11-958 D Anderson Decision

February 8, 2011

Issue:  Whether a variance should be granted from 780 CMR 704.8 to allow a building to have windows within three feet of the lot line.

780 CMR 704.8 – Fire-Resistance-Rated Construction – Exterior Walls – Allowable Area of Openings.

11-959 Mass General Decision

February 8, 2011

Issue:  Whether the means of egress requirement should be enforced pursuant to 780 CMR 1018.1 and 1018.2 for an area of a public building only accessible to maintenance workers?

780 CMR 1018.1 – Means of Egress – Number of Exits and Continuity – Minimum Number of Exits

780 CMR 1018.2 – Means of Egress – Number of Exits and Continuity – Buildings with One Exit

11-960 K Hastings Decision

February 8, 2011

Issue:  Whether the corridor walls of the outpatient only section of a medical center must be fire-resistance rated.

780 CMR 1018. 1 – Means of Egress – Number of Exits and Continuity – Minimum Number of Exits

11-961 F Murtagh Decision

February 8, 2011

Issue:  Whether a variance should be granted when building plans designed a means of egress through intervening spaces.

780 CMR 1013.2 – Means of Egress – Exit Access – Egress Through Intervening Spaces

780 CMR 1022.4 – Means of Egress – Exterior Exit Ramps and Stairways – Side Yards

780 CMR 1022.6 – Means of Egress – Exterior Exit Ramps and Stairways – Exterior Ramps and Stairway Protection.

780 CMR 1023.3 – Means of Egress – Exit Discharge – Exit Discharge Location

11-962 F Keefe Decision

January 25, 2011

Issue:  Whether the decision of the City Building Inspector to revoke the appellant’s building permit because of an alleged cessation of work should be overturned.

780 CMR 111.8- Permits – Expiration of Permit

11-965 U Mass Amherst Decision

February 8, 2011

Issue:  Whether an alternative type of fire alarm may be allowed in an area designated to house laboratory animals.  Whether the appellant must install fire and smoke dampers in a single supply air duct.

780 CMR 707.10 – Fire-Resistance-Rated Construction – Shaft Enclosures – Ducts and Air Transfer Openings

780 CMR 716.5.3.1 – Fire-Resistance-Rated Construction – Ducts and Air Transfer Openings – Where Required – Shaft Enclosures

780 CMR 907.9.1 – Fire Protection and Life Safety Systems – Fire Alarm and Detection Systems – Alarm Notification Appliances – Visible Alarms

780 CMR 907.9.2 - Fire Protection and Life Safety Systems – Fire Alarm and Detection Systems – Alarm Notification Appliances – Audible Alarms

11-966 U Mass Build Auth Decision

February 10, 2011

Issue:  Whether appellant is required to install smoke and heat vents in a pedestrian walkway.

780 CMR 3104.11 – Special Construction – Pedestrian Walkways and Tunnels – Ventilation

780 CMR 3107.11 – Special Construction – Signs

11-968 K Hastings Decision

February 8, 2011

Issue:  Whether a variance should be granted to allow combustible material in architectural trim over 40 feet.  Whether an alternative design to a smoke exhaust system should be granted.

780 CMR 1406.2.2(2) – Exterior Walls – Combustible Materials on the Exterior Side of Exterior Walls - Combustible Exterior Wall Coverings - Architectural Trim

780 CMR 909.8.1 – Fire Protection and Life Safety Systems – Smoke Control Systems – Exhaust Method – Exhaust Rate

11-969 D Hunneyman Decision

February 8, 2011

Issue:  Whether to grant a variance from 780 CMR 5311.5.3.2 to allow the tread depth of stairs to be less than the required 9 inches.

780 CMR 5311.5.3.2 – Building Planning for Single and Two-Family Dwellings – Stairways – Stair Treads and Risers – Tread Depth

11-970 S Clawson Decision

March 8, 2011

Issue:  Whether proposed renovations to a horse barn require a Construction Supervisor License (CSL).  Whether proposed renovations require “construction controls.”  Whether to grant a variance to the windload requirements of the State Building Code.

780 CMR 108.3.5.2 – Administration – Rules and Regulations - Activities Requiring Licenses, Registration or Certification Exemptions from Construction - Licensing of Construction Supervisors - Supervisor License Requirement

 

780 CMR 116.1 – Administration – Registered Architectural and Professional Engineering Services – Construction Control - General

11-971 D Montini Decision.

