How Will New Building Codes Impact Jones Library Renovation? 

by Maria Kopicki and Maura Keene

Indy reporters met this week with Amherst Building Commissioner Rob Morra and Senior Building Inspector David Waskiewicz from the town’s Inspection Services Department (ISD) to clear up some persistent questions about the Jones Library demolition/expansion project related to the specialized stretch code adopted by the town in 2023. Morra and Waskiewicz acknowledged that the new code is complicated and is frequently being updated, so that there are many questions about a project as complex as the Jones Library project that will require careful study after detailed bid contracts are finalized. 

The ISD has not yet reviewed construction documents for either the version of the project that already went out to bid or for the version that is currently undergoing additional “value engineering” changes. If they were to discover at any point that plans or the actual building were not in compliance with code requirements, any necessary changes would have to be made, which could add unexpected costs to the project even if a bid is accepted. Waskiewicz indicated that the responsible party financially for these additional expenses “would not be known until after contracts were signed and construction was underway.” He added, “Cost overruns due to code compliance would be a matter resolved between the owner, contractor and designer, likely dependent on specifications and contract language.”

The ISD is responsible for making sure that any construction project complies with local and state codes. It reviews all construction documents and supervises project inspections to ensure they are compatible with various requirements, including energy, accessibility, and safety. Project designers may engage with ISD at any point, from conception to completion, and may request variances and exceptions, particularly for renovations of historic structures. Morra and Waskiewicz indicated that generally, their work is not initiated until after contractors have been hired, although designers for the Fort River school project have engaged in proactive discussions throughout the development of that project. The library and school projects are the town’s first major municipal construction projects since the Police Station was built decades ago.

The Jones project would also likely have to comply with the 10th edition of the building codes which will take effect January 1, 2025. It is anticipated that the ISD process will take several weeks and will also include a review of the construction logistics staging plan, which will need to be completed before any work can begin. A preliminary permit could be issued if the structural plans were found to be sound, while other parts of the project were still being evaluated. The project must also include some kind of energy efficiency rating. Penalties for noncompliance with the building code can be assessed, but that is generally not the approach taken by the ISD. The issuance of a Certificate of Occupancy, however, is sometimes withheld until required changes are made.

Designers are allowed to seek exemptions to the building code for historic structures, such as the 1928 portion of the Jones Library. This might include aspects related to energy efficiency, such as the building envelope (including insulation) and windows. However, if the original windows were to be replaced, they would have to be more energy efficient. Applications for variances with respect to accessibility must be made to the state, as the town cannot grant exceptions. 

During construction of projects, ISD performs frequent inspections. For the Jones project, they expect that a commissioning agent would be hired by the contractor to test all new and upgraded systems for performance. 

Until the ISD is actively involved in a project, specific items of code compliance remain uncertain. This contradicts some claims about an alternative repair and renovation approach to the building made by Library Director Sharon Sharry and the trustees. For example, during the August 6 Jones Library Trustee meeting, Library Trustee Farah Ameen asserted that in a repair project, the entire atrium roof would have to be replaced with triple glazing under the new stretch code. Waskiewicz, however, stated that “the Specialized Stretch Code only applies to new commercial construction and residential uses, not existing structures” and that “replacement of the skylight alone may not trigger the requirement for triple glazing, but that can’t be fully determined until the entire scope of work and path to energy compliance is understood”.