, signage to the closest accessible bathroom (if any) shall be provided at the reconstructed bathroom.   (Building)

3.                  Replacement or new doors shall comply with the following:   (Building)       

i.                     In buildings required by the barrier free subcode to be accessible, when new door openings are created, existing door openings are enlarged or door assemblies are replaced and the required door width can be achieved within the existing opening, the new door shall comply with CABO/ANSI A117.1-1992 Section 4.13.

(1)               If the door being added, enlarged or replaced is a building entrance and at least 50 percent of the entrance doors are accessible, then the door being added, enlarged or replaced is not required to be accessible.

ii.                   Replacement dwelling unit, guest room or rooming unit corridor doors in Use Groups I-1, R-1 or R-2 shall be 1 ¾ inch solid core wood or approved equal with approved door closers and shall not have nay glass panels, other than approved wire glass in metal frames.

(1)               In all use other than H, 1 3/8 inch solid core replacement doors shall be accepted if the existing frame is not being replaced and will accommodate only a 1 3/8 inch door.

4.                  In buildings required by the barrier free subcode to be accessible, when entrance steps are being replaced, a ramp shall be installed provided that the installation of a ramp does not add more than 20 percent to the cost of replacing the steps.

i.                     If at least 50 percent of the other building entrances are accessible, then the installation of a ramp shall not be required.

5.                  When providing vertical access is part of the scope of work, a limited use limited application elevator or platform lift may be installed as permitted by Chapter 30 BOCA and listed Referenced Standards   (Building)

6.                  Replacement glass shall comply with the “Safety Glazing” requirements of the BOCA/1996 Building Code and shall be installed in the “Specific Hazardous Locations” as specified by Section 2405.2 of the BOCA/1996 Building Code.   (Building)

7.                  Where a fireproofing material is removed that is integral to the rating of an existing fire-rated assembly, the material shall be replaced so that the rating is preserved.   (Building)

8.                  Existing electrical wiring and equipment undergoing repair or replacement shall be allowed to be replaced with like material except for the following:   (Electrical)

i.                     Replacement of electrical receptacles shall comply with the requirements contained in Section 210-7(d) of the NFPA 70 NEC 1996;

ii.                   Plug fuses of the Edison–base type shall be used only for replacements where there is no evidence of over fusing or tampering per Section 240-51(b) of the NFPA 70 NEC 1996;

iii.                  For replacement of nongrounding-type receptacles with grounding-type receptacles, the grounding conductor of a grounding type receptacle outlet shall be permitted, in accordance with Section 250-50 of the NFPA 70 NEC 1996, to be grounded to any accessible point on the grounding electrode system as described in Section 250-81 of the NFPA 70 NEC 1996, or to any accessible point on the grounding electrode conductor;

iv.                 Non “hospital grade” receptacles in patient bed locations of health care facilities, Use Group I-2, shall be replaced with “hospital grade” receptacles; and

v.                   Frames of electric ranges, wall-mounted ovens, counter-mounted cooking units, clothes dryers, and outlet or junction boxes that are part of the existing branch circuit for these appliances, except for mobile homes and recreational vehicles, shall be permitted to be grounded to the grounded circuit conductor id all the conditions of Section 250-60 of the NFPA 70 NEC 1996 are met.

9.                  In buildings of Use Groups R-1 and R-2, when habitable space is created in previously unoccupied space, the minimum blear ceiling height shall be seven feet.

(f)                 All materials and methods used shall comply with the requirements specified in 7-3.8, Materials and Methods.

1.                  For repair work undertaken as part of a reconstruction project, materials like those existing may be used.  There is not limit to the amount of repair work, which may be undertaken.

2.                  Exception:   Windows may be replaced with windows like those existing without meeting the size requirements of the BOCA/1996 Building Code.

i.                     In sleeping rooms below the fourth story in occupancies of Use Groups R or I-1, where new window openings are being created or the size of window openings is being changed, at least one window shall:

(1)               Be operable;

(2)               Have a sill height of not more than 44 inches;

(3)               Have a width of at least 20 inches, a height of at least 24 inches and a minimum total area of 5.7 square feet measured from head to sill and from side to side.

(4)               New window openings in sleeping rooms shall not be required to meet these requirements in buildings where the sleeping room is provided with a door to a corridor having access to two remote exits or in buildings equipped throughout with an automatic fire suppression system.

ii.                   Basement windows in buildings of Use Group R-2 shall comply with the requirements of Section 7-3.26 (a) 3 of this subcode where the window serves as the second means of egress from the dwelling unit.

3.                  Replacement handrails and guardrails shall comply with Section 1022.0 and 1021.0 of the BOCA/1996 Building Code, respectively.  Where 50 percent or more of a handrail or guardrail on a flight or on a level is replaced, then this shall be considered a complete replacement and shall comply with the referenced sections of the BOCA/1996 Building Code.  The repair or replacement of less than 50 percent of a handrail or guardrail shall be permitted to match the existing handrail or guardrail.   (Building)

(g)                All new building elements, as listed in Section 7-3.9 of this subcode, shall comply with the requirements of that section.

(h)                The Basic Requirements of this subchapter for the application use group shall be met within the work area(s).  Attendant work outside the work areas(s) shall not make the building less conforming with the Basic Requirement than it was when the reconstruction was undertaken.

1.                  Where the building currently exceeds the basic requirements, the extent to which it exceeds shall not be reduced unless the building also exceeds the requirements of the corresponding subcode of the BOCA NATIONAL BUILDING CODE/ 1996.  In this case, the extent of compliance with the basic requirements may be reduced, but not below the requirements of the corresponding subcode of the BOCA NATIONAL BUILDING CODE/ 1996.  Existing fire alarm, fire suppression and standpipe systems shall not be removed with out replacement and shall be maintained in operating condition.

(i)                  The supplemental Requirements of this subchapter for the applicable use group shall be met whenever the extent of the work is such that the trigger accompanying each requirement is met or exceeded.

(j)                 In a building required by the barrier free subcode to be accessible, where the space reconstructed is a primary function space, an accessible path of travel to the space shall be provided up to the point at which the cost of providing accessibility is disproportionate to the cost of the overall project; a cost is disproportionate if it exceeds 20% of the cost of the work.   (Building)

1.                  The accessible path of travel shall include, but not be limited to, an accessible parking space, an accessible exterior route, an accessible building entrance, and an accessible interior route to the reconstructed area, accessible restrooms, accessible drinking fountains and accessible telephones serving the reconstructed primary function space.  Priority shall be given to providing an accessible entrance or accessible restrooms where possible.

2.                  In determining disproportionate cost, the following materials may be deducted from the overall cost of the project:

i.                     Windows, hardware, operating controls, electrical outlets and signage;

ii.                   Mechanical systems, electrical systems, installations or alteration of fire protection systems or abatement of hazardous materials; or

iii.                  The repair or installation of roofing, siding or other exterior wall façade.

3.                  Where the work consists solely of the reconstruction of materials or systems listed in 2, above, the path to travel requirements shall not apply.

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