March 16, 2011

Issue:  Whether a variance should be granted to allow the installation of a pile foundation with an elevation of 12 rather than the required 18.

780 CMR 5323.3 – Building Planning for Single and Two-Family Dwellings – Flood-Resistant Construction

780 CMR 5323.3.6 – Building Planning for Single and Two-Family Dwellings – Flood-Resistant Construction

11-972 Church Corner LLC Decision

March 17, 2011

Issue:  Whether a covering is required for an exterior staircase.  Whether a pipe located in a stairway must be moved.

780 CMR 1009.5.2 – Means of Egress – Stairways and Handrails – Stairway Construction – Outdoor Conditions

780 CMR 1019.1.2 – Means of Egress – Vertical Exit Enclosures – Enclosures Required – Penetrations

11-973 R Sebastian Decision

March 17, 2011

Issue:  Whether a handrail is needed on a staircase of three steps on a building located in a historic district.

780 CMR 5311.5.6 – Building Planning for Single and Two-Family Dwellings – Means of Egress – Stairways – Handrails

11-974 D Rushford Decision

March 17, 2011

Issue:  Whether sprinklers must be installed throughout an entire building during renovations to only one area of the building.

780 CMR 904.7 – Fire Protection and Life Safety Systems – Alternative Automatic Fire-extinguishing Systems – Foam Systems

11-975 R Martelli Decision.

March 28, 2011

Issue:  Whether a variance should be granted when the ceiling and window heights of a bedroom do not meet code.

780 CMR 5305 – Building Planning for Single and Two-Family Dwellings – Ceiling Height

780 CMR 5310.1.1 – Building Planning for Single and Two-Family Dwellings – Emergency Escape and Rescue Openings – Emergency Escape and Rescue Required – Minimum Opening Area

11-976 R Antle Decision

April 20, 2011

 

Issue:  What steps must the owners of a neighboring plot of land take if drainage from their land affects their neighbor?

780 CMR 5401.3 – Foundations – General – Drainage

780 CMR 120. J107.6 – Appendices – Grading – Fills – Maximum Slope

780 CMR 120.J108.3 – Appendices – Grading – Setbacks – Slope Protection

780 CMR 120.J109.4 – Appendices – Grading – Drainage and Terracing – Drainage Across Property Lines

780 CMR 120.J110 – Appendices – Grading – Erosion Control

780 CMR 120.J103.2 – Appendices – Grading – Permits Required - Exemptions

11-977 D Danielson Decision

April 15, 2011

Issue:  Whether the subject building’s use as a five-bedroom bed and breakfast facility was a “grandfathered” use and whether that use could continue without the issuance of a certificate of inspection from the town.

780 CMR 121.6 – Administration – Unsafe Structures – Remedy of Person Ordered to Remove a Dangerous Structure or Make it Safe.

11-979 L Williams Decision

May 23, 2011

Issue:  Whether a building classified as an R-2 use group, but seeking to be reclassified as an R-4 use group, can be exempt from installing a sprinkler system.

780 CMR 3408.1 – Existing Structures – Structural Requirements for Existing Buildings – General Requirements

780 CMR 903.1.2 – Fire Protection and Life Safety Systems – Automatic Sprinkler Systems

11-980 M LaRosa Decision

May 23, 2011

Issue:  Whether a fire protection system needs to be installed in a three family home, not occupied by the owner, which is undergoing renovation.

780 CMR 111.12 – Administration – Permits – Revocation of Permits

780 CMR 3404.12 – Existing Structures – Requirements for Continuation of the Same Use Group or Change to a Use Group Resulting in a Change in Hazard Index of One or Less - Fire Protection Systems Are Required for the Following Cases

11-981 The Northbridge Co. Decision

April 7, 2011

Issue:  Whether appeal application could be withdrawn.

780 CMR 1008.1.8 – Means of Egress – Doors, Gates, and Turnstiles – Door Operations

780 CMR 1008.1.8.6 (4-6) – Means of Egress – Doors, Gates, and Turnstiles – Door Operations – Delayed Egress Locks

11-983 B Chilton Decision

April 25, 2011

Issue:  Whether a four-unit apartment building needs an electronically-operated striker mechanism on the main entry door.

105 CMR 410.480(C) – Minimum Standards of Fitness For Human Habitation (State Sanitary Code, Chapter II) - Locks

11-984 K Hastings Decision

April 25, 2011

Issue:  Whether a planned renovation and addition could be allowed to comply with the 7th instead of the 8th edition of the Code.

