Decisions of the Appeals Board

The decisions of the Building Code Appeals Board are provided solely for purposes of demonstrating the manner in which the Board has previously decided certain issues. Given the unique nature of building, construction, and property related issues, however, these decisions are not considered binding precedent.

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2010
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Decisions 2010

10-888: Nottingham Street Realty Corp. v. City of Lowell (230kb)

June 3, 2010

Issue: Whether the Building Code Appeals Board has jurisdiction over matters not pertaining to the State Building Code, but instead arises from G.L. c. 139 which provides that the venue for an appeal arising out of the statute should be the superior court.

780 CMR 122.1 State Building Appeals Board

10-878: Shaul Perry v. Town of Amherst (967kb)

May 27, 2010

Issue: Whether the appellant should be granted variance from 7 ^th Edition 780 CMR 903.2.8 that requires a full NFPA 13 fire sprinkler system for a building with aggregate building area of 12,000 square feet or more.

780 CMR 901.7 - General - Fire Protection Systems Approval
780 CMR 903.2.8 - Automatic Sprinkler Systems - Where Required - Group R

10-877: MA Division of Capital Asset Mgmt. v. State Building Inspector file size 1MB (1.03mb)

May 27, 2010

Issue: Whether the appellant should be granted variance from requirements related to emergency voice/alarm and visual and audible alarm notification appliances in the 7 ^th Edition 780 CMR 907.2.12.2, 780 CMR 907.9.1, and 780 CMR 907.9.2, and whether the appellant should be granted variance from 7 ^th Edition 780 CMR 716.5.3.1 requiring fire and smoke dampers at duct penetrations of shaft enclosures.

780 CMR 907.2.12.2 - Fire Alarm and Detection Systems - Where Required - High-rise Buildings - Emergency Voice/Alarm Communication System
780 CMR 907.9.1 - Fire Alarm and Detection Systems - Alarm Notification Systems - Visible Alarms
780 CMR 907.9.2 - Fire Alarm and Detection Systems - Alarm Notification Systems - Audible Alarms
780 CMR 716.5.3.1 - Ducts and Air Transfer Openings - Where Required - Shaft Enclosures - Penetrations of Shaft Enclosures

10-875: Lasell College v. City of Newton (749kb)

May 18, 2010

Issue: Whether the appellant should be granted variance from 7 ^th Edition CMR 3400.4.1.1 which requires every space and/or story to be provided with a number of means of egress no less than the minimum required by Code Section 1018.1.

780 CMR 3400.4.1.1 - Scope - Special Provision for Means of Egress - Existing Non Conforming Means of Egress - Assembly Nightclubs (A-2nc) Main Entrance/Exit Door Size
780 CMR 1018.1 - Number of Exits and Continuity - Minimum Number of Exits
780 CMR 1019.1 - Vertical Exit Enclosures - Enclosures Required - Exception 9
780 CMR 120.S202.1.1 - Compliance Alternatives for Egress Requirements - Number of Exits - General Compliance Alternatives

10-874: Ben Pinkowitz v. Town of Freetown (779kb)

May 18, 2010

Issue: Whether a Certificate of Occupancy was required for building permittable work, and whether Stop Work Order should be overturned because of the Building Official's failure to conduct final inspections.

780 CMR 120.2 - Certificate of Occupancy - Buildings or Structures Hereafter Altered

Johnson v. Town of Dennis (677kb)

March 4, 2010

Issue: Whether the Appellant should be granted a variance from 7 ^th edition 780 CMR 5111.8 to allow an alternative door locking mechanism that is operable from the inside, and has a wireless system.

780 CMR 5111.8-Permits-Expiration of Permits

Metrano v. Town of Middleborough (524kb)

March 4, 2010

Issue: Whether the Appellant should be granted a variance from 7 ^th edition 780 CMR 5310.1 to permit as the secondary egress of a finished basement, the use of an exit leading through a garage with rollup doors.

780 CMR 5310.1-Emergency Escape & Rescue Openings-Emergency Escape and Rescue Required

Vidal v. Town of East Falmouth (449kb)

February 4, 2010

Issue: Whether the Appellant should be granted a variance from 7 ^th edition 780 CMR 120.G501.1 and 7 ^th edition 780 CMR 120.G601.1 to replace the more stringent standard of 120.G601.1 for the standard of 120.G501.1.

780 CMR G501.1-Flood Hazard Zones-Construction in Flood Hazard Zones (A-Zones)
780 CMR G601.1-High Hazard Zones-Construction in High Hazard Zones (V-Zones)

Yarosh Assocs., Inc. v. City of Newton (966kb)

January 19, 2010

Issue: Whether the thumb turn lock installed on exterior egress doors of a mercantile building at the property is a violation of 6 ^th Edition 780 CMR 1017.4.1.

780 CMR 1017.4.1 (6 ^th Edition)-Means of Egress Doorways-Door Hardware-Locks and Latches

Conley v. City of Boston (881kb)

January 19, 2010

Issue: Whether the Appellant must obtain a permit from the Boston Inspectional Services Department for modifications to the property's driveway shared with the adjoining property done without her knowledge and consent.

780 CMR 110.1-Application for Permit-Permit Application

Adams v. City of Waltham (256kb)

January 19, 2010

Issue: Whether the property in question should be classified as an R-1 or R-2 occupancy under 7 ^th edition780 CMR 310.1.

780 CMR 310.1-Residential Group R

Adams v. City of Waltham (291kb)

January 19, 2010

Issue: Whether the property in question should be classified as an R-1 or R-2 occupancy under 780 CMR 310.1.

780 CMR 310.1-Residential Group R

Decisions 2009

Lena New Boston v. City of Boston (244kb)

September 3, 2009

Issue: Whether to grant Appellant a variance from 7 ^th edition 780 CMR 705, 705.1, and 705.2 under the condition that the current 2-hour fire rated walls will be accepted only if an NFP 13 system is installed in the units.

780 CMR 705-Fire Walls
780 CMR 705.1-Fire Walls-General
780 CMF 705.2-Fire Walls-Structural Stability

Nexamp, Inc v. City of Woburn (212kb)

September 3, 2009

Issue: Whether to grant Appellant a variance requesting the use of 2009 IBS as opposed to 7 ^th edition 780 CMR.

( Note: Appellant withdrew request based on the fact that there was no longer a need for a variance.)

Nexamp, Inc v. City of Chelmsford (215kb)

September 3, 2009

Issue: Whether to grant Appellant a variance requesting the use of 2009 IBS as opposed to 7 ^th edition 780 CMR.

( Note: Appellant withdrew request based on the fact that there was no longer a need for a variance.)

Campanelli Cos. v. Town of Westfield (219kb)

August 25, 2009

Issue: Whether to grant Appellant a variance from 7th edition 780 CMR 910.3 and 903.3.3. for HLVS fans.

780 CMR 910.3-Smoke and Heat Vents-Design & Installation
780 CMR 903.3.3-Automatic Sprinkler Systems-Installation Requirements-Obstructed Locations

Rosie's Place v. City of Boston (193kb)

August 25, 2009

Issue: Whether to grant Appellant a variance from 6th edition 780 CMR 705.2 to allow for a door for a door opening and window openings to be installed along the lot line.

