It might seem like an obvious statement: "If you own a property, you are responsible for its upkeep and maintenance." Simple and straightforward, right? Doesn't sound too complicated...
What you probably weren't thinking is that it means you have to maintain your property to the minimum safety standards of the most current adopted building code. If you live in a jurisdiction that has adopted the IPMC (International Property Maintenance Code), anyway. This includes the entire state of Louisiana - if you're somewhere else you'll have to go check. If the International Building Code or International Residential Code are adopted in your jurisdiction, then the IPMC is adopted by reference, unless specifically excluded in the legislation.
From the 2021 IPMC:
301.2 Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. ...
Now it's sounding a little more complicated. Do you, as an owner, need to become familiar with the entire building code in order to simply maintain your property? Well, unfortunately... yes, you do. At least enough to keep yourself out of trouble.
I would highly recommend that everyone who owns property or is looking to own property read Chapter 3 of the IPMC.
Under the 2021 IPMC and all before it, the IPMC made no distinction between the current code and the code under which a property was constructed. This meant that all property needed to be maintained to the current code, and there was no allowance for conflicts created by code changes since the construction was built. Ladd called this technicality "Grandpa died," as current code violations could no longer be 'grandfathered' in to existing constructions during their evaluation.
The newest 2024 IPMC has modified the language slightly:
301.2 Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements and the code under which the building was constructed, except as otherwise provided for in this code. ...
This is an important change, as it does reintroduce "grandfathering" of existing code violations, provided the violation is well maintained and meets the minimum safety standards otherwise outlined in the IPMC. However, if an element of a property needs to be rebuilt or replaced, the most current building code will still be applicable - it can not be constructed or repaired to the earlier outdated standards.
It's also a change that's not in effect yet in Louisiana, as the 2021 versions were only adopted in March of this year.
For most situations, though, this change will be entirely meaningless to the Owner of the property, as the IPMC minimum requirements apply regardless of the code under which the building was built, and any violations of those requirements must be repaired to the current code, which are often more strict than the minimum IPMC standards.
Where it will make a big difference will be in the evaluation of disputes over the safety of a building component that violates current safety standards versus earlier safety standards. For example, sprinkler systems are now required for many more building uses and sizes than were required not even 10 years ago. The new IPMC wording prevents an existing building from suddenly being considered "hazardous" because the owner failed to add a sprinkler system when the newer code was adopted.
So, many property Owners can breathe a collective sigh of potential liability and upgrade cost relief once the 2024 IPMC is officially adopted.
Even so, the partial reintroduction of "grandfathering" still doesn't excuse the code basics of property maintenance, which still contains a number of potential pitfalls if not navigated properly...
Eventually, I'll write another article outlining these additional pitfalls and how to avoid them.
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