CHAPTER 1. ADMINISTRATION

101.0 Purpose and Intent
102.0 Compliance
103.0 Nonconforming Rights (Existing Buildings)
104.0 Relationship to Other Codes, Rules and Ordinances
105.0 Preliminary Meeting
106.0 Evaluation of an Existing Building
107.0 Permits

101.0 Purpose and Intent

101.1 -- The purpose of these provisions is to encourage the continued use or reuse of legally existing buildings and structures. These provisions are intended to permit repairs, renovations, alterations, reconstructions, additions, and/or changes of occupancy that maintain or improve the health, safety and welfare in existing buildings, without requiring full compliance with the Building Code except for proportional additional work as specified in these provisions.

The first sentence follows the Uniform Code for Building Conservation. The second sentence follows Article 32 of the Massachusetts Code, with some additional clauses.

101.2 -- All work shall be classified into six categories: repair, renovation, alteration, reconstruction, addition, and change of occupancy. Specific requirements are established for each work category in these provisions.

Work is classified into these categories in order to facilitate structuring proportional requirements for additional work.

101.3 -- Work of more than one category may be part of a single work project. All related work permitted within a twelve-month period shall be considered a single work project.

101.3.1 -- Where a project includes one category of work in one building area and another category of work in a separate and unrelated area of the building, each project area shall comply with the requirements of the respective category of work.

101.3.2 -- Where a project with more than one category of work is performed in the same area, or in related areas of the building, the project shall comply with the requirements of the more stringent category of work.

The term "related work" refers to work taking place in a contiguous area or areas of a building, as well as work on plumbing, mechanical or electrical systems in other areas that is necessary to complete the work in the contiguous area. The term "unrelated area" refers to a non-contiguous area of a building in which any work undertaken is not "related work."

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102.0 Compliance

102.1 -- Repairs, renovations, alterations, reconstruction, additions, and changes of occupancy shall conform to the requirements of these provisions.

102.2  Equivalent Alternatives -- These provisions are not intended to prevent the use of any alternate material, alternate design or alternate method of construction not specifically prescribed herein, provided any alternate has been deemed to be equivalent and its use authorized by the Building Official.

This sentence follows Section 104.2.8 of the Uniform Building Code ("Alternate materials, alternate design and methods of construction"). Section 106.4 of the BOCA National Building Code ("Alternative materials and equipment") and Section 103.7 of the Standard Building Code ("Alternate Materials and Methods") are similar.

102.3  Other Alternatives -- Where compliance with these provisions or with the Building Code or other Code as required by these provisions is technically infeasible or would impose disproportionate costs because of structural, construction or dimensional difficulties, other alternatives may be accepted by the Building Official. These alternatives may include materials, design features and/or operational features.

Section 102.3 provides for acceptance of alternatives that may not be deemed to be of fully equivalent safety in cases where the applicant can demonstrate that full compliance would work a hardship. In Boston, for example, three tests are used to support such a hardship application: (1) The cost of compliance in an existing building versus its cost in new construction, (2) the cost of compliance as a proportion of the cost of the total project, and (3) the cost of the total project versus the replacement cost of the building. The inclusion of "disproportionate cost" as part of the authority to approve alternative solutions has traditionally been excluded from the model building codes because it is considered too subjective. It is included here because disproportionate cost is usually the reason building rehabilitation is not performed. Examples of potential compliance alternatives under Sections 102.2 or 102.3 appear in HUD Rehabilitation Guidelines/1980 No. 5 (Egress Guideline), No. 6 (Electrical Guideline) and No. 7 (Plumbing DWV Guideline). Whatever the source, it is important that records of all approved compliance alternatives be kept by the Building Official and attached to the building permit or the building file. These records may be needed in the future to document compliance with Section 401.3 which states that the "work shall not make the building less conforming with ... any previous approved alternative arrangements ..." Another method the Building Official can use to judge the acceptability of alternatives under Sections 102.2 or 102.3 is to require peer review of the considered alternatives.

102.4 -- Buildings or systems in compliance with the current edition of the building, fire, plumbing, electrical or mechanical code shall not be required to comply with any more restrictive requirement of these provisions.

The intent of these provisions is to provide relief for rehabilitation work; it is not expected that these provisions would present more restrictive requirements. Section 102.4 is a contingency.

102.5 -- Elements, components and systems of existing buildings with features that exceed the requirements of the codes for new construction and not otherwise required as part of approved alternative arrangements, or deemed by the building official to be required to balance other building elements not complying with the codes for new construction shall not be prevented by these provisions from being modified as long as they remain in compliance with the applicable codes for new construction.

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103.0 Nonconforming Rights (Existing Buildings)

103.1 -- Buildings in existence at the time of the adoption of these provisions may have their existing use or occupancy continued, if such use or occupancy was legal at the time of the adoption of these provisions, provided such continued use is not hazardous to life. Nothing in these provisions shall be interpreted as requiring the repair, renovation, alteration or reconstruction of such existing buildings.

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104.0 Relationship to Other Codes, Rules, and Ordinances

104.1 -- It is not the intent of these provisions to supersede any codes or ordinances that address dangerous or unsafe buildings.

104.2 -- It is not the intent of these provisions to supersede any retroactive regulations that impose stricter requirements.

104.3---It is not the intent of these provisions to establish minimum standards of habitability for housing.

104.4 -- Renovations, alterations or reconstruction work mandated by any property, housing, or fire prevention 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 these provisions unless the code requiring such work so provides.

See the section titled "Relationship of the NARRP to Fire Codes and Housing/Property Maintenance Codes" in the Introduction.

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105.0 Preliminary Meeting

105.1---If a building permit is required then at the request of the prospective permit applicant, the Building Official or his designee shall meet with the prospective applicant to discuss plans for any proposed work or change of occupancy under these provisions prior to the application for the permit. The purpose of this preliminary meeting is for the Building Official to gain an understanding of the prospective applicant's intentions for the proposed work, and to determine, together with the prospective applicant, the specific applicability of these provisions.

A variety of issues should be covered in the preliminary meeting. Among the more important are the precise definition of the extent of the work area, as that term is defined in Chapter 2, and the necessary protections required in buildings that will be partially occupied during the work, in accordance with applicable codes.

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106.0 Evaluation of an Existing Building

106.1 -- The Building Official may require an existing building to be investigated and evaluated by a registered design professional in the case of proposed reconstruction of any portion of a building, changes of use, additions, and upon other circumstances agreed upon at the preliminary meeting. The evaluation shall determine the existence of any potential non-conformities with these provisions, and shall provide a basis for determining the impact of the proposed changes on the performance of the building. The evaluation shall utilize the following sources of information, as applicable:

• Available documentation of the existing building.
• Field surveys.
• Tests (nondestructive and destructive).
• Laboratory analysis.

Exception:

1. Simple detached one- or two-family dwellings that are not undergoing an extensive reconstruction or a change of occupancy.

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107.0 Permits

107.1 -- The work area, as defined in Chapter 2, shall be clearly identified on all permits issued under these provisions.

Permit requirements applicable to rehabilitation work are left up to individual jurisdictions. It is likely that some jurisdictions will not require permits for repair work. Whenever a permit is required, it should clearly identify the work area, which may be less than the scope of the project. This is because the scope of the work area is critical to the application of the NARRP.

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