780 CMR 705.2-Fire Resistance Ratings

Golberg v. Town of Brookline (215kb)

August 25, 2009

Issue: Whether to grant Appellant a variance from 6th edition 780 CMR relative to Failure to Act with the condition that the Brookline Building Commissioner sends a letter

Breau v. Town of Needham (197kb)

August 25, 2009

Issue: Whether to grant Appellant a variance from 6th edition 780 CMR 3603.12.1 and 3603.13.2 based on the fact that it would be hardship to meet the requirement with marginal safety gain

780 CMR 3603.12.1-Chapter 36 has expired
780 CMR 3603.13.2-Chapter 36 has expired

Cohen v. Town of Chatham (205kb)

August 25, 2009

Issue: Whether to grant Appellant a variance from 6th edition 780 CMR relative to Failure to Act and allow for a temporary certificate of occupancy to be issued

Millennium Records Mgmt., LLC v. Town of Franklin (487kb)

August 25, 2009

Issue: Whether to grant Appellant a variance from 6th edition 780 CMR 903.2.1 based on the fact that there is a sprinkler system implemented already

903.2.1-Fire Protection Systems Approval/Acceptance-Alternative Fire Protection Design Methodologies-Independent Engineering Review

Quincy Housing Authority v. City of Quincy (1,000kb)

May 13, 2010

Issues:

Whether an HVAC upgrade project should be permitted based on appellant's assertion that all Code-required design and construction information necessary for Building Permit issuance has been submitted to the Quincy Inspectional Services Department (Q-ISD)?
Whether the code requirements of Chapter 34 (Energy Conservation), in conjunction with applicable requirements of Chapter 1 (Application for Permit) and 13 (Jurisdiction) have been satisfied?
780 CMR 110.1 - Application for Permit - Permit Applications
780 CMR 110.4 - Application for Permit - Form of Application
780 CMR 110.7 - Application for Permit - Construction Documents
780 CMR 110.8 - Application for Permit - Engineering Details, Reports, Calculations, Plans and Specifications
780 CMR 111.1 - Permits - Action on Application
780 CMR 3404.19 - 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 - Energy Conservation
780 CMR 3407 - Energy Conservation
780 CMR 3407.1 - Energy Conservation - General
780 CMR 1301.1 - Jurisdiction - Energy Efficiency

Rolando v. Town of Concord (417kb)

May 3, 2010

Issue: Whether appellant should be granted a variance to 780 CMR 5313.5.1 thereby relieving appellant from the installing required automatic sprinklers?

780 CMR 5313.5.1 - Life Safety Systems - Sprinklers - Dwellings Requiring Sprinklers

South Natick Hills, LCC [sic] v. Town of Natick (509kb)

January 14, 2010

Issue: Whether appellant should be granted a variance to 780 CMR 903.2.8 thereby allowing an alternate fire sprinkler protection system in a building with a Group R occupancy?

780 CMR 903.2.8 - Automatic Sprinkler Systems - Group R

Dunham v. City of Quincy file size 1MB (1.01mb)

January 14, 2010

Issue: Whether appellant should be granted a variance to 780 CMR 103 and 780 CMR 5311?

780 CMR 103 - Maintenance
780 CMR 5311 - Building Planning For Single and Two Family Dwellings - Means of Egress

W Boston Hotel and Residences v. City of Boston file size 1MB (1.49mb)

December 29, 2009

Issue:

Whether appellant should be granted a variance to 780 CMR 1013.1, 1013.2, 1013.2.1 in order to allow egress through a common parking garage?
Whether appellant should be granted a variance from 780 CMR 1017.1, 1018.3, 1020.1, 1024.1, 1024.1.1 for the exit width of stairs based on occupancy load?
780 CMR 1013.1 - Exit Access - General
780 CMR 1013.2 - Exit Access - Egress Through Intervening Spaces
780 CMR 1013.2.1 - Exit Access - Egress Through Intervening Spaces - Multiple Tenants
780 CMR 1017.1 - Exits - General
780 CMR 1018.3 - Number of Exits and Continuity - Exit Continuity
780 CMR 1020.1 - Exit Passageways - Exit Passageway
780 CMR 1024.1 - Assembly - General
780 CMR 1024.1.1 - Assembly - General - Nightclubs

Bullfinch Companies v. City of Cambridge (745kb)

January 14, 2010

Issue: Whether appellant should be granted a variance allowing them to use the 6 ^th edition of 780 CMR instead of the current one since the parking garage in question was started under the 6 ^th edition?

6 ^th edition of 780 CMR

Graves v. Town of Needham (666kb)

November 18, 2009

Issue: Whether appellant should be granted a variance to 780 CMR 5311.5, 5311.5.1, and 5311.5.4 for a "non required" stair?

780 CMR 5311.5 - Means of Egress - Stairways
780 CMR 5311.5.1 - Means of Egress - Stairways - Width
780 CMR 5311.5.4 - Means of Egress - Stairways - Landings for Stairways

MacCarthy v. Town of Shirley (880kb)

November 18, 2009

Issue: Whether appellant should be granted a variance to 780 CMR 5311.5.3.1, 5311.5.6, 5703.8, 5703.10.2, 5703.4?

780 CMR 5311.5.3.1 - Means of Egress - Stairways - Stair Treads and Risers - Riser Height
780 CMR 5311.5.6 - Means of Egress - Stairways - Handrails
780 CMR 5703.4 - Exterior Covering - Attachments
780 CMR 5703.8 - Exterior Covering - Flashing
780 CMR 5703.10.2 - Exterior Covering - Fiber Cement Siding - Horizontal Lap Siding

Spinney v. Town of Dudley file size 1MB (1.06mb)

November 18, 2009

Issue: Whether appellant should be granted a variance to 780 CMR 5305 for basement ceiling height?

780 CMR 5305 - Ceiling Height

Kiemon v. City of Boston (758kb)

November 18, 2009

Issue: Whether appellant should be granted a variance to 780 CMR 1022.0, 1022.4, 1022.5, 1022.6, 1023.3, and 1208.2 thereby allowing a stairway to replace a ladder as an improved means of egress?

780 CMR 1022.0 - Exterior Exit Ramps and Stairways
780 CMR 1022.4 - Exterior Exit Ramps and Stairways - Side Yards
780 CMR 1022.5 - Exterior Exit Ramps and Stairways - Location
780 CMR 1022.6 - Exterior Exit Ramps and Stairways - Exterior Ramps and Stairway Protection
780 CMR 1023.3 - Exit Discharge - Exit Discharge Location
780 CMR 1208.2 - Interior Space Dimensions - Minimum Ceiling Heights

Boston Symphony Orchestra v. Town of Stockbridge (717kb)

December 9, 2009

Issue: Whether appellant should be granted a variance to the 780 CMR 1607.7.1 regarding a newly installed balustrade that is considered strictly a decorative, ornamental railing?

780 CMR 1607.7.1 - Live Loads - Loads on Handrails, Guards, Grab Bars and Vehicle Barriers - Handrails and Guards

Problem with this one - the decision states that the variance is to the sixth edition of the 780 CMR but there is no 1607.7.1 in the 6 ^th ed., although it does exist in the current version. I'm thinking that was a typo but it appeared several times so I just wanted to run it by you.

See http://www.mass.gov/Eeops/docs/dps/BuildingCode/780016PT1.pdf (6th Edition of 780 CMR)

Theocles v. City of Holyoke (281kb)

December 22, 2009

Issue: Whether to grant the Appellant a variance from 105 CMR 410.480 and MGL c. 143 §3R.

105 CMR 410.480-Minimum Standards of Fitness for Human Habitation-Locks
MGL c. 143 §3R-Inspection and Regulation of, and License For, Buildings, Elevators, and Cinematographs-Apartment House; exterior doors and locks

The Bement School v. Town of Deerfield (847kb)

December 22, 2009

Issue: Whether a variance from 780 CMR 907.2.10.1.2 and 907.2.10.3 is appropriate for the proposed fire alarm and communication system for a new dormitory being constructed.

780 CMR 907.2.10.1.2-Fire Alarm and Detection Systems-Where Required-Single and Multiple-station Smoke Alarms-Where Required-Groups R-2, R-3, R-4, I-1
780 CMR 907.2.10.3-Fire Alarm and Detection Systems-Where Required-Single and Multiple-station Smoke Alarms-Interconnection

425 East Sixth Condominium Trust v. City of Boston (752kb)

December 22, 2009

Issue: Whether the Appellant should be granted relief from the appellee's order requiring plans and calculations of the drywell installed under permit.

