Can an AHJ Enforce a Standard Over a Code?

4/18/2025

I have a project that has me perplexed.

Let's call it a very large bus station with retail, maintenance and other back of house entities. The facility is more than one million square feet where the people are and the busses are all staged around the exterior. There is a second level, but it too contains only back-of-house personnel, systems, and storage. The related codes are the International Fire Code (2021), the International Performance Code (2021), and Standard NFPA 130 (2020). The Design team has decided to not have sprinklers for the public concourse but have sprinklers everywhere else and reference NFPA 130 5.4.4.1 for omitting the sprinklers in the concourse.

Can an AHJ apply a standard over code without an amendment to the code(s)?

If so, what would the code to standard progression be outside of amendments?

In one state I've done work in for decades, the AHJ can only interpret the code and apply the standard as necessary. Not apply a standard and ignore the code. The facility exists and only the busses are exterior to the facility.

Thanks for your take on this.

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15 Comments

Pete H

4/18/2025 06:17:17 am

Is the state the AHJ and you are working in the same one you've done work in for decades?

Because in some states, the AHJ can override the code, the standards, whatever they see fit in the name of safety (they just better be able to explain themselves and their reasoning adequately).

So it might depend on state?

Matt H

4/18/2025 08:22:46 am

You describe this as a bus facility, I'd question if NFPA 130 would even apply. It is geared specifically for train / rail systems, and specifically excludes buses and trolley coaches. I would look back to the building code you are working in since that is what's going to tell you when to sprinkler. For a mixed use building of that size, I would be very surprised if it being partially unsprinklered would be allowed.

1.1.3
This standard shall not cover requirements for the following:
(1)
Conventional freight systems

(2)
Buses and trolley coaches

(3)
Circus trains

(4)
Tourist, scenic, historic, or excursion operations

(5)
Any other system of transportation not included in the definition of fixed guideway transit system(see 3.3.64.1) or passenger rail system(see 3.3.64.2)

1.1.4
To the extent that a system, including those listed in 1.1.3(1) through 1.1.3(5), introduces hazards of a nature similar to those addressed herein, this standard shall be permitted to be used as a guide.

Glenn Berger

4/18/2025 08:27:07 am

The basic answer to your question is "YES." The AHJ can interpret codes and standards and how are they applicable to each specific project.

You probably will have to provide justification for the decisions made in the design phase to indicate (why sprinklers were omitted and) how the codes / standards/ regulations are met.

Jesse

4/18/2025 08:37:47 am

Agree, I don't think 130 would apply except as allowed by 1.1.4

In my state of Texas, the State Fire Marshal's Office has adopted certain standards and codes that apply state-wide. Counties, muncipalities, and Emergency Services District can adopt stricter standards, and do through their ordinance process.

When I worked as an AHJ, my board had to formally adopt the code with whatever amendments that then I, could enforce. The fire marshal generally can not make policy - just execute policy.

My 2-cents is that there is a legal process for adopting code and the AHJs have to jump through those hoops. However, these are National Concensus standards and deviation, even when not adopted can be problematic in civil proceedings in the event of a large loss.

One other issue is that property insurers consider themsleves AHJs and always use the most recent edition of a standard or code. (This is going to be really big problem with 2025 NFPA 13 vs. earlier editions).

I'd be curious if your state has a state fire marshal that can weigh in

Dan Wilder

4/18/2025 08:42:02 am

The IBC has section 102.4 Referenced codes and standards - "The codes and standards in this code shall be considered to be part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2". That section is Chapter 35 under NFPA.

4.1 states that the code will override the standard when there are conflicts
4.2 states that if there is overlap between the subject matter covered by the IBC and another referenced code, the IBC's requirements will govern.

I would first review Chapter 35, and any AHJ amendments, to see if that NFPA is referenced. If it is not, it still can be utilized as an Alternate design method per 104.11 if the AHJ approves it (if this is a municipal project, I am leaning towards their acceptance of those additional standards).

M. Newell

4/18/2025 08:53:27 am

Dan is right people like to pick and choose certain design standards, but sometimes those design standards conflict with the code, or have requirements that are referenced in NFPA codes rather than the IBC.

One that comes to mind is NFPA 101 has some requirements that change, but a lot of jurisdictions do not adopt 101. So when you aren’t building the building to the requirements of the Life Safety Code, it would be unwise to use the allowances afforded by it.

Ryan K.

4/18/2025 08:43:58 am

The concept of preemption could prevent this situation from occurring, as the adopted code generally supersedes a referenced standard.

