510 R.I. Code R. 510-RICR-00-00-20.9 - Chapter 9: Historical Buildings

20.9.1

901.0 General

901.1 Historical buildings shall comply with the provisions of this Chapter, or with the provisions of Chapters 3, 4, 5, 6 and 7, relating to their repair, renovation, alteration, reconstruction, movement and change of occupancy. Where the owner of a historical building wishes to use an alternative to comply with the intent of specific provisions of this code, a written request shall be submitted to the authority having jurisdiction in accordance 901.2. BO

901.1.1 Definition: Historical building (BFO) Any building or structure that:

a. is listed in the Rhode Island Register or National Register of Historical Places either individually or as a contributing building to a historical district; or

b. has been issued a Determination of Eligibility by the Keeper of the National Register of Historical Places; or

c. has been designated by a city or town ordinance pursuant to R.I. Gen. Laws Chapter 45-24.1 and has been certified by the Executive Director of the RIHPHC as contributing to the heritage of the community; or

d. the State Historic Preservation Officer (hereinafter the SHPO), pursuant to the request of the owner, has determined as eligible to be listed on the National Register of Historical Places either individually or as a contributing building to a historical district.

901.1.2 Owner's responsibility: In order to utilize the provisions of this Chapter, the building owner, or authorized representative, shall contact the Rhode Island Historical Preservation and Heritage Commission (hereinafter the RIHPHC) for written verification that the subject building qualifies as an Historical Building as defined in 901.1.1. The building owner shall further equip the subject building with an approved fire alarm system installed in accordance with the provisions of R.I. Gen. Laws Chapter 23-28.25, as amended. BFO

901.1.3 Modifications to historical buildings: This chapter shall only apply to the historically significant spaces, features, or fabric of the building as certified by the Executive Director of the RIHPHC. In order to utilize the provisions of this Chapter, the building owner shall maintain the historical interior of the subject building unless such proposed modifications are determined to be incidental by the Executive Director. The Executive Director shall so advise the building and fire officials, in writing, prior to the commencement of the plan review. BFO

901.1.4 Appeals: A building owner, utilizing the provisions of this chapter, shall notify Executive Director of the RIHPHC upon the filing of an appeal of any of the provisions of this Chapter with the Joint Committee on the Rehabilitation Building and Fire Code for Existing Buildings and Structures. BF

901.2 Alternatives: Where the owner of a historical building wishes to use an alternative to comply with the intent of the specific provisions of this Code, a written request shall be submitted to the authority having jurisdiction. Such request shall identify all non-conformities with the requirements of this Code and shall include: a statement of the requirements of this Code from which an alternative is sought, a statement of the manner in which strict compliance with the provisions of this Code would result in practical difficulties or would detract from the historical character of the building and a statement of feasible alternatives to the requirements of this Code that would adequately protect the health, safety, and welfare of the intended occupants and of the public generally. If in the opinion of the local building or fire official insufficient information has been provided in the request, the officials shall have the authority to require the submission of additional information, including an evaluation prepared by a registered architect, licensed engineer, or fire protection engineer for the appropriate subject matter. A copy of the request shall be submitted to the Executive Director of the RIHPHC including any additional information required by the authority having jurisdiction. In acting on the request, the authority having jurisdiction shall consider comments, if any, from the RIHPHC. BFO

901.3 Accessibility requirements: The accessibility requirements contained in Chapter 10 shall apply to historical buildings undergoing renovations, alterations, reconstruction or a change of occupancy. If the historical features or historical character of the building is adversely affected, and the building is required to comply with ADAAG by the provisions of Chapter 10, then substantially equivalent alternative provisions of accessibility shall be permitted, in accordance with Chapter 10. B

901.4 Museums: When a historical building is used as a museum, the building shall be classified as use Group B (Business) provided that the building complies with the following conditions:

1. A limit on occupancy, not to exceed 50, is set by the authority having jurisdiction based on egress capacity and travel distance using the following parameters: F

a. For buildings with a single means of egress, occupancy shall be limited to the first and second floors, and the travel distance shall not exceed 75 feet. F

b. Two means of egress shall be required from all floors above the second floor where occupancy is permitted. F

