10-838 S Steinberg Decision

July 14, 2010

ISSUE: Whether Appellant should be granted a variance from 780 CMR 1208.2 because of the hardship of complying with both the Building Code and the local zoning ordinance.

780 CMR 1208.2 – Interior Environments – Interior Space Dimensions – Minimum Ceiling Heights

10-839 A Aftandilian Decision

July 14, 2010

ISSUE: Whether Appellant should be granted a variance from 780 CMR 1018.1 in order to allow for a single means of egress.

7th Ed 780 CMR 1018.1 – Means of Egress – Minimum Number of Exits for Occupant Load

10-840 R J & T Lawrence Decision

December 29, 2010

ISSUE: Whether Appellant should be granted a variance from 780 CMR 5305.1 because a new heating system created height clearance issues

780 CMR 5305.1, Exceptions #1 and #5 – Building Planning for Single- and Two-Family Dwellings – Ceiling Height – Minimum Height 

10-842 A Fakharzadeh Decision

July 8, 2010

ISSUE: Whether Appellant should be granted a variance from 780 CMR 1208.2 for the 7’3” ceiling height in the 500 sq. ft renovated space.

7th Ed 780 CMR 1208.2 – Interior Environments – Interior Space Dimensions – Minimum Ceiling Heights

10-844 G Kane Decision

August 5, 2010

ISSUE: Whether Appellant should be granted a variance from 780 CMR 1008.1.8.6 because complying would compromise its operations as an assisted living facility.

780 CMR 1008.1.8.6 – Means of Egress – Doors, Gates, and Turnstiles – Delayed Egress Locks

10-845 P Keane Decision

August 5, 2010

ISSUE: Whether a 24-hour emergency system and a mechanical lock system are adequate security measures warranting a variance from MGL c. 143 § 3R.

105 CMR 410.480 – Minimum Standards of Fitness for Human Habitation – Locks

M.G.L. c. 143 § 3R – Administration of the Government – Public Safety and Good Order – Inspection and Regulation of, and Licenses for, Buildings, Elevators and Cinematographs – Apartment Houses; Exterior Doors and Locks

10-855 V Maldonado Decision

June 11, 2010

ISSUE: Whether the Appellant should be granted a variance from 780 CMR § § 1208.2 and 1009.2 because the age of the property places limitations on meeting code requirements when the building is changing use.

780 CMR 1208.2 – Interior Environments – Interior Space Dimensions – Minimum Ceiling Heights

780 CMR 1009.2 – Means of Egress – Capacity of Egress Components – Minimum Width

10-859 J Sheehan Decision

August 4, 2010

ISSUE: Whether Appellant should be granted a six-month extension to complete the  Inspector of Buildings certification

7th Edition 780 CMR 110.R7.2.5 – Special Regulations R1-R7 – Certification of Inspectors of Buildings, Building Commissioners and Local Inspectors – Requirements for Initial Certification – Requirements for Certification as an Inspector of Buildings/Building Commissioner

10-860 E Sobolweski Decision

August 16, 2010

Whether the Appellant’s medical condition warrants an extension to allow more time to complete the Local Inspector certification per 780 CMR 110.R7.2.4

780 CMR 110.R7.2.4 – Special Regulations R1-R7 – Certification of Inspectors of Buildings, Building Commissioners and Local Inspectors – Requirements for Initial Certification – Requirements for Certification as a Local Inspector

10-861 P Wilderman Decision

September 7, 2010

ISSUE: Whether Appellant should be granted an extension to allow more time to complete the Local Inspector certification per 780 CMR 110.R7.2.4

780 CMR 110.R7.2.4 – Special Regulations R1-R7 – Certification of Inspectors of Buildings, Building Commissioners and Local Inspectors – Requirements for Initial Certification – Requirements for Certification as a Local Inspector

10-862 D Donoghue Decision

September 7, 2010

ISSUE: Whether Appellant’s physical and aesthetic hardships are sufficient to warrant a variance from 780 CMR 5311.4.3

7th ed 780 CMR 5311.4.3 – Building Planning for Single and Two Family Dwellings – Means of Egress – Doors – Landings at Doors

10-863 K Hastings Decision

August 16, 2010

ISSUE: Whether Appellant’s absence at public hearing requesting multiple variances from 780 CMR is grounds for dismissal of Appellant’s requests

780 CMR 3409.9 – Existing Structures – Historic Buildings -

780 CMR 503.1 – General Buildings Heights and Areas – General Height and Area Limitations – General

780 CMR 1019.1.4 – Means of Egress – Vertical Exit Enclosures – Enclosures Required – Vertical Enclosure Exterior Walls

780 CMR 1009.3 – Means of Egress – Stairways and Handrails – Stair Treads and Risers

10-866 E Rivera Decision

August 18, 2010

ISSUE: Whether Appellant’s two means of egress are adequate to grant a variance to 780 CMR 1009.3 and 780 CMR 1009.3.1

780 CMR 1009.3 – Means of Egress – Stair Treads and Risers

780 CMR 1009.3.1 – Means of Egress – Stair Treads and Risers – Dimensional Uniformity

10-867 DCAM J Mason Decision

ISSUE: Whether Appellant’s design provides a sufficient alternative to the fire-retardant-treated wood required by 780 CMR 603.1

7th ed 780 CMR 603.1 – Types of Construction – Combustible Material in Type I and II Construction – Allowable Materials

10-868 D CAM J Mason Decision

August 18, 2010

ISSUE: Whether Appellant’s safety features to mitigate the danger of a locked means of egress along with the importance of preventing escape from the courtroom are sufficient to warrant a variance to the 7th Edition 780 CMR 1008.1.8.6

