BUILDING REVIEW BOARD AGENDA ITEM
ACTION REQUESTED:
title
Provide Feedback on the Proposed Amendment to the 2024 International Existing Building Code
body
DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Mark Dudash, Chief Building Official
BOARD/COMMISSION REVIEW:
At the April 15, 2025 Building Review Board (BRB) meeting, staff presented the major updates and proposed amendments to the 2024 International Existing Building Code (IEBC).
BACKGROUND:
The Fire Department is requesting one amendment to the 2024 IEBC. The Fire Department would like to modify Section 301.3: Alteration, addition or change of occupancy, by adding a new sub-section: 301.3.4.
Section 301.3.4 - Fire Suppression Agreements.
Installation of Fire Protection Systems: Unless more stringent regulations are provided in other adopted City codes, as amended from time to time, repairs, alterations, additions, and change of occupancy to any building or structure shall require fire protection systems installed per the building code then in effect prior to issuance of an occupancy permit. This requirement may not be triggered if it is determined in writing by the City’s Fire Marshal that the addition, or alteration, or repair is solely for the purpose of complying with the Americans with Disabilities Act. Said written finding by the City’s Fire Marshal will be attached to any building permit issued for said addition, alteration, or repair change of occupancy.)
Fire Suppression Agreements: The owner of an existing commercial, non-residential, multi-tenant building (retail strip mall ) may be eligible to enter into a fire suppression agreement with the city pertaining to the remainder of the structure or building not affected by repairs, alterations, additions, and or change of occupancy which agreement allows for compliance with the requirement to install a fire suppression system for the remainder of the structure or building to be delayed for a period of time to be agreed upon by the city which period shall not exceed ten (10) years from the date of permit issuance for the initial change of use, alteration, addition, alteration, or repair or change of occupancy.
Notwithstanding the foregoing, if during the term of a fire suppression agreement, a unit, suite, or space of a building or structure which is the subject of the agreement has an alteration, addition, or change of occupancy, alterations, or additions which would trigger the application of fire sprinkler requirements under the city’s code, that unit, suite, or space shall be required to comply with the sprinkler requirements then in effect under the International Building Code (IBC) as amended by the city code prior to issuance of an occupancy permit.
It shall be the applicant's responsibility to pursue a fire suppression agreement and said agreement must be fully executed and recorded with the office of the county recorder in which the property is located prior to the city’s issuance of the building permit for the change of occupancy, alterations, or additions to any structure on the property.
DISCUSSION:
The Fire Department is primarily requesting the addition of the sub-section due to the complexity of the previous wording, which was convoluted and often created uncertainty regarding when sprinkler systems were required. When a code is not clear and concise, it leaves room for misinterpretation and inconsistency in enforcement.
The Fire Department collaborated with the Legal Department and determined that this revised version provides greater clarity and consistency. The update is particularly applicable to strip mall configurations. With this revision, when an existing tenant space triggers a sprinkler requirement, only that specific unit must be sprinklered. The remaining portions of the building will then be subject to a 10-year compliance agreement.