2. There is supervision by a guide or other employee or volunteer knowledgeable in the emergency exiting procedures during all times that the building is occupied by visitors. F

901.5 Flood hazard areas: For historical buildings or structures located in whole or in part in flood hazard areas, work on the building or structure shall be permitted, provided all of the following are met:

1. If a historical building will continue to be listed or eligible for listing as a historical building, then work proposed to be undertaken is not considered to be a substantial improvement. B

2. If all work proposed constitutes substantial improvement, including repairs, work required due to a change of occupancy, and alterations, then the existing building shall comply with the flood hazard provisions of the Building Code. B

3. The proposed work is the minimum necessary to comply with life and safety requirements of this Code. B

4. A variance to the flood provisions of this code is granted by the Board of Appeals. B

20.9.2

902.0 Repairs

902.1 Repairs to any portion of a historical building or structure shall be permitted to be made with original or like materials and original methods of construction, subject to the provisions of this Chapter. B

20.9.3

903.0 Relocated Buildings

903.1 Construction: Any repair, renovation, alteration, reconstruction, movement and change of use of relocated historical structures shall comply with the requirements of this Chapter. B

903.2 Foundations: Foundations of relocated historical buildings shall comply with Chapter 18 of the Building Code. Relocated historical buildings shall otherwise be considered as historical buildings for the purposes of this Code. B

903.3 Relocated historical buildings and structures shall be so sited that fire separation distance and opening protectives comply with the requirements of paragraphs 704.5 and 704.8 of the Building Code. B

20.9.4

904.0 Repair, Renovation, Alteration or Reconstruction

904.1 General: Historical buildings undergoing repair, renovation, alteration or reconstruction shall comply with all of the applicable requirements Chapters 3, 4, 5 and 6, except as specifically permitted in this Chapter. BF

904.2 Replacement: Replacement of existing or missing features using original or like materials shall be permitted. Partial replacement for repairs that match the original in configuration, height and size shall be permitted. Such replacements shall not be required to meet the materials and methods requirements in 401.2. B

Exception: Replacement glazing in hazardous locations shall comply with 302.2.

904.3 Roof Covering: The existing type of roof covering shall be permitted to be continued and replaced with the same materials if the historical materials are documented to the satisfaction of the local jurisdiction. B

904.4 Means of egress: In buildings protected throughout by a fire alarm system installed in accordance with 602.6, existing door openings, window openings intended for emergency egress and corridor and stairway widths of less than those that would be acceptable for non-historical buildings under this code shall be approved, provided that in the opinion of the local jurisdiction there is sufficient width and height for a person to pass through the opening or traverse the exit and that the capacity of the exit system is adequate for the occupant load or where other operational controls to limit occupancy are approved by the authority having jurisdiction. F

904.4.1 Paneled doors: Existing paneled doors in corridor walls required to have a fire rating of one hour will be allowed to remain if fitted with smoke seals provided that the egress system of the entire building is equipped with an approved sprinkler system, with a head located on each side of the door. If the above sprinkler system is not otherwise required, it may be domestically supplied provided that it is properly engineered to the satisfaction of the authority having jurisdiction. Alternative methods of establishing an approximate fire rating of twenty (20) minutes for the above doors may be approved by the authority having jurisdiction in accordance with certifications provided by nationally recognized testing facilities. F

904.4.2 Transoms: In all buildings of Group R-2, all transoms in corridor walls in rehabilitation work areas shall be either glazed with 1/4 inch wired glass set in metal frames or other glazing assemblies having a fire protection rating as required for the door and permanently secured in the closed position or sealed with materials consistent with the corridor construction. F

Exception: In buildings of Group R-2, where the egress system is fully sprinklered, existing transoms in corridors and other fire rated walls may be maintained if fixed in the closed position. A sprinkler head shall be installed on each side of the transom. If the above sprinkler system is not otherwise required, it may be domestically supplied provided that it is properly engineered to the satisfaction of the authority having jurisdiction.

