PcM_ Applicable Codes regarding AHJ
In a question from Black Spectacles referring to the Standard of Care, it was asked whether an architect broke it, if a code changed after submitting the project to the AHJ and the project, consequently, did not comply with the codes. The answer was negative, arguing that those codes didn't applied AT THE MOMENT OF SUBMITTING THE AHJ.
Now my office is facing a problem (real life) where a project was submitted in December 2021 to the city of Miami Beach. Said AHJ put into effect a "Miami Beach Resiliency Code" in August 2022 and now they ask us to adapt the entire project to that new code. That implies a change of 85% of the original project.
On what timely basis are the codes applied to a project already submitted to the AHJ? Where to find documentation or rules about it?
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If you meet ALL THE CODES at the moment of submitting to AHJ, and you don't have a palantir to foresee the future to know which ones will change over the course of the AHJ review, so you will be exposed to these things all the time. Who pays to do the project again? and my main concern. Where are these things regulated?
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Thanks for your answer Blane,
If you see my previous comment, I said "pay to do the project again". The change do not refers to scope, stories or ocuppancy but a first level free interior high. In current project we surpass the previous codes, the FBC, IBC for a reasonable margin, but the new "resiliency" ask for a 12´ free high. That means change of stairs, elevations, parapets: 85% of the project needs changes. I reviewed the B101 on the original form, never talks about a major change due to AHJ revision, and nobody expected that from our team neither the owner's side.
Even more: we were ask to contract a Code Consultant, at owner expenses, before submitting our work, and he never anticipated this. If you know what rules could apply in this cases, I would appreciate the info.
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Hi Ulises Bea! Thank you for your question.
Typically when a new code version is introduced, there is a "phase-in period" between when the new code version goes into effect (i.e. October 1, 2022) and when the new code version becomes mandatory to abide (i.e. April 1, 2023). In this example, one could choose whether to follow the previous code version or adopt the new code version when submitting to the AHJ between this 6-month period.
As you know, building codes and applications vary from jurisdiction to jurisdiction. Ultimately, the AHJ determines which code version would apply to a given project and should provide guidance on any implications it may cause (like the one you've mentioned). I would recommend reaching out to your AHJ regarding this specific concern.
I know it can be tricky when the content you are studying does not exactly align with what you’ve seen in reality. When approaching an exam question, it is important to provide the correct answer per NCARB, not personal experiences or observations.
Hope this helps. Happy studying!
Kiara Galicinao, AIA, NCARB
Black Spectacles
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