By Ted Koffman
Director of government and community relations, College of the Atlantic, Bar Harbor
Co-chair, Natural Resources Committee of the Maine Legislature
New England, birthplace of America's industrial revolution, still contains historic remnants of its earliest water-powered mills, and numerous awesome, multi-storied, steam-powered factories adorned with cathedral-like clock towers that dominate the urban landscape. Six days a week, factory whistles beckoned men and women from rows of modest brick-faced homes arranged in neighborhoods within a short walk or trolley car ride to the factory floor ˆ and a tedious 12-hour work day.
Here in Maine, this architectural legacy offers largely untapped opportunities to developers and communities willing and able to rehabilitate and adapt old buildings to new and profitable 21st century uses. The breathtaking architecture and the sheer scale of these buildings excites the imagination of architects, developers, entrepreneurs and housing investors seeking to capitalize on under-utilized, abandoned and unappreciated assets.
But there are obstacles. After sitting empty for decades, these buildings can attract crime and create other hazards that become a liability for abutting property owners, degrading streetscapes and inhibiting downtown revitalization initiatives.
There are other impediments to reuse. Even investors and developers with the means and talent to renovate these historic buildings have thought twice about risking their time and money because of the problems and uncertainties created by building codes designed only for new, ground-up construction. Few municipalities make any provisions for a so-called "rehab code" designed for existing buildings (see "Old is beautiful," June 11, 2001).
A rehab code is a common sense alternative to meeting a set of comprehensive health and safety requirements intended to ensure that renovated existing buildings are comparatively safe to use. Without a rehab code, a developer must conform to new building codes calling for arbitrary dimensional and construction material requirements, which, while appropriate for new construction, is cost-prohibitive and impractical for an older building. Older buildings come with varying ceiling heights, stairways and floor plans, and were built without the advantage of current construction techniques and fire resistance ratings.
Without a rehab code the developer is required to conform to standards for stair widths, tread and riser dimensions, railing heights and other requirements intended for new structures, which can kill even the most promising projects, not least because the developer has no certainty about what will actually be required. Understandably, investors shy away from these uncertainties and risks.
Rehab codes follow some basic principles. The first, "Now is not the perfect time" suggests that when an owner is attempting to improve a building is not the best time to press for maximum additional work and investment. "Leave it no less safe" makes it clear that no rehab project should compromise a building's safety. Another principle emphasizes providing predictability, before a project starts, for the time and expense required of the developer. Finally, code requirements should be proportional to the scope of planned work. The code should aim for moderation and not be so demanding as to dissuade investment and incremental improvements.
In mid-April the Legislature's Business, Research, and Economic Development Committee unanimously recommended LD 472, which declares that the International Existing Building Code will be the required rehab code for those communities that choose to adopt one.
The IEBC offers a reasonable, time-tested, cost-effective and predictable approach to renovating older buildings and encouraging private investment, new business development and attractive housing opportunities, while increasing the community's property tax base.
Rehab codes have had dramatic effects in the states that adopt them. Once-shabby buildings are restored to their rightful place as proud community landmarks, offering prime locations near the center of cities and villages, accessible to retail and professional services, municipal offices, schools, churches, parks and public transportation.
Kevin Mattson of Harper's Development, a construction and property management firm based in Augusta, said the rehab code, if adopted, will make a big difference in his work, which has involved renovating historic buildings in Winthrop, Augusta, Stonington, Portland and other Maine communities. "Creation of a rehab code is the equivalent of an anti-sprawl effort that costs nothing," Mattson said. "Hundreds of buildings in this state are now confined to a future of deterioration and neglect due to the inflexibility of the current code. Applying a building code designed for new structures to an older structure is like fitting a square peg in a round hole."
The year following adoption of its rehab code in 1996, New Jersey experienced a 42% increase in rehabilitation projects, and another 20% the next year. Emily Templeton, a native of Bangor and rehabilitation code specialist for New Jersey, has assisted Maine in adopting a code. She points out that getting vacant buildings back into use provides substantial economic benefits and makes the buildings safer. She said, "Once occupied, you have people there every day looking out for the building and the neighborhood."
Restoring our historic older buildings to new uses shows respect for the hard-earned legacy of a bygone era, and creates the economic boost our historic downtowns need.
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