780 CMR 110.8-Application for Permit-Engineering Details, Reports, Calculations, Plans and Specifications
MGL c. 143 §54A-Acceptance or approval of plans for construction, etc.; necessity of seal of architect or professional engineer

Conquerors for Christ Church v. Town of North Dartmouth file size 1MB (1.26mb)

December 3, 2009

Issue: Whether to grant the Appellant a variance from 7 ^th edition of 780 CMR 111.1.

780 CMR 111.1-Permits-Action on Application

( Note: this case was dismissed due to lack of jurisdiction and appeal would have to be brought before the Automatic Sprinkler Appeals Board)

McNeill v. City of Waltham (850kb)

December 3, 2009

Issue: Whether to grant the Appellant a variance from the 7 ^th edition 780 CMR 4311.5.1, 5311.5.3.2 and 5311.5.2 to allow the attic as a livable space.

780 CMR 5311.5.1-Means of Egress-Stairways-Width
780 CMR 5311.5.3.2-Means of Egress-Stairways-Stair Treads and Risers-Tread Depth
780 CMR 5311.5.2-Means of Egress-Stairways-Headroom

Menjivar v. City of Malden (914kb)

December 3, 2009

Issue: Whether to grant the Appellant a variance from 7 ^th edition 780 CMR 5118 to allow the existing basement space to be retained except for that which does not comply.

780 CMR 5118-Violations

LaMantia v. Town of Southbridge (959kb)

December 3, 2009

Issue: Whether to grant the Appellant a variance from 7 ^th edition 780 CMR 108.3.5.1 and uphold the denial letter dated August 15, 2009 issued by the Building Inspector.

780 CMR 108.3.5.1-Rules and Regulations-Activities Requiring Licenses, Registration of Certification-Licensing of Construction Supervisors

Berkshire Botanical Garden v. Town of Stockbridge (882kb)

December 3, 2009

Issue: Whether to grant the Appellant a variance from 7 ^th edition 780 CMR Table 503 to allow a supervised smoke and heat detection system to be installed.

780 CMR Table 503-Allowable Height and Building Areas

Little v. Town of Shrewsbury (993kb)

November 24, 2009

Issue: Whether to grant the Appellant a variance from 7 ^th edition 780 CMR 5319.1 through 5319.3 and allow the non pressure treated sills to remain in place.

780 CMR 5319.1-Protection Against Decay-Location Required
780 CMR 5319.2-Protection Against Decay-Quality Mark
780 CMR 5319.3-Protection Against Decay-Fasteners

Children's Hospital of Boston v. City of Peabody (889kb)

November 24, 2009

Issue: Whether to grant the Appellant a variance from 7 ^th edition 780 CMR 705.1, 705.2 and 705.5 and allow substitution of a fire wall with "back-to-back" 2 hour fire-resistant rated walls.

780 CMR 705.1-Fire Walls-General
780 CMR 705.2-Fire Walls-Structural Stability
780 CMR 705.5-Fire Walls-Horizontal Continuity

42-44 Grove St. Realty Trust v. City of Melrose (977kb)

November 24, 2009

Issue: Whether to grant the Appellant a variance from 780 CMR 103.

780 CMR 103-Maintenance

( Note: Appeal withdrawn by the Appellant's representative)

09-810: Chinmaya Mission Boston v. City/Town of Andover*

October 20, 2009

Issue: Whether the appellant should be granted variance from 7 ^th Edition CMR pertaining to NFPA 13 2002 Edition, section 4.1 to not install sprinkler heads.

780 CMR pertaining to NFPA 13 2002 edition, section 4.1 (maybe 780 CMR 903.2.8 - Automatic Sprinkler Systems - Where Required - Group R?)

09-809: Paul Gagel v. City/Town of Osterville

October 20 2009

Issue: Whether the appellant should be granted variance from 7 ^th Edition 780 CMR 1009.0, which regulates stairways and handrails, to allow a stair lift to be installed under the condition that the lift does not encroach more than 20 inches into the stairwell.

780 CMR 1009.0 - Stairways and Handrails

09-808: S & D Properties, LLC v. City/Town of Marshfield

October 20, 2009

Issue: Whether the appellant should be granted variance from 7 ^th Edition 780 CMR 120.G101, which requires all buildings erected in areas prone to flooding and/or coastal dunes shall be constructed and elevated as required by the provisions of 780 CMR 120.G.

780 CMR 120.G.101 - Flood Resistant Construction in Coastal Dunes - General

09-807: Massachusetts Institute of Technology v. City/Town of Cambridge

October 20, 2009

Issue: Whether the appellant should be granted variance from 7 ^th Edition 780 CMR 905.3.1which requires Class III automatic standpipe systems to be installed throughout buildings of certain height in relation to the level of fire department vehicle access, when neither the Building Department nor the Fire Department opposes the variation.

780 CMR 905.3.1 - Standpipe Systems - Required Installations - Building Height

09-806: Q.R. Development, LLC v. City/Town of Walpole

October 20, 2009

Issue: Whether the appellant should be granted variance from the 7 ^th Edition 780 CMR 903.2.8 that requires all buildings with Group R occupancy to install automatic sprinkler systems in accordance with 78- CMR 903.3.

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

Community Rowing, Inc v. Commonwealth of Massachusetts

June 14, 2007

Issue: Whether to grant Appellant a variance from 6th Edition 780 CMR 1014.11 and render an interpretation about 6th Edition 780 CMR 805.1.

780 CMR 1014.11-Stairways-Interior Stairway Enclosures
780 CMR 805.1-Floor Finish--General

Cutone v. City of Boston

March 6, 2008

Issue: Whether to grant Appellant variances from 6th Edition 780 CMR 1010.2 and 1014.8.2 to permit a roof deck to be constructed

780 CMR 1010.2-Number of Exits-Minimum Number
780 CMR 1014.8.2-Stairways-Egress Doors-Direction of Swing

Better Living Sunrooms v. Town of Acton

May 22, 2007

Issue: Whether to grant Appellant a variance from 6th Edition 780 CMR 3603.14.2 for a glass-enclosed sunroom.

780 CMR 3603.14.2-Chapter 36 of the 6th Edition has expired

( Note: The Board rendered an interpretation of 780 CMR 3603.14.2 and determined that a variance was not required.)

Woodworth v. Town of New Bedford

May 22, 2007

Issue: Whether to grant Appellant a variance from 6th Edition 780 CMR 1204.1 relative to ceiling height requirements.

780 CMR 1204.1-Room Dimensions-Ceiling Heights

Keenan v. Town of Haverhill

May 22, 2007

Issue: Whether to grant Appellant a variance from 6th Edition 780 CMR 1020.2.2.