11-985 F Smith Decision

April 27, 2011

Issue: Whether a variance should be granted to allow for the installation of a clean agent fire suppression system instead of a traditional water based sprinkler system.

780 CMR 901.2 – Fire Protection and Life Safety Systems – General – Required Systems

780 CMR 901.7.2.1 – Fire Protection and Life Safety Systems – General – Fire Protection Systems Approval/Acceptance – Authority – Alternative Fire Protection Design Methodologies – Independent Engineering Review

780 CMR 901.2.9 – Fire Protection and Life Safety Systems – General – Required Systems

780 CMR 903.3.1.1 – Fire Protection and Life Safety Systems – Automatic Sprinkler Systems – Installation Requirements – Standards – NFPA 13 Sprinkler Systems

11-987 Salisbury Beach Realty Decision

April 27, 2011

Issue: Whether a variance should be granted to allow for the installation of a galvanized wire mesh fence instead of a fire protection sprinkler system beneath an exterior deck.

780 CMR 3400.3(4) – Existing Structures – Scope – Applicability

780 CMR 3400.3(6) – Existing Structures – Scope – Applicability

780 CMR 904.3 – Fire Protection and Life Safety Systems – Alternative Automatic Fire-extinguishing Systems – Installation

11-988 D Contois Decision

April 27, 2011

Issue:  Whether a variance should be granted for a three-story atrium which is not fully sprinkled nor has a smoke control system.

780 CMR 708.2 – Fire-Resistance-Rated Construction - Fire Partitions - Materials

11-989 J A V Family Limited Partnership Decision

April 27, 2011

Issue:  Whether a second floor apartment needs to have an exterior stairway as a second means of egress.

780 CMR 3400.4.2.3 – Existing Structures – Special Provisions for Means of Egress – Fire Escapes – New Fire Escapes

11-990 M Joanis Decision

April 27, 2011

Issue:  Whether a variance can be granted to allow for the implementation of an alternate fire protection design.

780 CMR 901.7.2.1 – Fire Protection and Life Safety Systems – Fire Protection Systems Approval/Acceptance - Authority – Alternative Fire Protection Design Methodologies – Independent Engineering Review

11-992 MCAA Decision

June 14, 2011

Issue:  Whether a variance could be issued to allow for a five minute delay for a positive alarm sequence.

780 CMR 907.2 – Fire Protection and Life Safety Systems – Fire Alarm and Detection Systems – Where Required

780 CMR 907.2.1 – Fire Protection and Life Safety Systems – Fire Alarm and Detection Systems – Group A

NFPA 72-2007, §6.8.1.3.1.2

11-993 J Jensen Decision

June 6, 2011

Issue:  Whether a variance should be granted as to the minimum number of approved exits.

780 CMR 1021 – Means of Egress – Horizontal Exits

780 CMR 1021.1 – Means of Egress – Horizontal Exits.  For A-2 nightclubs

11-994-Eric Cote-ARE-MA-Decision

October 11, 2011

Issue:  Whether a variance should be granted regarding the proximity of the exterior walls to the adjacent interior lot lines.

780 CMR 415.3.1 – Special Detailed Requirements Based on Use and Occupancy – Groups H-1, H-2, H-3, H-4 and H-5 – Location on property – Group H Minimum Distance to Lot Lines.

780 CMR 602 – Types of Construction – Construction Classification

780 CMR 705.8 – Fire-Resistance-Rated Construction – Fire Walls - Openings

11-995 C Buttner Decision

June 3, 2011

Issue:  Whether a variance allowing the use of winder treads as a means of egress in a non-residential building could be granted.  Whether a variance should be granted to allow a vertical wheelchair lift to block a path of egress.

780 CMR 1009.4.3 – Means of Egress – Stairway Width – Stairway Landings

780 CMR 1005.2 – Means of Egress – Egress Width - Door Encroachment

11-997 Dow Jones Decision

June 15, 2011

Issue:  Whether a building undergoing renovations to its roof would be required to fireproof tits roof structure and be subject to building type I-B.

780 CMR 3406.1 – Existing Structures – Compliance Alternatives - General

11-998 W Cummington C Church Decision

June 15, 2011

Issue:  Whether the reconstruction of a historic building requires an exterior wall fire-resistance rating of one hour where the fire separation distance is less than five feet from an interior property line.