From a legal standpoint state statute generally overrules administrative rules as it is the legal process which enabled the permission to enact administrative rules. Similarly, a model code is adopted with previously vetted and correlated referenced standards, which have already withstood the scrutiny of the code development and adoption process.

For example, the fire code states not to install sprinklers into room XYZ, but NFPA 13 language directly conflicts as it states, "install sprinkler throughout the premises." In this case the fire code followed. As far as NFPA 13 is concerned, that room doesn't exist unless the fire code says.

However, you may have to investigate how the code was adopted, specifically if the code is the minimum requirement or whether the language specifically states the code is both the minimum and maximum requirement (a mini-max code).

Additionally, unless a standard specifically adopted at a local level, most standards are adopted by reference (a referenced standard with the model code) during the code adoption process. These standards could be amended during the adoption process, at both state and local levels.

If the code is adopted at the state level as the minimum requirement, then it is possible local municipality can adopt a more restrictive stance than the original code or standard language.

However, there should be an articulatable reason(s) (a Statement of Need and Reasonableness, or similar) which substantiates why the deviation from the adopted code or standard is justified. This is a legal process and cannot be enforced until the correct legal process was performed.

*Caveat: My comments certainly do not account for all circumstances as many states and local municipalities likely have more legal options than I am aware of.

Jerry Clark

4/18/2025 09:31:28 am

As it pertains to the core question of application of stricter standards, in order for the codes and standards to be enforceable by an Authority Having Jurisdiction (AHJ) on a building project, they must be formally adopted and codified by the jurisdiction through its legislative or regulatory processes, such as incorporation into local building codes, ordinances, or statutes. This adoption process ensures that the codes, such as the International Building Code (IBC) or National Fire Protection Association (NFPA) standards, have the force of law within the jurisdiction. Without such codification, the AHJ lacks the legal authority to mandate compliance. Jurisdictions may also choose to apply stricter requirements than those in the adopted codes, but these enhanced provisions must similarly be codified in a local ordinance or regulation to be enforceable. This ensures transparency, consistency, and legal grounding for any additional requirements imposed on building projects.

Todd E Wyatt

4/18/2025 11:38:37 am

The determination of the appropriate Occupancy Classification (OC) by the scoping Code (e.g. IFC-2021 & probably IBC-2021) will determine the appropriate Automatic Sprinkler System (ASPS) to be used.

The referenced ASPS standard (e.g. NFPA 13-2019) prescribes HOW a building’s/structure’s ASPS is to be designed, installed, inspected, and maintained.

Your description of a "large bus station with retail, maintenance and other back of house entities ... There is a second level, but it too contains only back-of-house personnel, systems, and storage."

The OC of this Project would probably be Groups B, A-2 & A-3, M, and S-1 per the following :

IBC-2021
Chapter 3 Occupancy Classification and Use

Section 303 Assembly Group A
303.3 Assembly Group A-2

303.4 Assembly Group A-3
Waiting areas in transportation terminals

Section 304 Business Group B
304.1 Business Group B
Business Group B occupancy includes, among others, the use of a building or structure, or a portion thereof, for office, professional or service-type transactions, including storage of records and accounts.
Waiting areas in transportation terminals

Section 309 Mercantile Group M

Section 311 Storage Group S
311.2 Moderate-Hazard Storage, Group S-1
Storage Group S-1 occupancies are buildings occupied for storage uses that are not classified as Group S-2 ...

Review of Chapter 9 Fire Protection and Life Safety Systems (see REFERENCES below) is then required to determine if an Automatic Sprinkler System (ASPS) per any of these (5) OCs is required :

Group A-2 = Yes, ASPS required (probably)
Group A-3 = Yes, ASPS required (probably)
Group B = No, ASPS not required
Group M = Yes, ASPS required (probably)
Group S-1 = Yes, ASPS required (probably)

Compliance with the adopted scoping Code (IBC-2021) and their Referenced Standards per Chapter 35 Referenced Standards. This chapter lists the standards that are referenced in various sections of this document. The standards are listed herein by the promulgating agency of the standard, the standard identification, the effective date and title, and the section or sections of this document that reference the standard. The application of the referenced standards shall be as specified in Section 102.4.

The scoping Code (IBC-2021) and the Referenced Standard (NFPA 13 – 2019) are the MINIMUM requirements.

Your statement that the "design team has decided to not have sprinklers for the public concourse but have sprinklers everywhere else and reference NFPA 130 5.4.4.1 for omitting the sprinklers in the concourse" is not permissible since this referenced standard (NFPA 130) is NOT referenced by the scoping Codes (IBC-2021 or IFC-2021).