780 CMR 1020.2.2-Level of Exit Discharge Passageways Used as an Exit Element-Vestibule-Separation

Starck v. Putnam

May 22, 2007

Issue: Whether to grant Appellant a variance from 6th Edition 780 CMR 1017.4 relating to door hardware

780 CMR 1017.4-Means of Egress Doorways-Door Hardware

Hastings v. City of Boston (186kb)

October 4, 2009

Issue: Whether to grant Appellant a variance of 780 CMR 904.1 and 906.2.1 relating to the omission of sprinkler protection in an electrical transformer vault, within a new residential, parking, and retail building?
780 CMR 904.1- Fire Protection Systems - Fire Suppression Systems - Where Required
780 CMR 906.2.1- Fire Protection Systems - Fire Sprinkler System - Equipped Throughout - NfiPA 13 Systems

Colby v. Town of Ipswich (205kb)

August 6, 2009

Issue: Whether Appellants should be granted the ability to enforce the following provisions of the State Building Code, 780 CMR 110.1; 111.12; and 118.2, in relation to a boardwalk built on an existing appurtenant easement burdening Appellants' property?
780 CMR 110.1- Application for Permit - Permit Application
780 CMR 111.12- Permits - Revocation of Permits
780 CMR 118.2- Violations - Notice of Violation

Alex v. Town of Weston (196kb)

August 6, 2009

Issue: Whether Appellant should be granted a variance of 780 CMR 1016.4; 1016.5; and 1016.6, in relation to a walkway attached to a doctor's office/residence, which is considered a historical residence, and which was designed in a way that would best accommodate patients and preserve the nature of the property?
780 CMR 1016.4- Corridors - Air Movement in Corridors
780 CMR 1016.5- Corridors - Corridor Continuity
780 CMR 1016.6- Non-existent

Salhofen (o/b/o: Ostrow Electric Company) v. Town of Danvers (196kb)

August 6, 2009

Issue: Whether Appellant should be granted a variance of the 7 ^th edition Building Code of 780 CMR 1604.10, relating to light poles which were designed to wind load requirements under the same section of the 6 ^th edition?
780 CMR 1604.10- Structural Design - General Design Requirements - Snow, Wind, and Earthquake Design Factors

Bradley v. Town of West Yarmouth (205kb)

August 6, 2009

Issue: Whether Appellant should be granted a variance of 780 CMR 3603.13, relating to alternating tread stairs, which are not regulated by the Code, and which are commonly used in ships?
780 CMR 3603.13- Chapter 36 has expired in the 7 ^th edition of the Building Code

Harvard University v. City of Cambridge (202kb)

August 6, 2009

Issue: Whether Appellant should be granted a variance of NFPA 8.5.5.3.1, in relation to not requiring sprinkler heads below the optical table clouds, per the NFPA standard?
NFPA 13 § 8.5.5.3.1- Installation of Sprinkler Systems (National Fire Protection Association)

Fulton School Residences LP v. Town of Weymouth (212kb)

August 6, 2009

Issue: Whether Appellant should be granted a variance of 780 CMR 1014.11; 1022.1; and 1017.3, based on relief relating to 780 CMR 34, involving historical buildings?
780 CMR 1014.11- Exit and Exit Access Doorways - Interior Stairway Enclosures
780 CMR 1022.1- Handrails - General
780 CMR 1017.3- Doorways - Size of Doors

Avon Freezer Facility v. Town of Avon (209kb)

August 6, 2009

Issue: Whether Appellant should be granted a variance for the installation of an alternate fire protection design methodology according to the standard set forth in 780 CMR 901.7.2.1 of the 6 ^th edition?
780 CMR 901.7.2.1- Fire Protections and Life Safety Systems - General - Fire Protection Systems Approval/Acceptance - Authority - Alternative Fire Protection Design Methodologies-Independent Engineering Review

Walker v. Town of Tewksbury (192kb)

July 21, 2009

Issue: Whether Appellant should be granted a variance of 780 CMR Table 503, of the 6 ^th edition, in relation to finishing an attic and turning it into an office, which would then make the multiple single family dwelling over the allowable two stories?
780 CMR Table 503- Height and Area Limitations of Buildings

Downing v. City of Braintree (193kb)

June 23, 2009

Issue: Whether Appellants should be granted a variance of 780 CMR 1025.0; 1018.2; and 1208.2, in relation to a dwelling with two stories and a finished apartment in the basement which Appellants are seeking to legalize?
780 CMR 1025.0- Means of Egress - Emergency Escape and Rescue
780 CMR 1018.2- Means of Egress - Number of Exits and Continuity - Buildings with One Exit
780 CMR 1208.2- Interior Environment - Interior Space Dimensions - Minimum Ceiling Heights

Perkins v. Town of Ipswich (207kb)

June 23, 2009

Issue: Whether Appellant should be granted a variance for hardship related to strict compliance with 780 CMR which mentions 105 CMR 410.480, concerning the locks and intercom system on a six unit dwelling's main entry door?
780 CMR- State Board of Building Standards and Regulations
105 CMR 410.480- Department of Public Health - Minimum Standards for Fitness for Human Habitation - Locks

O'Sullivan (o/b/o: Ranger Mills Ltd. Partners) v. City of Methuen (224kb)

June 23, 2009

Issue: Whether to grant Appellant a variance of 780 CMR Table 1014.1; 1013.7; 3404.5; and 3400.4, in relation to a multiple unit apartment building, with alterations resulting in one means of egress to the common corridor from each unit, due to the removal of the existing doors which open up into the existing stairwell?
780 CMR Table 1014.1- Exit and Exit Access Doorways - Spaces with one Means of Egress Table
780 CMR 1013.7- ?
780 CMR 3404.5- Existing Structures - Requirements for Continuation of the same Use Group or change of a Use Group Resulting in a Change in Hazard Index. Of One or Less. - Number of Means of Egress
780 CMR 3400.4- Existing Structures - Special Provisions for Means of Egress

Michelman (o/b/o: Notus Clean Energy LLC) v. Town of Falmouth (213kb)

June 23, 3009

Issue: Whether to grant Appellant a variance, and allow a wind turbine to comply with the 6 ^th edition requirements of 780 CMR 106.2, and not the 7 ^th edition?
780 CMR 106.2- Duties and Powers of the Building Official - Applications and Permits

McDonough v. Town of Norton (200kb)

June 23, 2009

Issue: Whether Appellant should be granted a variance of 780 CMR 5310.1, relating to a small (288 sq. ft.) habitable basement, where permits for the alteration were granted and work was completed?
780 CMR 5310.1- Building Planning and Construction for Single- and Two-Family Dwellings - Building Planning for Single- and Two-Family Dwellings - Emergency Escape and Rescue Required

Weisker v. Town of Mansfield (197kb)

June 23, 2009

Issue: Whether Appellant should be granted a variance of 780 CMR 5302.1; 5302.2; and 5302.3, for firewall requirements, involving the construction of a garage and breezeway to be connected to an existing dwelling?
780 CMR 5302.1- Building Planning and Construction for Single- and Two-Family Dwellings - Building Planning for Single- and Two-Family Dwellings - Location on Lot- Exterior Walls
780 CMR 5302.2- Building Planning and Construction for Single- and Two-Family Dwellings - Building Planning for Single- and Two-Family Dwellings - Location on Lot- Openings
780 CMR 5302.3- Building Planning and Construction for Single- and Two-Family Dwellings - Building Planning for Single- and Two-Family Dwellings - Location on Lot- Penetrations

Silva v. Town of Melrose file size 4MB (4.28mb)

June 23, 2009

Issue: Whether Appellant should be granted a variance from 7 ^th Edition
780 CMR 5110.1 to allow building inspections to occur without opening and/or removing of walls and ceilings of the home, or removing the third floor kitchen.
780 CMR 5110.1 - Administration for Single and Two Family Dwellings - Permit Application

McDonough v. Town of Norton (200kb)

June 23, 2009

Issue: Whether Appellant should be granted a variance from 7 ^th Edition 780 CMR 5310.1 to bypass the requirement of an emergency escape in a refinished basement.
780 CMR 5310.1 - Emergency Escape and Rescue Required

Capozzi v. Town of Reading file size 3MB (3.25mb)

May 26, 2009

Issue: Whether Appellant should be granted a variance from 7 ^th Edition
780 CMR 5311.5.2 to allow for a basement stairway with a head height below the 6-6 requirement.
780 CMR 5311.5.2 - Building Planning for Single and Two Family Dwellings - Stairways - Headroom

Brian W. Humes, AIA v. Town of Bolton file size 1MB (1.64mb)

