ADOPTS WITH AMENDMENTS:

International Existing Building Code 2018 (IEBC 2018)

Heads up: There are no amended sections in this chapter.
Repairs shall comply with the requirements of Chapter 4.

The alteration, addition or change of occupancy of all existing buildings shall comply with one of the methods listed in Section 301.3.1, 301.3.2 or 301.3.3 as selected by the applicant. Sections 301.3.1 through 301.3.3 shall not be applied in combination with each other.

Exception: Subject to the approval of the building official, alterations complying with the laws in existence at the time the building or the affected portion of the building was built shall be considered in compliance with the provisions of this code. New structural members added as part of the alteration shall comply with the Building Code of New York State. This exception shall not apply to alterations that constitute substantial improvement in flood hazard areas, which shall comply with Section 503.2, 701.3 or 1301.3.3. This exception shall not apply to the structural provisions of Chapter 5 or to the structural provisions of Sections 706, 806 and 906.

Alterations, additions and changes of occupancy complying with Chapter 5 of this code in buildings complying with the Fire Code of New York State shall be considered in compliance with the provisions of this code.
Alterations, additions and changes of occupancy complying with the applicable requirements of Chapters 6 through 12 of this code shall be considered in compliance with the provisions of this code.
Alterations, additions and changes of occupancy complying with Chapter 13 of this code shall be considered in compliance with the provisions of this code.
Relocated buildings shall comply with the requirements of Chapter 14.
Accessibility requirements for existing buildings shall comply with the 2009 edition of ICC A117.1.
The provisions of Section 302 apply to all alterations, repairs, additions, relocations of structures and changes of occupancy regardless of compliance method.
The building official shall have the authority to require the elimination of conditions deemed dangerous.
Alterations, repairs, additions and changes of occupancy to, or relocation of, existing buildings and structures shall comply with the provisions for alterations, repairs, additions and changes of occupancy or relocation, respectively, in this code and the Energy Conservation Construction Code of New York State, Fire Code of New York State, Fuel Gas Code of New York State, Mechanical Code of New York State, Plumbing Code of New York State, Property Maintenance Code of New York State, Residential Code of New York State and NFPA 70. Where provisions of the other codes conflict with provisions of this code, the provisions of this code shall take precedence.
Materials already in use in a building in compliance with requirements or approvals in effect at the time of their erection or installation shall be permitted to remain in use unless determined by the building official to be unsafe.
Except as otherwise required or permitted by this code, materials permitted by the applicable code for new construction shall be used. Like materials shall be permitted for repairs and alterations, provided that unsafe conditions are not created. Hazardous materials shall not be used where the code for new construction would not permit their use in buildings of similar occupancy, purpose and location.

New structural members and connections shall comply with the detailing provisions of the Building Code of New York State for new buildings of similar structure, purpose and location.

Exception: Where alternative design criteria are specifically permitted.

Where determining the appropriate application of the referenced sections of this code, the occupancy and use of a building shall be determined in accordance with Chapter 3 of the Building Code of New York State.
Where an addition or alteration does not result in increased design live load, existing gravity load-carrying structural elements shall be permitted to be evaluated and designed for live loads approved prior to the addition or alteration. If the approved live load is less than that required by Section 1607 of the Building Code of New York State, the area designated for the nonconforming live load shall be posted with placards of approved design indicating the approved live load. Where the addition or alteration results in increased design live load, the live load required by Section 1607 of the Building Code of New York State shall be used.
Where an alteration or addition changes the potential snow drift effects on an adjacent building, the building official is authorized to enforce Section 7.12 of ASCE 7.
Where required, seismic evaluation or design shall be based on the procedures and criteria in this section, regardless of which compliance method is used.

Where compliance requires the use of full seismic forces, the criteria shall be in accordance with one of the following:

  1. One-hundred percent of the values in the Building Code of New York State. Where the existing seismic force-resisting system is a type that can be designated as "Ordinary," values of R, Ω0 and Cd used for analysis in accordance with Chapter 16 of the Building Code of New York State shall be those specified for structural systems classified as "Ordinary" in accordance with Table 12.2-1 of ASCE 7, unless it can be demonstrated that the structural system will provide performance equivalent to that of a "Detailed," "Intermediate" or "Special" system.
  2. ASCE 41, using a Tier 3 procedure and the two-level performance objective in Table 303.3.1 for the applicable risk category.