904.4.3 Dead end corridors: In other than use group A, existing dead-end corridors in any rehabilitation work area shall not exceed 35 feet. Newly constructed dead-end corridors shall comply with NFPA 101, Life Safety Code, for new buildings. F

Exceptions:

Where existing dead-end corridors of greater length are permitted by NFPA 101, Life Safety Code, for existing buildings.

In other than Group A, the maximum length of an existing dead-end corridor shall be 50 feet in buildings equipped throughout with an automatic sprinkler system installed in accordance with Fire Safety Code.

904.5 Door swing: Existing front or main entry doors need not swing in the direction of exit travel when serving fewer than 50 persons, or if official having jurisdiction determines that other approved exits have sufficient capacity to serve the total occupant load. F

904.6 Interior finishes: The existing finishes of walls and ceilings shall be accepted where it is demonstrated that it is the historical finish. F

Exception: Finishes in exit ways shall have a flame-spread classification of Class C or better in accordance with NFPA 101, Life Safety Code for new construction. Existing nonconforming materials shall be surfaced with an approved fire-retardant paint or finish unless the building is equipped throughout with an automatic fire sprinkler system installed in accordance with NFPA 13, Standard for Installation of Sprinkler Systems.

904.7 Stairway Enclosure

904.7.1 Stairway enclosures may be omitted in a historical building where such stairway serves only one adjacent floor. F

904.7.2 In buildings of three stories or less, exit enclosure construction shall limit the spread of smoke by the use of tight fitting doors and solid elements. Such elements need not have a fire rating. F

904.7.3 Riser height and tread width: When stairs are replaced or repaired, the existing or original riser height and tread width shall be permitted to remain. F

904.7.4 Approved sprinkler systems or other solutions may be considered in lieu of enclosure of a stairway. F

904.8 One-hour fire-resistive assemblies: Where one-hour fire-resistive construction is required by this code in buildings protected throughout by a fire alarm system installed in accordance with 602.6, one-hour construction need not be provided regardless of construction or occupancy where the existing wall and ceiling finish is wood lathe and plaster that is in good condition and egress system doors maintain an approximate fire rating of at least twenty (20) minutes or are otherwise protected as outlined in 904.4.1 above. F

904.8.1 Stairway railing: Historically significant stairways shall be accepted without complying with the handrail and guardrail requirements. Existing handrails and guards shall be permitted to remain provided they are not structurally dangerous. Stairway railings may be reconstructed with handrails matching the original handrails. F

904.8.2 Guardrails: Guardrails of at least 30 inches in height shall be accepted and the existing or original baluster spacing permitted to remain where the vertical drop does not exceed 48 inches. Historically significant guardrails of lesser dimension, deemed not to be hazardous by the authority having jurisdiction, shall also be allowed to remain. F

904.8.3 One-hour fire-resistive construction may be omitted when existing building is fully sprinklered. F

904.8.4 Occupancy separations of more than one hour may be reduced to one-hour fire-resistive construction with all openings protected by not less than 3/4 hour fire-resistive assemblies of the self-closing or automatic-closing type when building is fully sprinklered. F

904.8.5 Winders: Existing winders that are in good structural repair will be permitted to remain in R-2 occupancies, or in buildings with an occupant load less than 50, or if there is a second approved means of egress, or if the building is protected throughout with an approved fire alarm system. F

904.9 Exit signs: The local jurisdiction shall accept alternate exit sign or egress path marking location where such signs or markings would have an adverse effect upon the historical character. Alternative signs shall identify the exits and egress path. F

904.10 Sprinkler alternative: After review of the report specified in 901.2, every historical building which does not conform to the construction requirements specified in other chapters of this Code for the occupancy or use and which, due to conditions not addressed in this Chapter in the opinion of the local fire official constitutes a fire safety hazard, shall be equipped throughout with an automatic sprinkler system installed in accordance with NFPA 13, Standard for Installation of Sprinkler Systems. However, such automatic sprinkler system shall not be used to substitute for, or act as an alternate to, the required number of exits from any facility. F

20.9.5

905.0 Change of Occupancy

905.1 General: Historical buildings undergoing a change of occupancy shall comply with the applicable provisions of Chapter 7 except as specifically permitted in this Chapter. Where Chapter 7 requires compliance with specific requirements of Chapter 6, and where those requirements are subject to Exceptions in 904.0, the same Exceptions shall apply in this section. BF