May 26, 2009

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 CMR 918.1 and NFPA 72-2002 5.7.4.2.2 to allow for the placement of three smoke detectors in the return air ductwork as a substitute for open air detectors.
780 CMR 918.1 - Fire Protection Systems - General
NFPA 72-2002 5.7.4.2.2 - National Fire Alarm Code

Weisker v. Town of Mansfield (197kb)

June 23, 2009

Issue: Whether Appellant should be granted a variance from 7 ^th Edition 780 CMR 5302.1, 5302.2, and 5302.3 to bypass the Fire Wall requirements when constructing a breezeway and garage.
780 CMR 5302.1 - Building Planning for Single and Two Family Dwellings - Exterior Walls
780 CMR 5302.2 - Building Planning for Single and Two Family Dwellings - Openings
780 CMR 5302.3 - Building Planning for Single and Two Family Dwellings - Penetrations

Herzog Holdings, LLC v. Town of Leominister file size 2MB (2.28mb)

May 7, 2009

Issue: Whether Appellant should be granted a variance from M.G.L. c.143, §3R to allow an alternative door locking mechanism that is operable from the inside, and has a wireless system.
M.G.L. c.143, §3R - Inspection and Regulation of, and Licenses for, Buildings, Elevators and Cinematographs - Inspection of Buildings - Apartment houses; exterior doors and locks

Pentland v. Town of Northborough file size 8MB (8.04mb)

May 7, 2009

Issue: Whether Appellant should be granted his request from 6 ^th Edition 780 CMR reference to M.G.L. c. 143, §100 to overturn the local building official's determination of an A-2 nc use of restaurant/bar.
780 CMR reference to M.G.L. c. 143, §100 - Building code appeals board

Avalon Bay Communities, Inc. v. Town of Randolph (80kb)

September 3, 2009

Issue: Whether Appellant should be allowed to appeal from 6 ^th Edition 780 CMR and leave the original permits in place as issued as the NFiPA 13R system was allowed to be installed in the proposed structure and thus making the Building Commissioner's refusal to approve the plans improper.
780 CMR 904.7 - Fire Suppression Systems - Use Group R-2

Contois v. City of Boston file size 1MB (1.66mb)

May 7, 2009

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 CMR 403.8 and 921.7 to bypass the requirement that all elevators must be provided with elevator lobbies and/or smoke control systems that prevent smoke and gases from entering the elevator shaft.
780 CMR 403.8 - Special Use and Occupancy - Elevators
780 CMR 921.7 - Fire Protection Systems - Elevators

Frehywot v. City of Cambridge file size 2MB (2.86mb)

May 7, 2009

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 CMR 3603.3.2 and 7 ^th Edition 780 CMR 5302.2 to place windows in newly proposed dormer, and existing exterior wall of property which is less than three feet from the property line is said property.
780 CMR 3603.3.2 - Building Planning - Fire resistance rating of exterior walls -
780 CMR 5302.2 - Location on Lot - Openings

Hastings v. City of Cambridge file size 2MB (2.01mb)

May 7, 2009

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 CMR 904.2 and 906.2.1 to omit sprinkler protection in renovated electrical transformer vault as required.
780 CMR 904.2 - Fire Suppression Systems - Use Groups A-1, A-3, A-4, B, E, M, S-1, F-1 in buildings of 12,000 sf or greater in aggregate floor area:
780 CMR 906.2.1 - Fire Sprinkler System - NFiPA 13 systems

Slavic Church of W. Springfield v. City of West Springfield (123kb)

April 9, 2009

Issue: Whether Appellant church should be granted a variance from the provisions of 6 ^th Edition 780 C.M.R. 3107.53. to allow for building a sloped auditorium below the Flood Elevation.
780. C.M.R 3107.5.3 - Flood Resistant Construction - Flood Hazard Zones - Enclosures Below Base Flood Elevation

Corporation of Presiding Bishop of the Church of Latter-day Saints v. City of North Brookfield (518kb)

May 15, 2009

Issue: Whether Appellant church emergency power provided for the fire pump was in accordance with the requirements of the 6 ^th Edition 780 CMR 924.1 and 924.3.
780 CMR 924.1 - Fire Pumps - General
780 CMR 924.3 - Fire Pumps - Emergency Power

Learn and Play Pre-school v. City of Acton (119kb)

April 9, 2009

Issue: Whether Appellant preschool should be granted a variance from 7 ^th Edition CMR 1208.2, to allow a ceiling below the height required by section 1208.2.
780 CMR 1208.2 - Interior Space Dimensions - Minimum Ceiling Heights

MIT v. City of Cambridge (129kb)

April 9, 2009

Issue: Whether Appallent should be granted a variance from 6 ^th Edition 780 CMR 3408.5.1 and Table 1606.1, to allow it's dormitory building to have a lower floor load capacity then required.
780 CMR 3408.5.1 - Structural Requirements for Existing Buildings - Alterations, Repairs and Change of Use - Floor Loads
780 CMR 1606.1 - Uniformly Distributed Live Loads- Uniform Live Load

Maragioglio v. City of Malden (125kb)

April 9, 2009

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 CMR 118, to allow business without a certificate of occupancy.
780 CMR 118 - Violations

Samler v. Town of Andover (145kb)

February 18, 2009

Issue: Whether a demolition order was properly issued.
780 CMR 5121- Demolition orders

Bazelias v. City of Malden (122kb)

April 4, 2009

Issue: Whether Appellant should be granted variances from the provisions of 6 ^th Edition 780 C.M.R. 108.3.5, 110.4, 110.7 and 111.6 to complete the repair of a church bathroom.
780 C.M.R. 108.3.5 -Activities requiring licenses, registration, or supervisors - Licensing of Construction Supervisors
780 C.M.R. 110.4 - Application for Permit - Form of application
780 C.M.R. 110.7 - Application for Permit - Construction documents
780 C.M.R. 111.6 - Permits - Workers' Compensation

Warfield v. City of Beverly (125kb)

April 4, 2009

Issue: Whether Appellant should be granted a variance from the provisions of 6 ^th Edition 780 C.M.R. 3603.16.13 to allow battery operated smoke detectors as a sufficient alarm system following the addition of two bathrooms and closets.
780 C.M.R. 3603.16.13

Rebman v. City of Hanover (134kb)

April 4, 2009

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 903.2.1 to allow an alternative design of a fire protection sprinkler system.
780 C.M.R. 903.2.1 - Alternative Fire Protection Design Methodologies - Independent Engineering Review

Hastings v. City of Haverhill (107kb)

April 4, 2009

Issue: Whether Appellant should be granted variances from 6 ^th Edition 780 C.M.R. 503.1, 704.8 and 1406.2.2 to allow an exception to the building height requirement and allow exterior openings close to the lot line and existing cornices to remain.
780 C.M.R 503.1 - General Height and Area Limitations - General
780 C.M.R. 704.8 - Exterior Walls - Allowable Area of Openings
780 C.M.R. 1406.2.2 - Combustible Materials on the Exterior Side of Exterior Walls - Construction requirements

Adre v. South Grafton (120kb)

March 24, 2009

Issue: Whether Appellant should be granted a variance from 7 ^th Edition 780 C.M.R. 5310.1 to finish a basement for habitable use.
780 C.M.R. 5310.1 - Emergency Escape and Rescue Openings - Emergency Escape and Rescue Required

Mirza v. City of Somerville (130kb)

March 24, 2009

Issue: Whether Appellant should be granted a variance from 7 ^th Edition 708 C.M.R. 1023.6 to install a NFPA 13 sprinkler system in restaurant, in lieu of meeting the rear dispersal requirements.
780 C.M.R. 1023.6 - Exit Discharge - Access to a Public Way

Ryan v. City of Boston (120kb)

