A N A C T
RELATING TO HEALTH AND SAFETY -- STATE BUILDING CODE EXISTING STRUCTURES
It is enacted by the General Assembly as follows:
SECTION 1. Sections 23-27.3-106.0, 23-27.3-106.1, 23-27.3-106.2, 23-27.3-106.3, 23-27.3-106.4 and 23-27.3-106.5 of the General Laws in Chapter 23-27.3 entitled "State Building Code" are hereby amended to read as follows:
23-27.3-106.0. Existing structures -- (a) (1) Except as provided in this section, existing buildings or structures when altered, renovated, reconstructed or repaired or a change of use occurs as specified in this section shall be made to conform to
the full requirements of this code or the requirements of the rehabilitation building and fire code for existing buildings and structures. See chapters 2 through 34 of regulation SBC-1 for new buildings.
(2) Except as provided for in the rehabilitation building and fire code for existing buildings and structures, the alternative procedures of SBC-1, chapter 34, entitled Repair, Alteration, Addition to, and Change of Use of Existing Buildings, may be used in lieu of the provisions of this section for all existing buildings in which there is work involving repairs, alterations, additions, or changes of use and occupancy.
(b) Flood resistant construction for buildings or structures in flood hazard areas - In order to determine the percentage between the costs for alterations, renovations, reconstruction and repairs and the physical value of the building or structure, to establish whether a substantial improvement or a substantial damage occurs, the building official shall exclude the alteration, renovation, reconstruction and repair cost of the following items:
(1) All nonpermit items such as painting, decorating, landscaping, fees, and the like; and
(2) All electrical, mechanical, plumbing, and equipment systems.
(c) (1) Renovations or alterations to buildings or structures which utilize electric resistance heating as the replacement energy source of heat or air conditioning shall comply with the energy conservation provisions for new buildings. Provided, however, that individual through-wall-air-conditioning units are not included in this exception.
(2) Alternative energy systems, as allowed in the energy conservation provisions, may utilize electric resistance heating and, through the performance approach, not be required to comply with the new code provisions or energy conservation.
(d) All projects which are subject to the provisions for construction in flood hazard areas when calculating a substantial improvement will not utilize the more liberal provisions allowed by subsections (a)(2), (b)(1) and (2). Also, the definition of physical value of a building subject to construction in a flood hazard area shall be based upon market value of the structure as determined by the qualified appraiser or estimator and not current replacement value as defined in section 23-27.3-106.5.
Alterations exceeding fifty percent Substantial improvements. -- If alterations or repairs substantial improvements are made within any twelve (12) month period costing in excess of fifty percent (50%) of the physical value of the building, this code's requirements for flood resistant construction for new structures shall apply unless the requirements of the rehabilitation building and fire code for existing buildings and structures are applicable.
Damages exceeding fifty percent Substantial damages exceeding fifty percent. -- If the building is damaged by fire or any other cause to an extent in excess of fifty percent (50%) of the physical value of the building before the damage was incurred, this code's requirements for flood resistant construction for new structures shall apply unless the requirements of the rehabilitation building and fire code for existing buildings and structures are applicable.
Alteration under fifty percent Improvements and damages. -- If the cost of alterations or repairs described in this chapter is between twenty-five (25%) and fifty percent (50%) of the physical value of a structure, the building official shall determine to what degree the portions so altered or repaired shall be made to conform to the requirements of the rehabilitation building and fire code for existing buildings and structures or the code for new structures as applicable.
Alteration under twenty-five percent Improvements or damages. -- If the cost of alterations or repairs described in this chapter is twenty-five percent (25%) or less of the physical value of the building, the building official shall permit, consistent with the requirements of the rehabilitation building and fire code for existing buildings and structures, the restoration of the building to its condition previous to damage or deterioration with materials of equal quality as those of which the building was originally constructed; provided, however, that the construction does not endanger the general health, safety, and welfare , and complies with the provisions of article 9 in respect to existing roofs.
23-27.3-106.5. Physical value -- In applying the provisions of sections 23-27.3-106.0 -- 23-27.3-106.5, physical value of the building or structure shall be based on the current
replacement market value. Replacement Market value may shall be established by the building official using a model code cost index for the use group and type of construction, or the owner who shall provide the market or replacement value of the building or structure prior to alteration, as established by a qualified certified appraiser, or estimator or real estate broker.
SECTION 2. This act shall take effect on July 1, 2001.