780 CMR 705.5 – Fire-Resistance-Rated Construction – Fire Walls – Horizontal Continuity

780 CMR Table 602 – Types of Construction – Construction Classification – Fire-Resistance Rating Requirements for Exterior Walls Based on Fire Separation Distance

11-999 K Hastings Decision

June 15, 2011

Issue:  Whether a variance to allow an alternative exhaust rate for the atrium control system of a library should be granted.

780 CMR 909.8.1 – Fire Protection and Life Safety Systems – Smoke Control Systems – Exhaust Method – Exhaust Rate

11-1000: Finia, LLC., v. Town of Braintree

June 14, 2011

Issue:  Whether a building that does not meet all the characteristics of a Night Club can still be classified as one.  Whether a variance should be granted to allow a means of egress to be less than the required dimensions.

780 CMR 1028.2 – Means of Egress

780 CMR 313.1.1 – Use and Occupancy Classification

11-1001 J King Decision

June 16,2011

Issue:  Whether a variance should be granted to allow a staircase to an apartment to be less than the required width due to space limitations.

780 CMR 1009 – Means of Egress – Stairways and Handrails

11-1002 L Caswell Decision

June 16, 2011

Issue:  Whether a no-build easement suffices to satisfy the three-foot fire separation distance.

780 CMR 53202.2 – Building Planning for Single and Two-Family Dwellings – Location on Lot – Openings

11-1003 D Anderson Decision

June 16, 2011

Issue:  Whether Type IIIB buildings in Use Group B can exceed five stories.

780 CMR 504.1 – General Building Heights and Areas – Height Modifications - General

11-1004 A Iacovino Decision

June 30, 2011

Issue:  Whether a variance should be granted allowing for a smaller radius of a circular stairway than required by code.  Whether perforated/mesh risers could be used instead of solid risers.

780 CMR 1009.7 – Means of Egress – Stairways and Handrails – Circular Stairways

780 CMR 1009.3.2 – Means of Egress – Stairways and Handrails – Stair treads and Risers - Profile

11-1005 Town of Grafton Decision

June 30, 2011

Issue:  Whether a variance should be granted from the Code’s nonseperated uses requirement, including the automatic sprinkler system increase.

780 CMR 302.3.1 – Use and Occupancy Classification – Classification – Mixed Occupancies – Nonseparated Uses

780 CMR 504.2 – General Building Heights and Areas – Height Modification – Automatic Sprinkler System Increase

11-1006 N Micozzi Decision

June 29, 2011

Issue:  Whether a variance should be granted to allow the minimum stairway tread depth to be less than nine inches.

780 CMR 5311.5.3.2 – Building Planning for Single and Two-Family Dwellings – Means of Egress – Stairways – Stair Treads and Risers – Tread Depth

11-1007 Blue Heron Pond Decision

June 29, 2011

Issue:  Whether all construction must comply with the 2009 IECC and the Stretch Code.

780 CMR 51.00-99.00

11-1008 V Woodworth Decision  docx format of Docket#11-1008VWoodworthDecision.docx

November 4. 2011

Issue:  Whether the appellant should be granted variances from the IEBC’s height and area requirements, fire barrier requirements, and seismic force requirements.

IEBC 912.5.1 – Fire Protection Systems – Fire Department Connections – Backflow Protection

IEBC 912.5.3 – Fire Protection Systems – Fire Department Connections – Backflow Protection

IEBC 907.3.1 – Fire Protection Systems – Fire Alarm and Detection Systems – Fire Safety Functions

11-1008 Order On Motion To Reconsider

December 28, 2011

Issue:  Whether a request for a rehearing should be granted.

11-1009 R Carasitti Decision

September 30, 2011

Issue:  Whether a variance should be granted to allow for the limited use of delayed egress features.

780 CMR 1017.4.1.2 – Means of Egress – Exits

11-1010 City Square 11 Decision

November 7, 2011

Issue:  Whether a greater amount of protected exterior openings should be granted.  Whether to allow the installation of a vestibule smoke proof enclosure in lieu of a fire service access elevator.

780 CMR 705.8 – Fire-Resistance-Rated Construction – Fire Walls – Openings

780 CMR 403.6.1 – Special Detailed Requirements Based on Use and Occupancy – High Rise Buildings – Emergency Voice/Alarm Communication Systems

Docket 11-1011 J Raisz Decision

August 12, 2011

Issue:  Whether appellant should be granted a variance from the minimum ceiling height requirement

(780 CMR §1208.2) due to the hardship and a possible ground water infiltration of the living space.