TABLE 303.3.1

PERFORMANCE OBJECTIVES FOR USE IN ASCE 41 FOR COMPLIANCE WITH FULL SEISMIC FORCES

RISK CATEGORY
(Based on BCNYS Table 1604.5)
STRUCTURAL PERFORMANCE LEVEL FOR USE
WITH BSE-1N EARTHQUAKE HAZARD LEVEL
STRUCTURAL PERFORMANCE LEVEL FOR USE
WITH BSE-2N EARTHQUAKE HAZARD LEVEL
I Life Safety (S-3) Collapse Prevention (S-5)
II Life Safety (S-3) Collapse Prevention (S-5)
III Damage Control (S-2) Limited Safety (S-4)
IV Immediate Occupancy (S-1) Life Safety (S-3)

Where seismic evaluation and design is permitted to use reduced seismic forces, the criteria used shall be in accordance with one of the following:

  1. The Building Code of New York State using 75 percent of the prescribed forces. Values of R, Ω0 and Cd used for analysis shall be as specified in Section 303.3.1 of this code.
  2. Structures or portions of structures that comply with the requirements of the applicable chapter in Appendix A as specified in Items 2.1 through 2.4 and subject to the limitations of the respective Appendix A chapters shall be deemed to comply with this section.

    1. 2.1. The seismic evaluation and design of unreinforced masonry bearing wall buildings in Risk Category I or II are permitted to be based on the procedures specified in Appendix Chapter A1.
    2. 2.2. Seismic evaluation and design of the wall anchorage system in reinforced concrete and reinforced masonry wall buildings with flexible diaphragms in Risk Category I or II are permitted to be based on the procedures specified in Chapter A2.
    3. 2.3. Seismic evaluation and design of cripple walls and sill plate anchorage in residential buildings of light-frame wood construction in Risk Category I or II are permitted to be based on the procedures specified in Chapter A3.
    4. 2.4. Seismic evaluation and design of soft, weak, or open-front wall conditions in multiple-unit residential buildings of wood construction in Risk Category I or II are permitted to be based on the procedures specified in Chapter A4.
  3. ASCE 41, using the performance objective in Table 303.3.2 for the applicable risk category.

TABLE 303.3.2

PERFORMANCE OBJECTIVES FOR USE IN ASCE 41 FOR COMPLIANCE WITH REDUCED SEISMIC FORCES

RISK CATEGORY
(Based on BCNYS Table 1604.5)
STRUCTURAL PERFORMANCE LEVEL FOR USE
WITH BSE-1E EARTHQUAKE HAZARD LEVEL
STRUCTURAL PERFORMANCE LEVEL FOR USE
WITH BSE-2E EARTHQUAKE HAZARD LEVEL
I Life Safety (S-3). See Note a Collapse Prevention (S-5)
II Life Safety (S-3). See Note a Collapse Prevention (S-5)
III Damage Control (S-2). See Note a Limited Safety (S-4). See Note b
IV Immediate Occupancy (S-1) Life Safety (S-3). See Note c
  1. For Risk Categories I, II and III, the Tier 1 and Tier 2 procedures need not be considered for the BSE-1E earthquake hazard level.
  2. For Risk Category III, the Tier 1 screening checklists shall be based on the Collapse Prevention, except that checklist statements using the Quick Check provisions shall be based on MS-factors that are the average of the values for Collapse Prevention and Life Safety.
  3. For Risk Category IV, the Tier 1 screening checklists shall be based on Collapse Prevention, except that checklist statements using the Quick Check provisions shall be based on MS-factors for Life Safety.
Where used, in-situ load tests shall be conducted in accordance with Section 1708 of the Building Code of New York State.
The provisions of Sections 305.1 through 305.9 apply to maintenance, change of occupancy, additions and alterations to existing buildings, including those identified as historic buildings.
A facility that is constructed or altered to be accessible shall be maintained accessible during occupancy.
An alteration of an existing facility shall not impose a requirement for greater accessibility than that which would be required for new construction. Alterations shall not reduce or have the effect of reducing accessibility of a facility or portion of a facility.

Existing buildings that undergo a change of group or occupancy shall comply with this section.

Exception: Type B dwelling or sleeping units required by Section 1107 of the Building Code of New York State are not required to be provided in existing buildings and facilities undergoing a change of occupancy in conjunction with alterations where the work area is 50 percent or less of the aggregate area of the building.

Where a portion of the building is changed to a new occupancy classification, any alterations shall comply with Sections 305.6, 305.7 and 305.8.

