1.1 Scope, Applicability, and Referenced Codes

Scope, Applicability, and Referenced Codes

The International Property Maintenance Code (IPMC) serves as a critical regulatory document that jurisdictions adopt to ensure existing buildings and premises remain safe, sanitary, and habitable. Before examining specific property requirements, property maintenance and housing inspectors must thoroughly understand the foundational administrative provisions found in Chapter 1 of the IPMC.

Section 101: General Scope and Intent

The primary purpose of the IPMC is to establish minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance.

Intent of the Code (IPMC 101.3)

The code is designed to ensure public health, safety, and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. It is critical to recognize that the IPMC is an existing building code. It is not intended to govern new construction, except where explicitly referenced for the maintenance of those structures once built.

Severability (IPMC 101.4)

Administrative laws often include a severability clause. If a court of competent jurisdiction rules that a specific section, subsection, sentence, clause, or phrase of the IPMC is illegal or unconstitutional, that ruling does not affect the validity of the remaining portions of the code. This ensures the continuous enforceability of the broader maintenance standards even if one specific provision is struck down.

Section 102: Applicability

Understanding how and when the code applies is perhaps the most common challenge an inspector will face.

Resolving Code Conflicts (IPMC 102.1)

When working with extensive regulatory frameworks, conflicts are inevitable. The IPMC provides clear rules of interpretation:

• General vs. Specific: Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern.
• Code vs. Referenced Standards: Where differences occur between provisions of this code and the referenced standards, the provisions of the IPMC shall apply.

Maintenance Requirements (IPMC 102.2)

Equipment, systems, devices, and safeguards required by the IPMC or a previous regulation or code under which the structure or premises was constructed, altered, or repaired must be maintained in good working order.

A vital rule for property owners and operators is the prohibition against unauthorized discontinuation of services. No owner, owner's authorized agent, operator, or occupant shall cause any service, facility, equipment, or utility required under this code to be removed, shut off, or discontinued for any occupied dwelling, except for temporary interruptions necessary while repairs or alterations are in progress.

Application of Other Codes (IPMC 102.3)

The IPMC does not exist in a vacuum. Repairs, additions, or alterations to a structure, or changes of occupancy, must be done in accordance with the procedures and provisions of the broader International Code Council (ICC) family of codes, including:

• International Building Code (IBC)
• International Existing Building Code (IEBC)
• International Energy Conservation Code (IECC)
• International Fire Code (IFC)
• International Fuel Gas Code (IFGC)
• International Mechanical Code (IMC)
• International Residential Code (IRC)
• International Plumbing Code (IPC)

Workmanship (IPMC 102.5)

It is not enough for a repair to simply be completed; it must be completed correctly. Repairs, maintenance work, alterations, or installations caused directly or indirectly by the enforcement of this code must be executed in a workmanlike manner and installed in accordance with the manufacturer's instructions. "Workmanlike" generally implies that the work meets standard industry practices and does not create new hazards.

Historic Buildings (IPMC 102.6)

Strict adherence to the IPMC might destroy the historic fabric of certain buildings. Therefore, the provisions of this code are not mandatory for existing buildings or structures designated as historic buildings, provided that such buildings or structures are judged by the code official to be safe and in the public interest of health, safety, and welfare.

Referenced Codes and Standards (IPMC 102.7)

The codes and standards referenced in the IPMC (listed in Chapter 8) are considered part of the requirements of this code to the prescribed extent of each such reference.

Requirements Not Covered by Code (IPMC 102.8)

No code can anticipate every possible scenario. For situations involving the strength, stability, or proper operation of an existing fixture, structure, or equipment, or for public safety, health, and general welfare that are not specifically covered by the IPMC, the requirements shall be determined by the code official. This grants the code official significant discretionary authority to address unique safety hazards.