DAR File No. 38733

Commerce, Occupational and Professional Licensing

Rule R156-15A

State Construction Code Administration and Adoption of Approved State Construction Code Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 38733
Filed: 08/05/2014 12:41:18 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule filing is to update Sections R156-15A-401 and R156-15A-402 by changing from the 2009 edition to the 2012 edition of the International Existing Building Code (IEBC) and by making corresponding technical amendments.

Summary of the rule or change:

In Subsection R156-15A-401(2), the proposed amendment is being made to change the 2009 edition to the 2012 edition of the International Existing Building Code. In Section R156-15A-402, the proposed amendments are technical changes to update section numbering to correspond with the numbering in the 2012 edition of the International Existing Building Code. The underlying requirements in these code sections have not changed.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-202(1)(a)
• Subsection 58-1-106(1)(a)
• Section 15A-1-205
• Subsection 15A-1-204(6)

This rule or change incorporates by reference the following material:

• Updates International Existing Building Code , published by International Code Council, 2012

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. The Division also incurred a cost of $50.95 to purchase the updated 2012 IEBC book. These costs incurred will be absorbed in the Division's current budget.

local governments:

Local governments may incur a cost of $50.95 to purchase the updated 2012 IEBC book if it is determined local government offices need to maintain a copy of this updated book. The Division anticipates the proposed amendments will not result in any significant financial impact on any party and will not result in cost to local governments other than the cost to purchase an updated 2012 IEBC book. This is because these are not mandatory codes but codes approved for adoption by local compliance agencies. These are codes that a local compliance agency may choose to adopt. If the codes are adopted by a local compliance agency, the adoption would result in significant savings to existing building owners. These codes allow for certain cost saving measures to be implemented when an existing building is being remodeled but it is cost prohibitive to the bring the building into full compliance with existing codes. These cost savings cannot be quantified.

small businesses:

Small businesses may incur a cost of $50.95 to purchase the updated 2012 IEBC book if it is determined a small business office needs to maintain a copy of this updated book. The Division anticipates the proposed amendments will not result in any significant financial impact on any party and will not result in cost to small businesses other than the cost to purchase an updated 2012 IEBC book. This is because these are not mandatory codes but codes approved for adoption by local compliance agencies. These are codes that a local compliance agency may choose to adopt. If the codes are adopted by a local compliance agency, the adoption would result in significant savings to existing building owners. These codes allow for certain cost saving measures to be implemented when an existing building is being remodeled but it is cost prohibitive to the bring the building into full compliance with existing codes. These cost savings cannot be quantified.

persons other than small businesses, businesses, or local governmental entities:

Other persons may incur a cost of $50.95 to purchase the updated 2012 IEBC book if it is determined there is a need to maintain a copy of this updated book. The Division anticipates the proposed amendments will not result in any significant financial impact on any party and will not result in cost to other persons other than the cost to purchase an updated 2012 IEBC book. This is because these are not mandatory codes but codes approved for adoption by local compliance agencies. These are codes that a local compliance agency may choose to adopt. If the codes are adopted by a local compliance agency, the adoption would result in significant savings to existing building owners. These codes allow for certain cost saving measures to be implemented when an existing building is being remodeled but it is cost prohibitive to the bring the building into full compliance with existing codes. These cost savings cannot be quantified.

Compliance costs for affected persons:

Affected persons may incur a cost of $50.95 to purchase the updated 2012 IEBC book if it is determined there is a need to maintain a copy of this updated book. The Division anticipates the proposed amendments will not result in any significant financial impact on any party and will not result in cost to affected persons other than the cost to purchase an updated 2012 IEBC book. This is because these are not mandatory codes but codes approved for adoption by local compliance agencies. These are codes that a local compliance agency may choose to adopt. If the codes are adopted by a local compliance agency, the adoption would result in significant savings to existing building owners. These codes allow for certain cost saving measures to be implemented when an existing building is being remodeled but it is cost prohibitive to the bring the building into full compliance with existing codes. These cost savings cannot be quantified.

Comments by the department head on the fiscal impact the rule may have on businesses:

This filing incorporates, with specified modifications, the current edition of the International Existing Building Code as the industry standard in Utah. In many circumstances, these updated code standards will allow builders to implement cost saving measures when remodeling an existing building. Such savings will vary and cannot be estimated.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Dan Jones at the above address, by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at dansjones@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/01/2014

Interested persons may attend a public hearing regarding this rule:

• 09/10/2014 10:30 AM, Sandy City Hall, 10000 S Centennial Parkway Room 341, Sandy, UT

This rule may become effective on:

10/08/2014

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-15A. State Construction Code Administration and Adoption of Approved State Construction Code Rule.