Where an entire building undergoes a change of occupancy, it shall comply with Section 305.4.1 and shall have all of the following accessible features:

  1. Not fewer than one accessible building entrance.
  2. Not fewer than one accessible route from an accessible building entrance to primary function areas.
  3. Signage complying with Section 1111 of the Building Code of New York State.
  4. Accessible parking, where parking is being provided.
  5. Not fewer than one accessible passenger loading zone, where loading zones are provided.
  6. Not fewer than one accessible route connecting accessible parking and accessible passenger loading zones to an accessible entrance.

Where it is technically infeasible to comply with the new construction standards for any of these requirements for a change of group or occupancy, Items 1 through 6 shall conform to the requirements to the maximum extent technically feasible.

Exception: The accessible features listed in Items 1 through 6 are not required for an accessible route to Type B units.

Provisions for new construction shall apply to additions. An addition that affects the accessibility to, or contains an area of, a primary function shall comply with the requirements in Section 305.7.

A facility that is altered shall comply with the applicable provisions in Chapter 11 of the Building Code of New York State, unless technically infeasible. Where compliance with this section is technically infeasible, the alteration shall provide access to the maximum extent technically feasible.

Exceptions:

  1. The altered element or space is not required to be on an accessible route, unless required by Section 305.7.
  2. Accessible means of egress required by Chapter 10 of the Building Code of New York State are not required to be provided in existing facilities.
  3. The alteration to Type A individually owned dwelling units within a Group R-2 occupancy shall be permitted to meet the provision for a Type B dwelling unit.
  4. Type B dwelling or sleeping units required by Section 1107 of the Building Code of New York State are not required to be provided in existing buildings and facilities undergoing alterations where the work area is 50 percent or less of the aggregate area of the building.

Where an alteration affects the accessibility to, or contains an area of primary function, the route to the primary function area shall be accessible. The accessible route to the primary function area shall include toilet facilities and drinking fountains serving the area of primary function.

Exceptions:

  1. The costs of providing the accessible route are not required to exceed 20 percent of the costs of the alterations affecting the area of primary function.
  2. This provision does not apply to alterations limited solely to windows, hardware, operating controls, electrical outlets and signs.
  3. This provision does not apply to alterations limited solely to mechanical systems, electrical systems, installation or alteration of fire protection systems and abatement of hazardous materials.
  4. This provision does not apply to alterations undertaken for the primary purpose of increasing the accessibility of a facility.
  5. This provision does not apply to altered areas limited to Type B dwelling and sleeping units.
The provisions of Sections 305.8.1 through 305.8.15 shall apply to alterations to existing buildings and facilities.
Where an alteration includes alterations to an entrance that is not accessible, and the facility has an accessible entrance, the altered entrance is not required to be accessible unless required by Section 305.7. Signs complying with Section 1111 of the Building Code of New York State shall be provided.
Altered elements of existing elevators shall comply with ASME A17.1 and ICC A117.1. Such elements shall also be altered in elevators programmed to respond to the same hall call control as the altered elevator.
Platform (wheelchair) lifts complying with ICC A117.1 and installed in accordance with ASME A18.1 shall be permitted as a component of an accessible route.
Where an escalator or stairway is added where none existed previously and major structural modifications are necessary for installation, an accessible route shall be provided between the levels served by the escalator or stairways in accordance with Section 1104.4 of the Building Code of New York State.

Where slopes steeper than allowed by Section 1012.2 of the Building Code of New York State are necessitated by space limitations, the slope of ramps in or providing access to existing facilities shall comply with Table 305.8.5.

TABLE 305.8.5

RAMPS

SLOPE MAXIMUM RISE
Steeper than 1:10 but not steeper than 1:8 3 inches
Steeper than 1:12 but not steeper than 1:10 6 inches

For SI: 1 inch = 25.4 mm.