7th ed 780 CMR 1008.1.8.6 – Means of Egress – Door Operations – Delayed Egress Locks

10-869 The New Welch Realty Trust Decision

August 18, 2010

ISSUE: Whether Appellant should be granted a variance to 780 CMR 5111.8 because pending litigation renders it impracticable to proceed with the work “in good faith continuously to completion” 

7th Ed 780 CMR 5111.8 – Administration for Single and Two Family Dwellings – Permits – Expiration of Permit

10-870 F Pellino Decision

August 18, 2010

ISSUE: Whether Appellant should be granted a variance from 780 CMR 3400.4.1(2) because the secondary means of egress are not unsafe and inadequate

7th Ed. 780 CMR 3400.4.1(2) – Existing Structures – Special Provisions for Means of Egress – Existing Non Conforming Means of Egress

780 CMR 1006.1 – Means of Egress – Means of Egress Illumination – Illumination Required

780 CMR 3400.4.2.2 – Existing Structures – Special Provisions for Means of Egress – Fire Escapes – Existing Fire Escapes

780 CMR 3400.4.2.4 – Existing Structures – Special Provisions for Means of Egress – Fire Escapes – Limitations

10-871 K Hastings UMass Med Decision

August 19, 2010

ISSUE: Whether a variance should be granted for the construction of an atrium wing that would otherwise require a mechanical smoke control system under 780 CMR 404.0 and a shaft enclosure under 780 CMR 707.2 Exception 7.

7th Ed 780 CMR 404.0 – Special Detailed Requirements Based on Use and Occupancy – Atriums

780 CMR 707.2 – Fire-Resistance-Related Construction – Shaft Enclosures – Shaft Enclosures Required

10-894 P Hart Decision

September 13, 2010

ISSUE: Whether the building permit’s failure to require the installation of a staircase along with the addition is sufficient to warrant a variance from 780 CMR 5311

780 CMR 5311 – Building Planning for Single and Two Family Dwellings – Means of Egress

10-897 Salem Towers Decision

September 9, 2010

ISSUE: Whether the hardships of complying with the provisions of a level two building under the 7th Edition of the Building Code are sufficient to grant a variance from the 7th Edition

(no specific provision given)

10-910 New England Group Decision

October 18, 2010

ISSUE: Whether Appellant must install sprinklers before obtaining a permit

7th Ed. 780 CMR 3401.0 – Existing Structures – Definitions

10-941 C Nelson Decision

January 11, 2011

Issue:  Whether the appellant should be granted a variance from the 7th Edition of 780 CMR 1081.1 and from 780 CMR 1091.1 regarding the minimum number of exits required per occupant load and whether exit stairways must be enclosed. 

780 CMR 1081.1- Number of Exits and Continuity – Minimum Number of Exits

780 CMR 1091.1- Vertical Exit Enclosures – Enclosures Required

10-945 K Rogers Decision

January 4, 2011

ISSUE: Whether the subject property is a single-family home or a dormitory within Use Group R-2

780 CMR 310.2 – Use and Occupancy Classification – Residential Group R – Definitions

10-950 A Metrano Decision

January 4, 2011

ISSUE: Whether Appellant should be granted a variance from 780 CMR 5305.1 because of the infeasibility of complying and the preexisting nature of the offending beam

780 CMR 5305.1 – Building Planning for Single- and Two-Family Dwellings – Ceiling Height – Minimum Height

10-951 Bed Bath & Beyond Decision

January 4, 2011

ISSUE: Whether to grant Appellant a variance to the required width of aisles and to the required sprinkler system for the commodities in the store.

780 CMR 118.1 – Administration – Violations – Unlawful Acts

780 CMR 424.5 – Special Detailed Requirements Based on Use and Occupancy – Bulk Merchandising Retail Buildings – Fire Suppression Systems

780 CMR 424.6– Special Detailed Requirements Based on Use and Occupancy – Bulk Merchandising Retail Buildings – Storage Arrangement

780 CMR 901.7.3 – Fire Protection and Life Safety Systems – General – Fire Protection Systems Approval/Acceptance – Fire Protection Systems Installation

10-953 J Eisenberg Decision

January 20, 2011

ISSUE: Whether Appellant’s alternative proposal is sufficient to grant a variance from 780 CMR 717.5

780 CMR 717.5 – Fire-Resistance-Related Construction – Concealed Spaces – Combustibles in Concealed Spaces in Type I or II Construction

10-954 J Eisenberg Decision

January 20, 2011

ISSUE: Whether the Building Official’s ruling that the Code does not allow for multiple story control areas is correct

780 CMR 414.2 – Special Detailed Requirements Based on Use and Occupancy – Hazardous Materials – Control Areas

10-955 R Armano Decision

January 20, 2011

ISSUE: Whether Appellant’s existing doorbells are sufficient to grant  a variance from 780 CMR 1008.1.8.8 and 105 CMR 410.480

780 CMR 1008.1.8.8 – Means of Egress – Doors, Gates and Turnstiles – Doors – Door Operations -
Apartment Houses; Exterior Doors and Locks

105 CMR 410.480 – Minimum Standards of Fitness for Human Habitation – Locks

10-956 R Weston Decision

January 20, 2011

ISSUE: Whether Appellant’s good faith attempts to have its building permit renewed are sufficient to grant a variance from 780 CMR 111.8

780 CMR 111.8 – Administration – Permits – Expiration of Permit