Four options for historical structure reworking
Question: I am a contractor and I have been requested to remodel
a house that may have been designated as an historic resource. What
should I be aware of when evaluating the remodel of a possible
historic house?
Answer: Whether a structure is deemed as an historic resource or
not will determine the type and amount of remodel that would be
permitted. Consequently, it is imperative to determine whether the
structure is historically significant or not.
Four options for historical structure reworking
By Miriam Schakat
Question: I am a contractor and I have been requested to remodel a house that may have been designated as an historic resource. What should I be aware of when evaluating the remodel of a possible historic house?
Answer: Whether a structure is deemed as an historic resource or not will determine the type and amount of remodel that would be permitted. Consequently, it is imperative to determine whether the structure is historically significant or not.
Any resource listed on the National or California Register is automatically deemed historically significant. Additionally, any structure in a local historic register or a local historic survey is deemed historically significant.
If a structure is not listed on the National State or Local Registers or inventories, then it still may be historic if it is greater than 50 years old and any of the following criteria area met: (i) an important event is associated with the structure; (ii) an important person is associated with the structure; or (iii) the structure represents some type of significant or important type of construction. A building may also be historic even if it is less than 50 years old if the building is deemed to be exceptionally important. This is a very high threshold of importance, such as Cape Canaveral, and is more difficult to meet than the regular historic threshold. In addition to being significant, the structure must have retained its integrity, or in other words, most of its historically significant features. Therefore, if the structure is 50 years old or greater, you should retain an historic consultant to prepare an initial evaluation. If the structure is deemed historic by the consultant, then the structure may only be remodeled according to the National Park Services’ secretary of interior standards. The historic consultant can aid in ensuring that the remodel is consistent with these standards.
The secretary of interior standards defines four treatments, or classes. They are preservation, rehabilitation, restoration and reconstruction.
Preservation focuses on retaining all historic fabric through maintenance, repair and conservation. Now exterior additions are not within the scope of this treatment. The limited upgrading of mechanical, electrical and plumbing systems and other code-required work to make the property functional is appropriate.
Rehabilitation permits more latitude for replacement because usually the property is more deteriorated. Repairs, alterations and additions are permitted if the portions convey the structure’s historical values.
Restoration is the act or process of accurately depicting the form, features and character of a property as it appeared at a particular period of time, while permitting removal of materials from other periods.
Reconstruction permits new construction to recreate the form, features and detailing of a non-surviving site, landscape, building, structure or object of a specific period of time in its historic location.
The treatment most widely used is the treatment of rehabilitation. This standard has been codified for use in the historic preservation tax incentive program (36 CFR 67). Rehabilitation assumes that at least some repair or alteration of the historic building will be required for contemporary use. These repairs and alterations must not damage or destroy historically significant features of the structure. A historic consultant should be retained to identify the historically significant features of the structure and then should also recommend the type of repairs or alterations permitted to preserve these features.
When rehabilitating an historic structure, the first step is to identify the materials and features that are important and that must be retained. It would be advisable to use the expertise of a historic consultant for this step. The historic structure should be protected and maintained because this involves the least degree of intervention and is preparatory for other work. For example, protection includes the maintenance of historic materials by such treatments as limited paint removal or rust removal. When the physical condition of the character defining features and materials is deteriorated, repairing is recommended. Repairs that require the least degree of intervention are recommended such as patching, piecing-in, or splicing. Repairs can also include the limited replacement of in-kind materials.
If a character-defining feature cannot be repaired, then it may be replaced with new material of the same kind. Under certain conditions, if in-kind or same material replacement is not feasible, then the use of compatible substitute material is permitted.
If a historically significant feature is missing, then it no longer plays a role in physically defining the historic character of the building unless adequate records exist to allow an accurate production. If such records do not exit, a replacement feature is permitted as long as it is compatible with the remaining character-defining features of the structure and it is differentiated so that avoids a false historical appearance.
Alterations and additions to an historically significant structure may be needed to assure its continued use, but these additions and/or alterations cannot radically change, obscure or destroy character-defining spaces, materials, features or finishes. The construction of exterior additions may be required for the new use of an historic structure, but the secretary of interior standards emphasize that such additions should be avoided. If such an addition cannot be avoided, then it should be designed so that the addition can be clearly differentiated from the historic building and the addition does not adversely affect the remaining character-defining features of the building.
The above steps are recommendations when rehabilitating an historically significant structure. The advice of an historic consultant should be used when remodeling an historic structure to ensure the character-defining features of the building will be preserved. One other time to keep in mind is that the historic integrity of a structure may still be diminished even though the changes were done according to the national secretary of interior standards.
This column is the work product of Lombardo & Gilles, PC, which has offices in Hollister and Salinas. Miriam Schakat is a lawyer with Lombardo & Gilles, PC, specializing in land use and can be reached at 888-757-2444 or Mi****@lo****.com. Mail your questions to Jeff Gilles, It’s the Law, c/o The Pinnacle, 380 San Benito St., Hollister, CA 95023 or contact Jeff at 888-757-2444 or je**@lo****.com.