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

11-1012 R Edwards Decision.

October 11, 2011

Issue:  Whether a variance should be granted to allow an opening in a fire wall constructed on a lot line between adjacent buildings which are used or adapted for joint service between two buildings. 

Whether a building more than 70 feet in height above grade plane needs to have a minimum of one fire service access elevator.

780 CMR 705.8.1 – Fire-Resistance-Rated Construction – Fire Walls – Openings

780 CMR 403.6.1 – Special Detailed Requirements Based on Use and Occupancy – High Rise Buildings – Emergency Voice/Alarm Communication Systems

11-1013 PPC Land Ventures Decision

November 7, 2011

Issue:  Whether a 17-story mixed use building was in violation of the code.

780 CMR 403.6.1 – Special Detailed Requirements Based on Use and Occupancy – High-Rise Buildings – Emergency Voice/Alarm Communication Systems

780 CMR 1015.1 – Means of Egress – Exit Access Travel Distance – Travel Distance Limitations

11-1014 J Beckman Decision

October 17, 2011

Issue:  Whether the basement of a single family home could be rebuilt into a playroom and exercise room when the ceiling would measure below the minimum height required by code.

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

780 CMR 5311.4.2.1 – Building Planning for Single and Two-Family Dwellings – Means of Egress – Doors – Exit Door Types and Sizes – Interior Doors

11-1014 J Beckman Decision

October 17, 2011

Issue:  Whether the basement of a single family home could be rebuilt into a playroom and exercise room when the ceiling would measure below the minimum height required by code.

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

780 CMR 5311.4.2.1 – Building Planning for Single and Two-Family Dwellings – Means of Egress – Doors – Exit Door Types and Sizes – Interior Doors

11-1014 J Beckman Decision

October 17, 2011

Issue:  Whether the basement of a single family home could be rebuilt into a playroom and exercise room when the ceiling would measure below the minimum height required by code.

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

780 CMR 5311.4.2.1 – Building Planning for Single and Two-Family Dwellings – Means of Egress – Doors – Exit Door Types and Sizes – Interior Doors

11-1015 Acton Comm Access TV Decision.

October 17, 2011

Issue:  Whether a residential type stove can be installed into a television studio for occasional use on a television show.

International Mechanical Code 507.2.3

11-1016 K Hastings Decision

October 17, 2011

Issue:  Whether a five story university residence building must have carbon monoxide protection installed as part of interior renovations.

IEBC 102.2.1.2(1)

780 CMR 916.1 – Fire Protection and Life Safety Systems

11-1017 K Hastings Decision

October 17, 2011

Issue:  Whether a five story university residence building must have carbon monoxide protection installed as part of interior renovations.

IEBC 102.2.1.2(1)

780 CMR 916.1 – Fire Protection and Life Safety Systems – Carbon Monoxide Protection – General

11-1018 P Chipman Decision

November 8, 2011

Issue:  Whether an order to vacate from a residential apartment which does not have a certificate of occupancy should be upheld.

780 CMR 120.1 – Administration – Certificate of Occupancy – General.  New Buildings and Structures

11-1019 T Theriault Decision

November 8, 2011

Issue:  Whether a front entry door of an apartment needs an electronically operating door striker mechanism and intercom system.

M.G.L c. 143 – Inspection and Regulation of, and Licenses For, Buildings, Elevators, and Cinematographs – Section 3R; Apartment Houses; Exterior Doors and Locks

11-1020 W Lemon Decision

November 3, 2011

Issue:  Whether a building permit and the installation of a sprinkler system were needed for a construction project which constituted a change of use under the Code.

780 CMR 303.1.1 – Use and Occupancy Classification – Assembly Group A – Assembly Group A – Nonaccessory Assembly Use

780 CMR 110.1 – Administration – Application for Permit – Permit Application

780 CMR 110.7.2 – Administration – Application for Permit – Construction Documents – Engineering Preparation of Construction Documents

780 CMR 3404.12 – Existing Structures – Requirements for Continuation of the Same Use Group of Change to a Use Group Resulting in a Change in Hazard Index of One or Less – Fire Protection Systems Are Required for the Following Cases

780 CMR 3400.3(1) – Existing Structures – Scope – Applicability

11-1021 Roman Catholic Springfield Decision

November 8, 2011

Issue:  Whether a variance could be granted from the height and area requirements of 780 CMR 503.

