Building Code Board of Appeals Minutes 2017 05 25

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Building Code Board of Appeals Meeting Minutes May 25, 2017 Page3of5 Chapter 1 of the International Residential Code states in section 102.7.1, "Alterations to any structure shall conform to the requirements for a new structure without requiring the existing structure to comply with all of the requirements of this code, unless otherwise stated. Alterations shall not cause an existing structure to become unsafe or adversely affect the performance of the building." He said that it was brought to staff's attention that the stairs remain as originally installed and the basement was previously finished with the existing stairs in place with the existing headroom, thus meeting the intent of this code section. Further, code evidence of the stairs complying as existing is provided in Chapter 34 section 3404.1 of the International Building Code. This section is often overlooked when dealing with residential single family which is typically regulated just out of the IRC. However, section 3401.3 of the IBC states, "Alterations ...to existing buildings and structures shall comply with the provisions for alterations in the International Residential Code...." This charging statement made it apparent that the provisions for existing buildings does apply to IRC regulated buildings and thus single family dwellings. With that information, we can apply section 3404.1 of the IBC stating; "....Alterations shall be such that the existing building or structure is no less complying with the provisions of this code than the existing building or structure prior to the alteration. Exceptions: 1. An existing stairway shall not be required to comply with the requirements of section 1009 (Of the IBC) where the existing space does not allow a reduction in pitch or slope." Section 1009 of the IBC regulates stairways including rise and run (pitch and slope) and tied to that is headroom. Without modifying the pitch and slope of the stairway one cannot modify the headroom. In this particular case it is not feasible to modify the ceiling above the stairs at the bottom of the stairs to gain headroom, and there is no room to modify the stair rise or run. In fact, doing so would cause the stairway to be less compliant and more hazardous due to an abnormally tall rise and short run. As such the stair as it exists meets the letter and intent of this code section without modification. Clayton recommended that the previous decision to uphold the 6'-6" headroom provisions should be reversed. Questions from Board to Staff.• Geise asked why individuals cannot find what the code stated when the house was built. Clayton said that an individual would first have to go back to the official records of the jurisdiction and find what the adopted code was when the permit was issued. Then look for any amendments for that code. Clayton mentioned that the code said if one is incapable of changing the rise and run, the homeowner does not have to.