905.2 Building area: The allowable floor area for historical buildings undergoing a change of occupancy shall be permitted to exceed the allowable areas specified in Chapter 7 by fifty (50%) percent. B

905.3 Location on property: Historical structures undergoing a change of use to a higher hazard category in accordance with 702.4.1 may use alternative methods to comply with the fire-resistance and exterior opening protective requirements. Such alternatives shall comply with 901.2. B

905.4 Roof covering: Regardless of occupancy or use group, roof-covering materials not less than Class C shall be permitted where a fire-retardant roof covering is required. B

905.5 Means of egress: In buildings protected throughout by a fire alarm system installed in accordance with 602.6 or an automatic suppression system in accordance with NFPA 13 or NFPA 13R, existing door openings, window openings intended for emergency egress and corridor and stairway widths of less than those that would be acceptable for non-historical buildings under this code shall be approved, provided that in the opinion of the local jurisdiction there is sufficient width and height for a person to pass through the opening or traverse the exit and that the capacity of the exit system is adequate for the occupant load, or where other operational controls to limit occupancy are approved by the local jurisdiction. F

905.6 Door swing: When approved by the local jurisdiction, or when the occupant load is less than 50, the existing front or main entry doors need not swing in the direction of exit travel, provided other approved exits having sufficient capacity to serve the total occupant load are provided. F

905.7 Transoms: In corridor walls required to be fire rated by this code, existing transoms may be maintained if fixed in the closed position and fixed wired glass set in a steel frame or other approved glazing shall be installed on one side of the transom. F

Exception: Transoms conforming to 904.4.2 shall be accepted.

905.8 Finishes: Where finish materials are required to have a flame-spread classification of Class C or better in accordance with NFPA 101, Life Safety Code for new construction, existing nonconforming materials shall be surfaced with an approved fire-retardant paint or finish. F

Exception: Existing nonconforming materials need not be surfaced with an approved fire-retardant paint or finish when the building is equipped throughout with an automatic fire suppression system installed in accordance with NFPA 13, and the nonconforming materials can be substantiated as historical in character.

905.9 One-hour fire-resistive assemblies: In buildings protected throughout by a fire alarm system installed in accordance with 602.6 or an automatic suppression system in accordance with NFPA 13 or NFPA 13R, where one-hour fire-resistive construction is required by this code, it need not be provided regardless of construction or occupancy where the existing wall and ceiling finish is wood lathe and plaster or provides an approximate twenty (20) minute rating. F

905.10 Stairs and railings: Existing stairways shall comply with the requirements of this Code. The local jurisdiction shall grant alternatives for historically significant stairways and railings if alternative stairways are found to be acceptable or if judged as meeting the intent of this Code. Existing open stairways shall comply with 904.10. F

905.11 Exit signs: The local jurisdiction may accept alternate exit sign locations where such signs would have an adverse effect upon the historical character. Such signs shall identify the exits and exit path. F

905.12 Exit stair live load: Existing historical stairways in buildings changed to Groups R-1 and R-2 shall be accepted where it can be shown that the stairway can support 75 pounds per square foot live load. B

905.13 Natural light: When it is determined by the local jurisdiction that compliance with the natural light requirements of 705.1 will lead to loss of historical character and/or historical materials in the building, the existing level of natural lighting shall be considered acceptable. B

905.14 Energy Conservation: Historical buildings shall comply with the requirements of 706.0 to the fullest extent possible without altering the historical fabric of the building. B

NOTE: Where the section is followed by the letter "B", "F", or "O", the following meaning shall apply:

"B" This means that the Building Official or the Plumbing, Mechanical or Electrical Inspector shall review the plans, issue the permit, inspect the installation, and approve the final certificate.

"F" This means that the Fire Official shall review the plans for approval, the Fire Official and/or the Building Official inspects the installation, and the Fire Official observes the final test and approves the final installation. The Building Official shall issue the permits.

"O" This would indicate another State agency approval and inspection is needed. An explanation will indicate the agency and approvals needed.

Notes

510 R.I. Code R. 510-RICR-00-00-20.9