March 24, 2009

Issue: Whether Appellant should be granted a variance from 7 ^th Edition 780 C.M.R. 5311.5.4 to install an exterior spiral stairway which exceeds the 12-foot height limitation.
780 C.M.R. 5311.5.4 - Means of Egress - Stairways - Landings for Stairways

Metrano v. Yarmouthport (117kb)

March 24, 2009

Issue: Whether Appellant should be granted a variance from 7 ^th Edition 780 C.M.R. 5305.1 to allow a basement ceiling clearance of 6-feet 7-inches.
780 C.M.R. 5305.1 -Ceiling Height - Minimum Height

Ghamary v. City of Andover (114kb)

March 5, 2009

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 118 to bypass requirements concerning the protection of mechanical and electrical systems at the base flood elevation area.
780 C.M.R. 118 - Violations

Michelson v. City of Hadley (131kb)

March 5, 2009

Issue: Whether Appellant should be granted variances from 6 ^th Edition 780 C.M.R. 118.1 and 118.2 when the use of space concerns local zoning laws.
780 C.M.R. 118.1 - Violations - Unlawful acts
780 C.M.R. 118.2 - Violations - Notice of violation

Joyce v. City of Boston (128kb)

March 5, 2009

Issue: Whether Appellant should be granted variances from 6 ^th Edition 780 C.M.R. 310.6, 501.1, and 503.1 to allow the construction of a two-family dwelling.
780 C.M.R. 310.6 - Residential Use Groups - Use Group R-4 structures
780 C.M.R. 501.1 - General Building Limitations - Scope
780 C.M.R. 503.1 - General Height and Area Limitations - General

Walsh v. City of Boston (120kb)

March 5, 2009

Issue: Whether Appellant should be granted variances from 6 ^th Edition 780 C.M.R. 3400.3, 904.7, 906.2.1, and 906.2.2 to bypass the requirement that a fire suppression system must be installed during the course of a change in use of an existing building.
780 C.M.R. 3400.3 -Repair, Alteration, Addition, and Change of Use of Existing Buildings - Scope - Applicability
780 C.M.R. 904.7 - Fire Suppression Systems - Use Group R-2
780 C.M.R. 906.2.1 -Fire Sprinkler System - NFiPA 13 systems
780 C.M.R. 906.2.2 - Fire Sprinkler System - NFiPA 13 R systems

Cote v. City of Boston (118kb)

March 5, 2009

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 1017.4 to allow horizontal type sliding doors for I-use.
780 C.M.R. 1017.4 - Means of Egress Doorways - Door hardware

Creed v. City of Marshfield (115kb)

March 5, 2009

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 103 to have tenant cited for necessary repairs pursuant to lease agreement.
780 C.M.R. 103 - Maintenance

Wensus v. City of Taunton (121kb)

March 5, 2009

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 403.1 to exclude the height of the entry tower from the building's total height measurement.
780 C.M.R. 403.1 - High Rise Buildings - Applicability

Goodhall v. Town of Swansea (134kb)

March 11, 2009

Issue: Whether Appellant should be granted a variance from 7 ^th Edition 780 C.M.R. 5111.8, to allow permit not to be revoked due to inactivity on the property.
780. C.M.R. 5111.8 - Permits - Expiration of Permit

Stegerwald v. Town of Devens (120kb)

February 18, 2009

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 716 and Table 716.1, to allow for use of a water curtain instead of a fire shutter for protection of openings in a fire wall.
780. C.M.R. 716 - Fire Door Assemblies
780. C.M.R. Table 716.1 - Opening Protective Fire Protection Rating

Harris v. Town of Springfield (121kb)

February 18, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 1014.11.3, to allow a select number of the egress stair doors to be lockable as part of the proposed interior renovations to Building 11 of the Springfield Technical Community College.
780. C.M.R. 1014.11.3 - Stairways - Interior Stairway Enclosures - Door Locks

Perry v. Town of Marblehead (112kb)

February 18, 2009

Issue: Whether Appellant should be granted a variance from 7 ^th Edition 780 CMR 5305, to allow a habitable basement to have a ceiling height of six feet three inches instead of the required seven feet.
780 C.M.R. 5305 - Ceiling Height

Richards v. Town of Ipswitch (113kb)

February 18, 2009

Issue: Whether Appellant should be granted a variance from 780 CMR relative to the provisions of 105 CMR 410.480, to allow a building for which the main entry door of the dwelling containing four (4) dwelling units is not designed or equipped so as to close and lock automatically with a lock.
105 CMR 410.480 - State Sanitary Code Chapter II: Minimum Standard of Fitness for Human Habitation - Locks

Santagelo v. Town of Somerville (108kb)

January 30, 2009

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 CMR 1028.1, to allow the replacement of a wheel chair lift which would obstruct egress on the landing and stairway of the building since there are two other egresses.
780. C.M.R. 1028.1 - Maintenance of Exits - Obstructions

Barbarisi v. Town of Bourne (120kb)

January 2, 2009

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 CMR 924, to allow alternate methods of compliance to fire pump driveline requirements as established by 780 CMR 109.3.
780 C.M.R. 924 - Fire Pumps
780. C.M.R. 109.3 - Approval - Alternative Materials and Equipment

Benevides v. Town of Fall River (121kb)

January 2, 2009

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 CMR 1010, to allow an apartment building with lower number of exits than required.
780 C.M.R. 1010 - Number of Exits

Myers v. Town of Charlton (126kb)

December 18, 2008

Issue: Whether Appellant should be granted a variance from 7 ^th Edition 780 CMR 5602.10, to allow for building that does not comply with prescriptive requirements of wall bracing.
780 CMR 5602.10 - Wood Wall Framing - Wall Bracing

Viola v. City of Salem (127kb)

February 24, 2009

Issue: Whether Appellant should be granted variances from 6 ^th Edition 780 C.M.R. 3400.3.1 and 904.2 to allow for the construction of a beauty salon.
780 C.M.R. 3400.3.1 - Repair, Alteration, Addition, and Change of Use of Existing Buildings - Scope - Applicability
780 C.M.R. 904.2 - Fire Suppression Systems - Use Groups A-1, A-3, A-4, B, E, M, S-1, F-1 in buildings of 12,000 sf or greater in aggregate floor area

Greenburg v. City of Framingham (129kb)

February 24, 2009

Issue: Whether Appellant should be granted variances from 6 ^th Edition 780 C.M.R. 1006.4.1, 1017.4.1, 1014.4, 1011.3 #2, 1021.2, and 1025.3.2 to bypass egress requirements concerning a multi-family dwelling.
780 C.M.R. 1006.4.1 - Types and Locations of Means of Egress - Remote Location - Remoteness
780 C.M.R. 1017.4.1 - Means of Egress Doorways - Door Hardware - Locks and latches
780 C.M.R. 1014.4 - Stairways - Headroom
780 C.M.R. 1011.3 #2 - Exit Passageways and Corridors - Width
780 C.M.R. 1021.2 - Guards - Height
780 C.M.R. 1025.3.2 - Fire Escapes - Construction - Opening protectives

Dewing v. City of Concord (123kb)

February 5, 2009

Issue: Whether Appellant should be granted a variance from 7 ^th Edition 780 C.M.R. 5311.5.3.1 to bypass the riser height requirement, in a parking garage.
780 C.M.R. 5311.5.3.1 - Means of Egress - Stairways - Riser height

Segalyn v. City of Chicopee (123kb)

February 5, 2009

Issue: Whether Appellant should be granted variances from 6 ^th Edition 780 C.M.R. 503.0 Table 503 and 504.6 to allow alternative standards for the renovation of a mill building.
780 C.M.R. 503.0 Table 503 - General Height and Area Limitations - Height and Area Limitations of Buildings
780 C.M.R. 504.6 - Height Modifications - Type 3A construction

McCarthy v. City of Peabody (117kb)