Where Group I-1, I-2, I-3, R-1, R-2 or R-4 dwelling or sleeping units are being altered or added, the requirements of Section 1107 of the Building Code of New York State for Accessible units apply only to the quantity of spaces being altered or added.
Where more than 20 Group R-2 dwelling or sleeping units are being altered or added, the requirements of Section 1107 of the Building Code of New York State for Type A units apply only to the quantity of the spaces being altered or added.
Where four or more Group I-1, I-2, R-1, R-2, R-3 or R-4 dwelling or sleeping units are being added, the requirements of Section 1107 of the Building Code of New York State for Type B units apply only to the quantity of the spaces being added. Where Group I-1, I-2, R-1, R-2, R-3 or R-4 dwelling or sleeping units are being altered and where the work area is greater than 50 percent of the aggregate area of the building, the requirements of Section 1107 of the Building Code of New York State for Type B units apply only to the quantity of the spaces being altered.
In alterations, accessible wheelchair spaces are not required to be located within the defined area of raised jury boxes or witness stands and shall be permitted to be located outside these spaces where the ramp or lift access restricts or projects into the required means of egress.
Where it is technically infeasible to alter existing toilet and bathing rooms to be accessible, an accessible family or assisted-use toilet or bathing room constructed in accordance with Section 1109.2.1 of the Building Code of New York State is permitted. The family or assisted-use toilet or bathing room shall be located on the same floor and in the same area as the existing toilet or bathing rooms. At the inaccessible toilet and bathing rooms, directional signs indicating the location of the nearest family or assisted-use toilet room or bathing room shall be provided. These directional signs shall include the International Symbol of Accessibility and sign characters shall meet the visual character requirements in accordance with ICC A117.1.
In assembly and mercantile occupancies, where additional toilet fixtures are added, not fewer than one accessible family or assisted-use toilet room shall be provided where required by Section 1109.2.1 of the Building Code of New York State. In recreational facilities, where additional bathing rooms are being added, not fewer than one family or assisted-use bathing room shall be provided where required by Section 1109.2.1 of the Building Code of New York State.
Where it is technically infeasible to provide accessible dressing, fitting or locker rooms at the same location as similar types of rooms, one accessible room on the same level shall be provided. Where separate-sex facilities are provided, accessible rooms for each sex shall be provided. Separate-sex facilities are not required where only unisex rooms are provided.
Operable parts of replacement fuel dispensers shall be permitted to be 54 inches (1370 mm) maximum, measuring from the surface of the vehicular way where fuel dispensers are installed on existing curbs.
The maximum height of thresholds at doorways shall be 3/4 inch (19.1 mm). Such thresholds shall have beveled edges on each side.
Where the structural or operational characteristics of an amusement ride are altered to the extent that the amusement ride's performance differs from that specified by the manufacturer or the original design, the amusement ride shall comply with requirements for new construction in Section 1110.4.8 of the Building Code of New York State.

These provisions shall apply to facilities designated as historic structures that undergo alterations or a change of occupancy, unless technically infeasible. Where compliance with the requirements for accessible routes, entrances or toilet rooms would threaten or destroy the historic significance of the facility, as determined by the authority having jurisdiction, the alternative requirements of Sections 305.9.1 through 305.9.4 for that element shall be permitted.

Exception: Type B dwelling or sleeping units required by Section 1107 of the Building Code of New York State are not required to be provided in historic buildings.

Not fewer than one accessible route from a site arrival point to an accessible entrance shall be provided.
An accessible route from an accessible entrance to public spaces on the level of the accessible entrance shall be provided.

Not fewer than one main entrance shall be accessible.

Exception: If a public entrance cannot be made accessible, an accessible entrance that is unlocked while the building is occupied shall be provided; or, a locked accessible entrance with a notification system or remote monitoring shall be provided.

Signs complying with Section 1111 of the Building Code of New York State shall be provided at the public entrance and the accessible entrance.

Where toilet rooms are provided, not fewer than one accessible family or assisted-use toilet room complying with Section 1109.2.1 of the Building Code of New York State shall be provided.

Accessible parking complying with Sections 1102.1 and 1106 of the Building Code of New York State shall be provided within a six-month period of time when performing any of the following categories of work in an off-street parking lot:

  1. Repave, reseal or repaint more than one half of the total number of parking spaces in an off-street parking lot, which contains designated accessible parking spaces;
  2. Repave, reseal or repaint more than one half of the total number of designated accessible parking spaces in an off-street parking lot; or
  3. Creates designated accessible parking spaces in an offstreet parking lot.
Accessible parking spaces shall be provided with signage displaying the International Symbol of Accessibility in accordance with Section 1111.1 of the Building Code of New York State. Each access aisle shall be provided with signage reading "NO PARKING ANYTIME." Signs shall be permanently installed in accordance with ICC A117.1 and shall not interfere with an accessible route from an access aisle.
The installation, operation, maintenance, repair, and retrofitting of energy storage systems shall be in accordance with Section 1208 of the Fire Code of New York State.
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