780 CMR 503 – General Building Heights and Areas – General Height and Area Limitations

11-1022 & 1028 B P Seven Decision

October 19, 2011

Issue:  Whether a variance could be granted to allow the omission of a fire wall at an interior lot line.

780 CMR 706.1 – Fire-Resistance-Rated Construction – Fire Barriers – General

780 CMR 706.2 – Fire-Resistance-Rated Construction – Fire Barriers – Materials

780 CMR 706.6 – Fire-Resistance-Rated Construction – Fire Barriers – Exterior Walls

780 CMR 706.8 – Fire-Resistance-Rated Construction – Fire Barriers – Penetrations

780 CMR 602 – Types of Construction – Construction Classification

780 CMR 705.8 – Fire-Resistance-Rated Construction – Fire Walls – Openings

780 CMR 415.3.1 – Special Detailed Requirements Based On Use and Occupancy – Groups H-1, H-2, H-3, H-4 and H-5 – Location on Property – Group H Minimum Distance to Lot Lines

11-1023 E Jules Decision

November 8, 2011

Issue:  Whether the holding of the Inspectional Services Department should be vacated and subsequently reviewed by the Commonwealth’s Architectural Access Board.

521 CMR 28.12 – Architectural Access Board – Elevators – Wheelchair Lifts/Limited Use Elevators

11-1023 J Emmanuel Decision

November 8, 2011

Issue:  Whether the holding of the Inspectional Services Department should be vacated and subsequently reviewed by the Commonwealth’s Architectural Access Board.

521 CMR 28.12 – Architectural Access Board – Elevators – Wheelchair Lifts/Limited Use Elevators

11-1024 J Carrera Decision

November 8, 2011

Issue:  Whether the ISD’s decision should be amended by approving of Appellant’s decision to install a stairway to the basement.  Whether a variance should be granted regarding minimum ceiling heights due to pre-existing conditions of the building.

780 CMR 1001.2 – Means of Egress – Administration – Minimum Requirements

780 CMR 1008.1.1 – Means of Egress – Doors, Gates and Turnstiles – Doors – Projections into Clear Width

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

IBC c.27 and 28

11-1025 W Dow Decision

November 8, 2011

Issue:  Whether a variance should be granted for the installation of an additional locked door in an inpatient mental health area.

780 CMR 1008.1.9.6 – Means of Egress – Doors, Gates, and Turnstiles – Doors – Panic and Fire Exit Hardware

11-1027 JRC Assisted Living Decision

November 8, 2011

ISSUE: Whether to allow Appellant variances to doorway and signage requirements at assisted living facility.

8th Ed 780 CMR 705.8 – Fire Walls – Openings

8th Ed 780 CMR 1008.1.8.6(5) – Doors, Gates and Turnstiles – Doors – Door Operations – Delayed Egress Locks

11-1029 R Connelly Decision

November 9, 2011

ISSUE: Whether to grant Appellant variance to parking and stairway construction requirements.

7th Ed 780 CMR 508.4 – Special Provisions – Parking Beneath Group R

7th Ed 780 CMR 1009.5 – Stairways and Handrails – Stairway Construction

11-1030 Robert Talbo Decision

December 7, 2011

ISSUE: Whether to grant Appellant’s request to preclude occupancy of a building on abutting property.

11-1031 P McEachern Decision

December 27, 2011

ISSUE: Whether to grant Appellant variance for window installations because Code-compliant windows would conflict with Historic District Commission requirements.

8th Ed 780CMR 1609.1.2 – Wind Loads -

8th Ed 780CMR 1715.5.1

11-1034 Whitcomb Pines LLC Decision

December 8, 2011

ISSUE: Whether to grant Appellant variance to sprinkler system requirement for phased residential condominium development.

780 CMR 903.2.8 – Automatic Sprinkler Systems – Where Required – Group R

11-1035 Maple Ave Meadows LLC Decision

November 29, 2011

ISSUE: Whether to grant Appellant variance to required two means of egress on normal level of entry.

7th Ed 780 CMR 5311.4.1 – Means of Egress – Doors – Exit Doors Required

11-10367-41 Charlton LLC Decision

December 27, 2011

Issue:  Whether appellant’s building permit could still be considered valid when he failed to work in a continuous manner due to financial hardship.

