ComplyingWith Building Code Regarding STC and IIC

[MartyS]

I live in a building constructed in the early 1970's.  I've lived in this building for over 20 years and never heard a footstep above me until about 4 years ago when a new owner in the unit above me  his wall-to-wall carpet with wood.  Since then I've heard every footstep and ever since then I've heard every footstep.  The owner claims that he only has to meet the STC code which was in effect when the building received its building permit and does not have to meet the IIC code as that didn't exist back then.

My understanding is that building codes, in general, are not grandfathered unless you are doing repair or refurbishing with like kind, such as replacing carpet with carpet, etc.

Does a change in flooring from carpet to wood have to meet current building code?  If so, where do I file a complaint for violation of the state building code.  Since a permit isn't required to change flooring from carpet to wood, the city's planning department is very uninterested in this.

Marty

[johnbergstromslc]

In short, he's right.  Sorry.

If building codes were applied retroactively, we'd have to tear down/remodel trillions of dollars worth of property.  If the planning department isn't interested, you're out of luck in finding a solution.  Time to move.

[alexandertg5]

Marty S,

Technically, you may have the right to claim a private nuisance. As a practical matter, to be sucessful, you might have to obtain an acoustics engineer's opinion and an attorney.

I am dealing with the exact same scenario right now, i.e., wood floors installed in the condo above mine, both built in 1973 and my ceilings have only 1/2" drywall and no insulation. Both units are owner occupied.

I guess I may be posting in the wrong forum, but otherwise I have same facts.

By the way, I found an acoustics engineer who is giving me a break on his price (only charging me $500), but I had to do alot of leg work for him and provided him with photos of the inside of my ceilings, condo documents from Town Hall, floor ceiing plans at town hall, etc. and more. We found that the original declaration of condominium at Town Hall actually had a schedule describing the original materials, insulation (or lack thereof!) along particular walls/ ceilings/floors in the building.

I'm planning to battle the legal issues, but also probably will go ahead and rebuild my ceilings. All of this is expensive.

Technically, we may have legal rights but it may be expensive to battle them, and may be easier to just move, if you are  renting.

When you can hear constant continuous annoying motion above, that is a private nuisance.

My situation is similar n that in my state the Building Code in 1973 did not include a sound transmission standard. That still should not preclude you from claiming a private nuisance.

[joel]

Here are links to a couple of organizations that can possibly help you:
http://www.nonoise.org/
http://www.noiseconsultancy.com/
And there is a lot of great info at this link: http://www.bkl.ca/ 
Clik on the 'Selact News Item' drop box on the right for pertinent articles you can use.