Application to Existing Buildings

(a)General. Buildings or structures to which additions, alterations or repairs are made shall comply with all the requirements for new buildings or structures except as specifically provided in this Section.

(b)Addition, Alterations and Repairs: More than Fifty Percent (50%). When additions, alterations or repairs within any 12-month period exceed fifty percent (50%) of the value of an existing building or structure, such building or structure shall be made to conform to the requirements for new buildings or structures.

(c)Additions, Alterations and Repairs: Twenty-Five Percent (25%) to Fifty Percent (50%). Additions, alterations and repairs COL9/7/2021 CH. 66 BUILDING LAW exceeding twenty-five percent (25%) but not exceeding fifty percent (50%) of the value of an existing building or structure and complying with the requirements for new buildings or structures may be made to such building or structure within any 12-month period without making the entire building or structure comply. The new construction shall conform to the requirements of this Chapter for a new building of like area, height and occupancy. Such building or structure, including new additions, shall not exceed the areas and heights specified in this Chapter.

(d)Additions, Alterations and Repairs: Twenty-Five Percent (25%) or Less. Structural additions, alterations and repairs to any portion of an existing building or structure, within any 12-month period, not exceeding twenty-five percent (25%) of the value of the building or structure, shall comply with all of the requirements for new buildings or structures, except that minor structural additions, alterations, or repairs, which are made by the building owner, lessee, or their full-time employees, families or friends, and not made by a hired contractor, which do not affect structural design or integrity of the house such as, but not limited to, painting, dry wall repair, finishing, siding, plumbing, interior wall construction or electrical repairs, may be made with the same material of which the building or structure is constructed, and may be made without application or notice to the building official. Such building or structure, including new additions, shall not exceed the areas in height specified in this Chapter.

(e)Nonstructural Alterations and Repairs: Twenty-Five Percent (25%) or Less. Alterations or repairs, not exceeding twenty-five percent (25%) of the value of an existing building or structure which are nonstructural and do not affect any member or part of the building or structure having required fire resistance, and which are made by the building owner, lessee, employee, family or friends and not made by a hired contractor, may be made with the same materials of which the building or structure is constructed, and may be made without a building permit, application or notice, to the building official when made within any twelve-month period. COL9/7/2021 CH. 66 BUILDING LAW

(f)Repairs: Roof Covering. Not more than twenty-five percent (25%) of the roof covering of any building or structure shall be replaced in any 12-month period unless the new roof covering is made to conform to the requirement of this Chapter for new buildings or structures. Roof coverings which are twenty-five percent (25%) or less, and are replaced within a 12month period, when replaced by the building owner, and are not replaced by a hired contractor, may be made without building permit, application or notice to the building official.

(g)Existing Occupancy. Buildings in existence at the time of the passage of this Chapter may have their existing use or occupancy continued if such use or occupancy was legal at the time of the passage of this Chapter, provided such continued use is not dangerous to life.

(h)Maintenance. All buildings or structures, both existing and new and all part thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by this Chapter in a building or structure when erected, altered or repaired, shall be maintained in good working order. The owner or his designated agent shall be responsible for the maintenance of buildings and structures.

(i)Unsafe Building Appendages. Parapet walls, cornices, spires, towers, tanks, statuary and other append ages or structural members which are supported by, attached to or a part of a building and which are in a deteriorated condition or are otherwise unable to sustain the design loads which are specified in this Chapter, are hereby designated as unsafe building appendages. All such unsafe building appendages are public nuisances and shall be abated in accordance with § 66504 or § 66506 of this Chapter.

(j)Historic Buildings. Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or continued use of a building or structure may be made without conformance to all of the requirements of this Chapter, when authorized by the building official provided:

(1)the building or structure has been placed on the Guam Register of Historical Places; COL9/7/2021 CH. 66 BUILDING LAW

(2)any unsafe conditions will be corrected in accordance with approved plans;

(3)any substandard conditions will be corrected in accordance with approved plans; and

(4)the restored building or structure will be less hazardous, based on life and fire risk, than the existing building.