780 CMR 111.7 – Administration – Permits – Hazards to Air Navigation

780 CMR 111.8 – Administration – Permits – Expiration of Permit

11-1037 Needham S Popper Decision

December 7, 2011

ISSUE: Whether to allow Appellant to create new door access to sprinkler facilities located beneath stairway landing.

7th Ed 780 CMR 1019 – Vertical Exit Enclosures

11-1038 thru 11-1042 Mechanic Mill One Decision

December 7, 2011

ISSUE: Whether to grant Appellant variances for project converting existing factory/office spaces within brick mill building to mixed use building, subject to certain historic restrictions.

8th Ed 780 CMR 1009.4 – Stairways and Handrails – Stairway Landings

8th Ed 780 CMR 1012.6 – Guards -

8th Ed 780 CMR 1022.3 – Exterior Exit Ramps and Stairways – Open Side

8th Ed 780 CMR 1022.6 – Exterior Exit Ramps and Stairways – Exterior Ramps and Stairway Protection

8th Ed 780 CMR 1301.1.1 – Energy Efficiency – Criteria

11-1043 M Burke Decision

November 28, 2011

ISSUE: Whether Appellant possesses minimum qualifications necessary to sit for building official certification examination.

780 CMR 110.R7 – Certification of Inspectors of Buildings, Building Commissioners and Local Inspectors

M.G.L. c. 143 § 3 – Inspector of buildings or building commissioner; local inspectors; employment and designation; qualifications; city or town without local inspectors

11-1044 P Leoutsakos Decision

December 13, 2011

ISSUE: Whether to grant Appellant variance to sprinkler requirement for renovations converting units from use group A-2r to R-2.

7th Ed 780 CMR 903.2.8 – Automatic Sprinkler Systems – Where Required – Group R

11-1045 P Cavicchi Decision

December 13, 2011

ISSUE: Whether to grant Appellant variance for required second means of egress from tunnel vent building.

780 CMR 1021.32 – Horizontal Exits -

11-1047 D Brown Decision

December 13, 2011

ISSUE: Whether required emergency escape rescue opening must be within habitable space in finished basement.

7th Ed 780 CMR 5310.1 – Emergency Escape and Rescue Openings – Emergency Escape and Rescue Required

8th Ed 780 CMR R310.3 – Bulkhead Enclosures

11-1048 M Aziz Decision

December 13, 2011

ISSUE: Whether to grant Appellant variance to minimum width requirement for bedroom window installed.

7th Ed 780 CMR 5310 – Emergency Escape and Rescue Openings

11-1049 Dominion Energy Decision

December 19, 2011

ISSUE: Whether to grant Appellant variances necessary for completion of power station.

7th Ed 780 CMR 905.3.1 – Standpipe Systems – Required Installations – Building Height

7th Ed 780 CMR Table 1018.2 – Number of Exits and Continuity – Buildings with One Exit

11-1050 MBTA Decision

December 19, 2011

ISSUE: Whether to allow the MBTA to leave station unstaffed.

130 NFPA 5.5.6.3.5.3

11-1052 T Peterman Decision

December 19, 2011

ISSUE: Whether to grant Appellant variance for window installations completed pursuant to changing building from cinema to grade school.

8th Ed 780 CMR Table 1604.11 – General Design Requirements – Ground Snow Loads; Basic Wind Speeds; Earthquake Design Factors

8th Ed 780 CMR 1604.11 – General Design Requirements – Snow, Wind and Earthquake Design Factors

11-1053 R Mihalek Decision

December 19, 2011

ISSUE: Whether to allow Appellant to continue parking in area that partially blocks exit discharge to public way.

8th Ed 780 CMR 1002.1 – Definitions

11-1054 Bruner-Cott Decision

December 19, 2011

ISSUE: Whether to grant Appellant variance to allowable building height for group R-2 use.

8th Ed 780 CMR Table 503 – Allowable Height and Building Areas

8th Ed 780 CMR 506.3 – Area Modifications – Automatic Sprinkler System Increase

11-1055-1063 R Bonvie Decision

December 30, 2011

ISSUE: Whether to allow Appellant to use anti-freeze in fire protection sprinkler systems in residential condominium complex.

780 CMR 903.3.1.4 – Automatic Sprinkler Systems – Installation Requirements – Standards – Antifreeze

11-1064 G Hathaway Decision

January 9, 2012

ISSUE: Whether to grant Appellant variance for stairway installed in Fire Department’s garage/maintenance facility.