February 5, 2009

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 1009.0 to allow the use of a rear exit doorway that does not meet the width requirement.
780 C.M.R. 1009.0 - Capacity of Egress Components

Ramirez v. City of Somerville (125kb)

February 5, 2009

Issue: Whether Appellant should be granted variances from 6 ^th Edition 780 C.M.R. 3404.12 Section 3, 904.7, 906.2.1, and 906.2.2 to bypass the requirement of an automatic fire suppression system in a three-family home.
780 C.M.R. 3404.12 Section 3 - 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 - Existing buildings
780 C.M.R. 904.7 - Fire Suppression Systems - Use Group R-2
780 C.M.R. 906.2.1 - Fire Sprinkler System - Equipped Throughout - NFiPA 13 systems
780 C.M.R. 906.2.2 - Fire Sprinkler System - Equipped Throughout - NFiPA 13R systems

Richardson v. City of Milton (116kb)

February 5, 2009

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 118.1 to allow a change in occupancy from a single-family house to a lodging house.
780 C.M.R. 118.1 - Violations - Unlawful Acts

Anderson v. City of Monponsett (114kb)

February 5, 2009

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 120 to allow for the occupation of an unfinished home to conduct an auto-parts business.
780 C.M.R. 120 - Certificate of Occupancy

Tavares v. City of Fall River (119kb)

February 5, 2009

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 3404.12 to bypass the requirement of the installation of a fire protection system following substantial renovation.
780 C.M.R. 3404.12 - 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

Clapp v. City of North Attleboro (133kb)

February 5, 2009

Issue: Whether a cease and desist order alleging violations of 6 ^th Edition 780 C.M.R. 113.0 and 113.4 should be overturned because Appellant complied with three demolition permits.
780 C.M.R. 113.0 - Conditions of Permit
780 C.M.R. 113.4 - Conditions of Permit - Compliance with site plan

Lynch v. Pittsfield (133kb)

January 20, 2009

Issue: Whether Appellant should be granted variances from 6th Edition 780 C.M.R. 417.6.4 and 418.3.2.4.to bypass the requirement of a sprinkler system for a canopy structure covering a bulk tank storage area.
780 C.M.R. 417.6.4 - Hazardous Materials - Outside storage, dispensing, and utilization - Weather Protection
780 C.M.R. 418.3.2.4 - Use Groups H-1, H-2, H-3 and H-4 - Flammable and combustible liquids - Suppression

McCloskey v. Town of Marblehead (121kb)

January 20, 2009

Issue: Whether Appellant should be granted variances from 7 ^th Edition 780 C.M.R. 5310.1.2, and 5310.1.3 to allow an emergency egress window of dimensions 26-inches wide by 22 ½-inches high.
780 C.M.R. 5310.1.2 - Escape and Rescue Openings - Emergency Escape and Rescue Required - Minimum opening height
780 C.M.R. 5310.1.3 - Escape and Rescue Openings - Emergency Escape and Rescue Required - Minimum opening width

Moe v. Town of Millbury (139kb)

January 20, 2009

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 424.4.1.4 for the continued use of an existing stair railing that exceeds the height requirement.
780 C.M.R. 424.4.1.4 - Day Care Centers - General Provisions - Means of Egress - Handrails

Miller v. City of Boston (130kb)

January 20, 2009

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 705.3 to add two new windows to a building party wall abutting the property line that is shared.
780 C.M.R. 705.3 - Exterior Walls - Openings

Edwards v. City of Cambridge (125kb)

January 20, 2009

Issue: Whether Appellant should be granted variances from 6th Edition 780 C.M.R. 503.2, 503.3, 904.2, and 3103.3.1 to bypass height and area limitations, and automatic sprinkler and smoke detection requirements for a tennis bubble type structure.
780 C.M.R. 532.2 - General Height and Area Limitations - Area Limitations
780 C.M.R. 503.3 - General Height and Area Limitations - Height Limitations
780 C.M.R. 904.2 - Fire Suppression Systems - Use Groups A-1, A-3, A-4, B, E, M, S-1, F-1, in buildings of 12,000 sf or greater in aggregate floor area
780 C.M.R. 3103.1 - Membrane Structures - General

Samiotes v. Town of Framingham (135kb)

January 20, 2009

Issue: Whether Appellant should be granted variances from 6 ^th Edition 780 C.M.R. Table 705.2, Section 706.3, and 705.1 to add two new windows to a building party wall abutting the property line that Appellant had an easement on.
780 C.M.R. Table 705.2 - Exterior Walls - Exterior Walls Resistance Ratings
780 C.M.R. 706.3 - Exterior Opening Protectives - Fire resistance rating
780 C.M.R. 705.1 - Exterior Walls - General

Superior v. City of Fall River (113kb)

January 20, 2009

Issue: Whether Appellant should be granted a variance from 7 ^th Edition 780 C.M.R. 118.0 to overturn a cease and desist order for two illegal apartments.
780 C.M.R. 118.0 - Violations

Van Dell v. City of Salem (125kb)

January 8, 2009

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 413.4 to allow a compliance alternative to the requirement of a sprinkler system in special amusement building.
780 C.M.R. 413.4 - Special Amusement Buildings - Automatic Sprinklers

Mahan v. Town of Waltham (145kb)

January 8, 2009

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 715.2 to allow the building design, as currently constructed.
780 C.M.R. 715.2 - Fire Resistance Rating of Structural Members - Protection of structural members

Armington v. City of Newton (139kb)

January 8, 2009

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 1007.4 to allow the installation and use of platform lifts as part of an accessible means of egress.
780 C.M.R. 1007.4 - Accessible Means of Egress - Platform lifts

Seitz v. City of Boston (127kb)

January 8, 2009

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 1014.3 to allow the current width of an existing front stair.
780 C.M.R. 1014.3 - Stairways - Width

Crafts v. City of South Dennis (129kb)

January 8, 2009

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R 111.8 to allow an extension of 6 months for permits for a period of two years.
780 C.M.R. 111.8 - Permits - Expiration of permit

LaChapelle v. Town of Freetown (137kb)

January 8, 2009

Issue: Whether Appellant should be granted variances from 6 ^th Edition 780 C.M.R. 116.1 and 3603.1 to overturn the building commissioner's order that the performance of the trusses violate these regulations.
780 C.M.R. 116.1 - Registered Architectural and Professional Engineering Services - Construction Control - General
780 C.M.R. 3603.1

Decisions 2008

Bourke v. City of Northhampton (132kb)

December 23, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 1010.2 to allow one egress from the third floor office using an existing interior stairway.
780 C.M.R. 1010.2 - Number of Exits - Minimum number

Goodwin v. City of Sheffield (131kb)

December 23, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 803.3.2 to allow interior use of the material known as AZEK as trim around a skylight.
780 C.M.R. 803.3.2 - Interior Finish and Trim - Materials - Smoke development

Salo v. City of Leicester (128kb)

December 23, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 1014.6.6 to allow an alternating stairway egress from a football field press box camera platform.
780 C.M.R. 1014.6.6 - Stairways - Headroom

Simao v. City of Danvers (125kb)

December 23, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 503 to bypass height and area requirements violated because of an extension of a hose tower.
780 C.M.R. 503 - General Height and Area Limitations

Hobbs Brook Management v. City of Waltham (145kb)

December 23, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 111.1 to order the building department to act on a building permit application that was not acted upon within the 30 day limitation.
780 C.M.R. 111.1 - Permits - Action on application

Mariano v. City of Braintree (128kb)

December 23, 2008

Issue: Whether Appellant should be granted a variance from 7 ^th Edition 780 C.M.R 5311.5 to allow an egress stairway.
780 C.M.R. 5311.5 - Means of Egress - Stairways

Vasconcelles v. Town of Fall River (120kb)

