R309.2 Fire Wall Seperation

[pshafer]

My home was built in 1954. If when we sell it, do we have to bring it up to current code regarding the Separeation of garages from dwelling units? I can not find anything online to support this.

thanks,
Pam

[Jerry Peck - Codeman]

Depends.

Depends on the separation required in your area at the time the house was built.

Depends on if any alterations have been made to the house since it was built.

Depends on if either or both of the above were done with a permit (if a permit was required), without a permit (when a permit was required), or if basically no permitting and no codes were in effect at the time of construction.

If the house was constructed to an applicable code and permitted at the time of construction and remains unaltered or altered with permits as required, then it is likely that no changes or modifications would be forthcoming as most codes includes a section which says, basically says - wording may vary, that if the structure is legally standing then the structure shall be allowed to remain legally standing as it is without being required to be altered to meet current code.

An exception to that is typically in Property Maintenance Codes in which certain specific items may be required to be changed upon the adoption of the Property Maintenance Code - typically this is for life-safety items such as smoke alarms, carbon monoxide alarms, egress, and the like.

However, if there was not code and no permitting, or if there have been unpermitted alterations ... the structure is not legally standing as it is and is therefore subject to having to be brought up to current code as whatever issues the local building department/building offiical and/or fire marshal decide is needed.

This example is from the 2012 IRC: (underlining and bold are mine)
- R102.7 Existing structures.
- - The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Property Maintenance Code or the International Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.