8th Ed 780 CMR 1009.0 – Stairways and Handrails

11-1065 GP Pines LLC Decision

January 9, 2012

ISSUE: Whether Appellant must install hallway in unfinished basement to create second means of egress.

7th Ed 780 CMR 5311.4.1 – Means of Egress – Doors – Exit Doors Required

11-1066 Newton Loans LLC Decision

January 18, 2012

ISSUE: Whether Appellant must install sprinkler system when there is no change in use group.

8th Ed 780 CMR 901 – General

8th Ed 780 CMR 903 – Automatic Sprinkler Systems

11-1067 J Cole Decision

January 18, 2012

ISSUE: Whether Appellant must install exhaust hood over pizza ovens.

2009 IMC 507

11-1069 L Stroker Decision

January 18, 2012

ISSUE: Whether to grant Appellant variance for ship ladder access to dwelling unit roof deck.

780 CMR 1009 – Stairways and Handrails

11-1070 C Plante Decision

January 30, 2012

ISSUE: Whether to allow variance from Stretch Energy Code.

780 CMR 120.AA

780 CMR 9307 – Energy Conservation Provision

11-971 D Montini Decision.

March 16, 2011

Issue:  Whether a variance should be granted to allow the installation of a pile foundation with an elevation of 12 rather than the required 18.

780 CMR 5323.3 – Building Planning for Single and Two-Family Dwellings – Flood-Resistant Construction

780 CMR 5323.3.6 – Building Planning for Single and Two-Family Dwellings – Flood-Resistant Construction

11-1072 E McKechnie Decision

January 30, 2012

ISSUE: Whether to grant variance for windows installed pursuant to town’s historic district rules.

780 CMR 1029.2

780 CMR 1609.1.1 – Window Loads – General – Limit to Wind Tunnel Procedure

11-1073 R Riddle Decision

February 7, 2012

ISSUE: Whether to grant Appellant variance from seismic force requirement for reclassified building.

780 CMR 907.3.1 –Fire Alarm and Detection Systems – Manual Fire Alarm Boxes – Location

11-1074 M Fredburg Decision

February 7, 2012

ISSUE: Whether to allow variance for conversion of second floor storage space to living space in detached garage.

780 CMR 302 – Classification

11-1075 L Vieira Decision

January 30, 2012

ISSUE: Whether to uphold building official’s determination regarding second means of egress in six-dwelling unit.

8th Ed 780 CMR 1027

11-1076 D Lavine Decision

February 7, 2012

ISSUE: Whether to grant Appellant variances for portable storage structure.

780 CMR Table R301.2(4)

780 CMR Table R301.2(5)

11-1077 Cube 3 Studio LLC Decision

February 7, 2012

ISSUE: Whether to allow Appellant to construct two story parking structure.

780 CMR 509.2

11-1078 DCAM Decision

February 7, 2012

ISSUE: Whether to allow coiling doors to and from bathhouses at pool to operate as security doors.

780 CMR 1008.1.2 – Doors, Gates and Turnstiles – Doors – Door Swing

11-1079 Ashfield House Decision  docx format of Docket#11-1079AshfieldHouseDecision.docx

February 8, 2012

ISSUE: Whether to grant Appellant variance from door buzzer system requirement for 18 unit building.

105 CMR 410.480 – Standards of Fitness for Human Habitation (State Sanitary Code, Chapter II) – Locks

11-1080 Cocca Development Decision

February 8, 2012

ISSUE: Whether building official has jurisdiction over electrical transformer owned by electrical company on Appellant’s property.

8th Ed 780 CMR 120.G501.7 – Flood Hazard Zones – Protection of Mechanical and Electrical Systems in a Flood-hazard Zone

11-1081 B Kellogg Decision

February 28, 2012

ISSUE: Whether to grant variance to allowable area for addition to existing building.

780 CMR 503.00 – General Height and Area Limitations

IBC 2009 Table 503

IEBC 2009 1301.2.3

11-1082 Tzu Chi Foundation Decision

February 28, 2012

ISSUE: Whether to grant Appellant variance to minimum ceiling height requirement.

780 CMR 1208.2 – Interior Space Dimensions – Minimum Ceiling Heights

11-1083 K Kaylor Decision

February 28, 2012

ISSUE: Whether to grant Appellant variance to sprinkler requirement in building changed from business use to mixed-use business and dwelling.

2009 IEBC 912.2.1

2009 IEBC Table 903.2

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