4/18/2025 11:42:10 am

303.3 Assembly Group A-2
Group A-2 occupancy includes assembly uses intended for food and/or drink consumption including, but not limited to:

Restaurants, cafeterias and similar dining facilities (including associated commercial kitchens)
Taverns and bars

4/18/2025 11:39:09 am

REFERENCES

IBC-2021
Chapter 9 Fire Protection and Life Safety Systems
Section 903 Automatic Sprinkler Systems
[F] 903.2 Where Required

[F] 903.2.1 Group A
An automatic sprinkler system shall be provided THROUGHOUT buildings and portions thereof used as Group A occupancies as provided in this section.
[F] 903.2.1.2 Group A-2
An automatic sprinkler system shall be provided THROUGHOUT STORIES CONTAINING GROUP A-2 occupancies and THROUGHOUT ALL STORIES from the Group A-2 occupancy to and including the levels of exit discharge serving that occupancy where ONE of the following conditions exists:
1. The fire area exceeds 5,000 square feet (464 m2).
2. The fire area has an occupant load of 100 or more.
3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

[F] 903.2.1.3 Group A-3
An automatic sprinkler system shall be provided THROUGHOUT STORIES CONTAINING GROUP A-3 occupancies and THROUGHOUT ALL STORIES from the Group A-3 occupancy to and including the levels of exit discharge serving that occupancy where ONE of the following conditions exists:
1. The fire area exceeds 12,000 square feet (1115 m2).
2. The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

903.2.1.7 Multiple Fire Areas
An automatic sprinkler system shall be provided where MULTIPLE FIRE AREAS OF GROUP A-1, A-2, A-3 OR A-4 OCCUPANCIES SHARE EXIT OR EXIT ACCESS COMPONENTS and the COMBINED OCCUPANT LOAD OF THESES FIRE AREAS IS 300 OR MORE.

[F] 903.2.7 Group M
An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists:
1. A Group M fire area exceeds 12,000 square feet (1115 m2).
2. A Group M fire area is located more than three stories above grade plane.
3. The combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2230 m2).

[F] 903.2.9 Group S-1
An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists:
1. A Group S-1 fire area exceeds 12,000 square feet (1115 m2).
2. A Group S-1 fire area is located more than three stories above grade plane.
3. The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2230 m2).
4. A Group S-1 fire area used for the storage of commercial motor vehicles where the fire area exceeds 5,000 square feet (464 m2).

IBC-2021
Chapter 1 Scope and Administration

Section 102 Applicability

102.4 Referenced Codes and Standards

The codes and standards referenced in this code shall be considered to be part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2.

102.4.1 Conflicts

Where CONFLICTS occur between provisions of this CODE AND REFERENCED CODES AND STANDARDS, the provisions of this CODE SHALL APPLY.

102.4.2 Provisions in Referenced Codes and Standards

Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code or the International Codes specified in Section 101.4, the provisions of this code or the International Codes specified in Section 101.4, as applicable, shall take precedence over the provisions in the referenced code or standard.

IBC-2021

Chapter 35 Referenced Standards

NFPA 130 ... NO REFERENCES in IBC-2021

IFC-2021
Chapter 80 Referenced Standards
NFPA 130 ... NO REFERENCES in IFC-2021

Ed Berkel

4/18/2025 02:00:56 pm

It seems that most every comment has missed the point that the project is utilizing the International Performance Code and not the IBC. If the FPE's design meets the metrics agreed upon by the stakeholders, including the AHJ, there is nothing being overridden by the standard.

Jack G

4/18/2025 03:59:59 pm

Yes—- AHJ has the right to over ride. Most states indicate if the AHJ feels safety is compromised he can pretty much do anything.
Also—- all of the states have adopted the IBC in some year or form. The international performance code is second to the IBC so in areas of conflict the IBC over rides it.
Was the IPC Listed on the architects design code sheet ?
I doubt it’s in chapter 35 of the IBC of this state.

sean

4/20/2025 11:53:12 am

the stricter of the two shall apply.

the exemption in 130 doesnt matter if the performance or ifc require sprinklers.

Allan Wilson

5/4/2025 01:21:07 pm

In general, the answer to the question is No. If the Code and Standard are referencing the same situation, and the Code is more restrictive, then it wins.

Remember the Code references the standard, not vice versa

Can an AHJ Enforce a Standard Over a Code?

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