December 16, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 CMR 1010.0, to allow for one less exist than required by the Mass. State Building Code.
780 C.M.R.1010.0 - Number of Exits

Metrano v. Town of Fall River (124kb)

December 16, 2008

Issue: Whether Appellant should be granted a variance from 7 ^th Edition 780 CMR 5305.1, to allow for a building permit when the submitted blue print shows a ceiling height of less than seven feet.
780 CMR 5305.1 - Ceiling Height - Minimum Height

Woodworth v. Town of Foxborough (119kb)

December 16, 2008

Issue: Whether Appellant charter school should be granted a variance from 7 ^th Edition 780 CMR 1014.11, to allow the building of an addition that does not meet the section requirements.
780 CMR 1014.11 - Stairways - Interior Stairway Enclosures

DePrato v. Town of Marshfield (128kb)

December 16, 2008

Issue: Whether Appellant high school should be granted a variance from 6 ^th Edition 780 CMR 1013.0 and 1013.5, to allow the issuance of a building permit for seven bleachers that do not meet the minimum standards required by the Code.
780 CMR 1013.0 - Grandstands
780 CMR 1013.5 - Grandstands - Aisles

Woodworth v. City of Boston (133kb)

December 16, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 CMR 1014.11, to allow for restaurant in building that has open egress stairs.
780 CMR 1014.11 - Stairways - Interior Stairway Enclosures

Hastings v. Town of Northborough

December 16, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 CMR 713.3, to allow a proposed open stairway for the building to be designed in accordance with the escalator floor opening provision of 713.3 exception 8.
780 C.M.R. 713.3 - Floor/Ceiling and Roof /Ceiling Assemblies - Floor Opening Enclosure

Mizrahi v. Town of Fall River

December 2, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 CMR 1010.0, to allow for only one exit from the first floor apartments of the building.
780 CMR 1010.0 - Number of Exits

Oliveira v. Town of Fall River

December 2, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 CMR 1010.0 to allow for one less exit than required in his second and third floor apartments.
780 CMR 1010.0 - Number of Exits

Harvard ADG for Presidents and Fellows of Harvard College v. City of Boston (137kb)

December 1, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 CMR 603.0 and 1612.2.5.1 of the MSBC, to allow for horizontal slab separating the below ground structure from those above-ground with a fire resistance of two hours.
780 CMR 603.0 - Types 1 and 2 Construction
780 CMR 1612.2.5.1 - Earthquake loads - General - Seismic Hazard Exposure Groups - Multiple Occupancies

Nickerson Horse Barn v. Town of Brewster (133kb)

December 18, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 CMR, on the building official's failure to act, and allow for a certificate of occupancy to be issued for the horse stable portion of the property.
780 CMR 122.1 - State Building Code Appeals Board

Michael v. Town of Fall River (128kb)

December 1, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 CMR 1010.0, to allow for one less exit than required for the first floor apartments of the building which have large enough windows for emergency exit.
780 CMR 1010.0 - Number of Exits

Carrigg v. Town of Fall River (1) (127kb)

December 1, 2008

Issue: Whether Appellant should granted a variance from 6 ^th Edition 780 CMR 1010.0, to allow for one less exit than required for the first floor apartments of the building which have large enough windows for emergency exit.
780 CMR 1010.0 - Number of Exits

Carrigg v. Town of Fall River (2) (127kb)

December 1, 2008

Issue: Whether Appellant should granted a variance from 6 ^th Edition 780 CMR 1010.0, to allow for one less exit than required for the first floor apartments of the building which have large enough windows for emergency exit.
780 CMR 1010.0 - Number of Exits

Nickerson Horse Barn v. Town of Brewster (133kb)

December 18, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 CMR, on the building official's failure to act, and allow for a certificate of occupancy to be issued for the horse stable portion of the property.
780 CMR 122.1 - State Building Code Appeals Board

Carrigg v. Town of Fall River (127kb)

December 1, 2008

Issue: Whether Appellant should granted a variance from 6 ^th Edition 780 CMR 1010.0, to allow for one less exit then required for the first floor apartments of the building which have large enough windows for emergency exit.
780 CMR 1010.0 - Number of Exits

The Pike School v. Town of Andover (141kb)

December 1, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 CMR 1021.4.1, to allow for railings height of the side gallery facias in the school auditorium to be 30 inches instead of the required 36 inches.
780 CMR 1021.4.1 - Guards - Railings - At Fascia

Biomed Realty v. City of Cambridge (119kb)

December 1, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 CMR 904.2 and 780 CMR 906.2.1, to allow for the omission of water based sprinkler protection from the electrical transfer room and installment of an alternative suppression system.
780 CMR 904.2 - Fire Suppression Systems - Use Groups A-1, A-3, A-4, B, E, M, S-1, F-1 in buildings of 12,000 sf or greater in aggregate floor area
780 CMR 906.2.1 - Fire Sprinkler System - Equipped Throughout - NFIPA 13 Systems

Cote v. City of Cambridge (54kb)

December 4, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 1014.11 to allow a monumental stairway as a component of the means of egress from the second floor.
780 1014.11 - Stairways - Interior stairway enclosures

Ierardi v. City of Boston (125kb)

December 4, 2008

Issue: Whether Appellant should be granted variances from 6 ^th Edition 780 C.M.R. 903.2.1 and 919.3.2 to allow an alternative design that provides additional fire rating protection in condominiums.
780 C.M.R. 903.2.1 - Fire Protections Systems Approval/Acceptance - Authority - Alternative Fire Protection Design Methodologies - Independent Engineering Review
780 C.M.R. 919.3.2 - Single and Multiple Station Smoke Detectors - Where Required - Use Groups R-2, R-3, R-4 and R-5

Sloan v. City of Melrose (113kb)

November 28, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 705.3 to allow windows to be installed in the wall adjacent to the lot line that abuts retirement homes.
780 C.M.R. 705.3 - Exterior Walls - Openings

Michael Rosenfeld, Inc. Architects v. City of Methuen (123kb)

November 28, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 1014.11 to allow two open stair configurations in a building fully sprinklered to NFPA 13.
780 C.M.R. 1014.11 - Stairways - Interior stairway enclosures

10 Hilliard StreetCondominium Trust v. City of Cambridge (125kb)

November 25, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 1025.1.3 to allow a ladder to be installed in place of a counter-balanced drop-down stair section that is incorporated into the current design of a condominium.
780 C.M.R. 1025.1.3 - Fire Escapes - Where permitted - New fire escapes

Pannier v. Town of Pittsfield (119kb)

November 25, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. with respect to M.G.L. c. 143, §3R to install a buzzer button with an outdoor chime so that upstairs tenants could hear it.
M.G.L. c. 143 §3R - Apartment houses; exterior doors and locks

Edwards v. City of Boston (121kb)

November 6, 2008

Issue: Whether Appellant should be granted variances from 6 ^th Edition 780 C.M.R. 904.2, 3202.2, 3205.2, 3205.3, and 3205.4 for footings and awnings that provide a level of safety intended by the Code.
780 C.M.R. 904.2 - Fire Suppression Systems - Use Groups A-1, A-3, A-4, B, E, M, S-1, F-1 in buildings of 12,000 sf or greater in aggregate floor area
780 C.M.R. 3202.2 - Street Encroachments - Below grade
780 C.M.R. 3205.2 - Awnings and Canopies - Retractable awnings
780 C.M.R. 3205.3 - Awnings and Canopies - Fixed or permanent awnings
780 C.M.R. 3205.4 - Awnings and Canopies - Canopies

Panagopoulos v. Town of Swampscott (128kb)

November 6, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 121.0 to rescind a Building Official's order requiring Appellant to have a retaining wall inspected by a registered structural engineer.
780 C.M.R. 121.0 - Unsafe Structures

Guzas v. City of Mt. