Safety and Buildings Division: Think about what code applies when you consider physical alterations and changes of use in existing commercial buildings

This info supersedes any which was previously released on this topic.

Here are some points to keep in mind when dealing with alterations or changes in use within existing commercial buildings in Wisconsin. (There are Questions and Answers relating to the Wisconsin Commercial Building Code here.)

- A building code requirement does not apply retroactively, unless specifically stated otherwise in a rule, or if implemented retroactively by local ordinance. The adoption of Comm 61-65 rules in Wisconsin in July 2002 did not change the status of any building that was previously code compliant. A code compliant unchanged commercial building constructed in 1990, for example, is still code compliant.

To reword the point above, for emphasis: Existing buildings are to comply with code requirements based upon when the construction of the building occurred, or when the building's elements, systems and components have been modified. (It is helpful to review Comm 61.03.)

- There have been numerous editions of the Wisconsin Commercial Building Code since 1914. Code revisions have been enacted in a piecemeal fashion and not always with the printing of a comprehensive new code edition. An existing building may have undergone any number of partial enhancements during its history. Also, since 1956, the format of administrative rules (codes) changed such that each requirement has its own effective date. When considering the code status of a particular building feature, care needs to be exercised as to exactly which building code requirements applied when that feature was created. Code requirements may have been adopted on one date, with a delayed effective date.

- The proposed alteration of a portion, element, system, or component of an existing building must conform with today's applicable code requirements for construction. The nature of the alteration will dictate the applicable code requirements. The application of today's code requirements for construction does not automatically extend to the entire building, even if an extensive part of the building is affected.

- A proposed alteration may impact or utilize "unaltered" portions of an existing building. If noncompliance exists under today's code for a proposed alteration because of its relationship with the unaltered area, it does not follow that the unaltered portion is what must be changed. Further changes to the altered portion, under today's code, may be chosen to address the question of noncompliance. The unaltered area is analyzed for compliance according to the code under which it was constructed. If the choice is made to create a design which makes the unaltered portion be not in compliance with the code it was built under, specific changes to that unaltered portion must comply with the construction provisions of today's Comm 61-65.

- A proposed change of use in an existing building, or a portion of it, must conform with the applicable current code requirements. The nature of the change of use will dictate the applicable requirements.

- The perspective concerning changed and unchanged uses of a building is the same as if we are thinking only of physical alterations. Decisions can be made to change use of areas so as not to affect other areas. If an area becomes noncompliant according to the code provisions it was constructed under, because of a proposed change of use, any alterations must follow provisions of today's Comm 61-65 for construction.

The Department of Commerce Safety and Buildings Division is an equal opportunity service provider and employer. If you need assistance to access services or need material in an alternate format, please contact us, 608-266-3151, TTY 608-264-8777, or ttaylor@commerce.state.wi.us