A quick telephone call to your local building official should answer your questions.

You will need to bring the entire install up to current code. This is why water heaters used to cost $400 to install, and are now more like 2K to install.

I don't know about NC code. What I know is that code requires that the discharge from the TPRV go to a drain, that it not cause damage when it discharges and it must be visible.

All water heaters (including tankless) require a TPRV - so switching types doesn't change that. It MIGHT allow you to relocate the heater (I'm thinking tankless here) so that you can get it someplace that has a drain. Gas tankless would also eliminate the need for 2 heaters, presumably. Try to keep an open mind on gas tankless - even though you aren't sold on them.

Given that you are doing a major rehab, I don't think you are going to get anything grandfathered. But Charles Ross Homes is correct... a quick call will get that answered. That said, I can't imagine that if you make that call, someone isn't going to just cover their butt and require a drain.

The only way I see you getting something grandfathered is if you do the heater replacement completely separate from the overall remodel. In other words, wait 6 months until all the other work is done and then replace the heater.

Let me recommend an 80 gal hybrid electric heater. Very inexpensive to operate and will keep it down to one tank. You have an ideal install spot for it.

BTW: Looks like you have a well and iron in your water... consider a water softener as part of your overall remodel.

I called and they said “they can’t imagine a situation in a remodel where a drain or pan would be required”

Lucky you!

I would still go with a 80 gal hybrid electric heater.

Charles - I am still nervous! I sent an email to the lead plumbing inspector with the situation explained and asked about 1) if we replaced and 2) if we opted to replace with 2 instead of 1 and the reply was same as stated above. But I think we are going to go with a 119 gallon lite commercial grade instead, with a thermostatic mixing valve, pan with the WAG system and a pan alarm. Hope that’s reasonable but it seems to eliminate the gray area since code states replacements don’t have to have pan drains.

Hi, Lindsey,

The NC Existing Building Code classifies work into three different levels:

"Level 1 alterations include the removal and replacement or the covering of existing materials, elements, equipment, or fixtures using new materials, elements, equipment, or fixtures that serve the same purpose. Level 2 alterations include the reconfiguration of space, the addition or elimination of any door or window, the reconfiguration or extension of any system, or the installation of any additional equipment. Level 3 alternations apply where the work area exceeds 50 percent of the building area in any 12-month time period."

My take is that replacing the water heater would fall under level 1 (whether you replace it in kind or with the 119-gal light commercial unit) and the addition of another heater in series would fall under level 2. My concern is that the code official could classify the scope of work as Level 3 alterations if you're working on 50% or more of the building area which is typically the case in a whole-house remodel. In that case, you may be required to install a floor drain or a sump pump in the basement as a means of draining the hot water heater(s).

Charles - this is great info.

Would it matter if when we pulled the permit they didn’t require plans? In terms of what level?

We gutted to the studs, changed a few windows and doors, removed several partition walls, added additional partition walls and added a 23 ft steel beam when removing load bearing walls. Everything has passed inspection and nothing required plans.

Chief plumbing inspector stated he can’t imagine a situation where we would have to add a pan or drain, but I’m nervous 😁

Charles - the current water heater is working so we could choose to leave it for the time being.

When we replace, I’m leaning toward a 119 gallon lite commercial grade electric with thermostatic mixing valve, installed in a pan with the pan plugged with the WAG water shutoff and an alarm.

"When we replace, I’m leaning toward a 119 gallon lite commercial grade electric with thermostatic mixing valve"

Why? Are you running a laundromat out of your home? You have a 50 gal electric now?

Jake -

The one we are replacing is an 85 gallon electric. Haven’t used it because we haven’t lived in the house yet. Our current house has a 55 and we run out of hot water - we have 4 kids. Our current house runs out of hot water with just 2 bathrooms; the new house will have 4 showers all going in the morning at once.