International Residential Code Appendix “J” Commentary With

Massachusetts Amendments and CDHA Consulting Commentary Provided as Reference Material for the May 29, 2014 MBCIA Meeting

Text contained within a single rectangle is the text of 780 CMR amendments to Appendix J

Text contained within two rectangles and italic is CDHA Consulting commentary

This document has been prepared for, and distributed to members of the Massachusetts Building Commissioners and Inspectors Association (MBCIA) as a courtesy, and as reference material for the seminar given on May 29, 2014. CDHA Consulting is not offering this document for commercial sale. Do not duplicate or further distribute this document. Opinions expressed by CDHA Consulting in this document do not represent those of the International Code Council.

101.1 General: In order to apply appendix J, the existing building must be within the scope ofthe IRC. Per section 101.2 of the IRC buildings meeting the following criteria are within thescope of the IRC:- Detached single and two-family dwellings.- Townhouses.- Accessory structures.

With- Maximum height of 3 stories above grade plane.- Independent means of egress.There are also certain non-traditional residential occupancies that are within the scope of theIRC. A list is provided at the end of this document."Features of existing construction which do not meet the requirements of this code for newconstruction shall be presumed to have met the regulations, codes, or laws in effect at the timeof construction or alteration and, if so, shall be deemed to be existing nonconforming."If a previous building permit was issued for the building, it is likely that the building complieswith the regulations, codes, or laws in effect at the time of its original construction or previousalteration. If the building was constructed after the date of the adoption of a residentialbuilding code in the municipality, and there was no previous building permit issued, thebuilding is not considered "legally existing". Per the ICC commentary to IRC section 102.7 thebuilding is required to be brought into full compliance with the regulations, codes, or laws ineffect at the time of its original construction.

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applicable Specialized Codes.

101.1 Appendix J assumes that there will be no design professional associated with the project.The building official assumes responsibility for determining unsafe or dangerous conditions.Any new building system or portion thereof "shall conform to 780 CMR for new construction "tothe fullest extent practicable". Appendix J stops short or requiring full compliance with therequirements of the code applicable to new construction. However, the term"practicable" (meaning possible or feasible) requires greater compliance than the similar term"practical".

101.3 It is important to be aware of thesesimple rules for determining the category ofwork that is applicable when multiple categoriesapply to the same project.

102.2 Alterations are required to comply withboth section 501 "Alterations" and 401"Renovations". Reconstruction is required tocomply with sections 601 "Reconstruction",501 "Alterations", and 401 "Renovations".

102.3 Be careful to read all paragraphs of this section. The first paragraph indicatesthat adding one or more sleeping rooms to a dwelling requires that smoke, heat, andcarbon monoxide detection and alarms be added throughout the dwelling. The firstparagraph is intended to require detection and alarms when one or more sleepingrooms are added in a single family dwelling. The second paragraph clarifies therequirements for two-family dwellings. Based on IRC section 315.4 the requirementsapplicable to two family dwellings are also applicable to townhouses (adding asleeping room in one townhouse dwelling unit only impacts that one unit, not the entirebuilding).

102.11: Latent: Hidden or concealed conditions. This section emphasizes appendix J'sassumption that there is no design professional involved in the project. The roles of theconstruction supervisor, owner, and building official in identifying unsafe, or dangerouslatent conditions are clarified here.

103.1 Though this section appears to indicate that the preliminary meeting is requested by thepermit applicant, it is clear that the preliminary meeting is a valuable tool for the building official. Itseems reasonable for either the applicant or the building official to request a preliminary meeting.

104.1 The building official's authority torequire evaluation of the existing building isstrictly limited to "irregular buildings"undergoing "extensive reconstruction".

105.1 and 201 "Work Area": The definition of"work area" is different in appendix J than inthe IEBC. The work area includes all areasundergoing renovation, alteration, orreconstruction (not applicable to repairs). Incomparison: The IEBC limits the work areaas those portions of the building undergoing areconfiguration of space.Properly defining the extent of the work areais especially important when applying section101.3 in combination with sections 401through 601. If multiple phases of work arepermitted for the same work area (or portionof work area) within a 12 month period, theyare considered one project, and the moststringent category of work applies. A seriesof smaller renovation or alteration projects,when combined, could trigger requirementsfor compliance with the requirementsapplicable to reconstruction.

"Dangerous": Note that the term "dangerous"has a specific definition in appendix J.

"Materials and methods": When appendix Jrequires compliance with "materials andmethods requirements" it is important tonote that fire resistance, flame spread,acoustic, and thermal performance are allexcluded from materials and methodsrequirements.

"Rehabilitation": The general term used byappendix J to refer to construction work inexisting buildings. The terms "renovation" and"alteration" have specific definitions inappendix J.

301.1 See IRC chapter 1 for requirementsapplicable to "ordinary repairs" (no permitrequired), "emergency repairs" and"substantial repairs to existing foundations".

301.1 and 201.1 "Repairs": Note that appendixJ's definition of "repairs" differs from "ordinaryrepairs" as defined in IRC chapter 2.

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601.2 requires existing and new finishes tocomply with 302.9 throughout the workarea.

Non-traditional Residential Occupancies Subject to the IRC and Appendix JLive / work units: Per IRC section 101.2.DDS facilities: Massachusetts Department of Developmental Services facilities Per IBC (MA amendment)section 101.2.IBC Group R4 occupancies protected throughout with a sprinkler system (serving not more than 16occupants) See IBC section 310.IBC Group I1 occupancies with 5 or fewer occupants: See IBC section 308.2.Child care occupancies: Per IBC sections 310.1 and 310.2.