R156-15A-401. Adoption - Approved Codes.

Approved Codes. In accordance with Subsection 15A-1-204(6)(a), and subject to the limitations contained in Subsection 15A-1-204(6)(b), the following codes or standards are hereby incorporated by reference and approved for use and adoption by a compliance agency as the construction standards which may be applied to existing buildings in the regulation of building alteration, remodeling, repair, removal, seismic evaluation, and rehabilitation in the state:

(1) the 1997 edition of the Uniform Code for the Abatement of Dangerous Buildings (UCADB) promulgated by the International Code Council;

(2) the [2009]2012 edition of the International Existing Building Code (IEBC), including its appendix chapters, promulgated by the International Code Council;

(3) ASCE 31-03, Seismic Evaluation of Existing Buildings, promulgated by the American Society of Civil Engineers;

(4) ASCE/SEI 41-06, the Seismic Rehabilitation of Existing Buildings, promulgated by the American Society of Civil Engineers, 2007 edition.

 

R156-15A-402. Statewide Amendments to the IEBC.

The following are adopted as amendments to the IEBC to be applicable statewide:

(1) [In Section 101.5 the exception is deleted.

(2) ]In Section 202 the definition for existing buildings is deleted and replaced with the following:

EXISTING BUILDING. A building lawfully erected under a prior adopted code, or one which is deemed a legal non-conforming building by the code official, and one which is not a dangerous building.

(2) In Section 301.1 the exception is deleted.

(3) In Section [605.1]705.1, Exception number 3, the following is added at the end[ of the sentence]:

" This exception does not apply if the existing facility is[unless] undergoing a change of occupancy classification."

(4) Section [606.2.1]706.2.1 is deleted and replaced with the following:

[606.2.1]706.2.1 Parapet bracing, wall anchors, and other appendages. Buildings constructed prior to 1975 shall have parapet bracing, wall anchors, and appendages such as cornices, spires, towers, tanks, signs, statuary, etc. evaluated by a licensed engineer when said building is undergoing reroofing, or alteration of or repair to said feature. Such parapet bracing, wall anchors, and appendages shall be evaluated in accordance with the reduced International Building Code level seismic forces as specified in IEBC Section [101.5.4.2]301.1.4.2 and design procedures of Section [101.5.4]301.1.4. When found to be deficient because of design or deteriorated condition, the engineer's recommendations to anchor, brace, reinforce, or remove the deficient feature shall be implemented.

EXCEPTIONS:

1. Group R-3 and U occupancies.

2. Unreinforced masonry parapets need not be braced according to the above stated provisions provided that the maximum height of an unreinforced masonry parapet above the level of the diaphragm tension anchors or above the parapet braces shall not exceed one and one-half times the thickness of the parapet wall. The parapet height may be a maximum of two and one-half times its thickness in other than Seismic Design Categories D, E, or F.

(5) Section [907]1007.3.1 is deleted and replaced with the following:

[907]1007.3.1 Compliance with the International Building Code Level Seismic Forces. When a building or portion thereof is subject to a change of occupancy such that a change in the nature of the occupancy results in a higher [seismic occupancy]risk category based on Table 1604.5 of the International Building Code; or where such change of occupancy results in a reclassification of a building to a higher hazard category as shown in Table [912]1012.4; or where a change of a Group M occupancy to a Group A, E, F, [M]I-1, R-1, R-2, or R-4 occupancy with two-thirds or more of the floors involved in Level 3 alteration work; or when such change of occupancy results in a design occupant load increase of 100% or more, the building shall conform to the seismic requirements of the International Building Code for the new [seismic use group]risk category.

Exceptions 1-4 remain unchanged.

5. Where the design occupant load increase is less than 25 occupants and the occupancy category does not change.

(6) In Section [912]1012.7.3 exception 2 is deleted.

(7) In Section [912]1012.8.2 number 7 is added as follows:

7. When a change of occupancy in a building or portion of a building results in a Group R-2 occupancy, not less than 20 percent of the dwelling or sleeping units shall be Type B dwelling or sleeping units. These dwelling or sleeping units may be located on any floor of the building provided with an accessible route. Two percent, but not less than one unit, of the dwelling or sleeping units shall be Type A dwelling units.

 

KEY: contractors, building codes, building inspection, licensing

Date of Enactment or Last Substantive Amendment: [July 22, ]2014

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 15A-1-204(6); 15A-1-205