2010 Appeals Board Decisions

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

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.

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

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 

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.

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

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

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

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

August 4, 2010

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

7^th 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

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

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

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

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

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

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

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

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 7^th Edition 780 CMR 1008.1.8.6

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

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

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

7^th 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

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

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

September 9, 2010

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

(no specific provision given)

October 18, 2010

ISSUE: Whether Appellant must install sprinklers before obtaining a permit

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

January 11, 2011

Issue:  Whether the appellant should be granted a variance from the 7^th 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

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

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

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

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

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

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

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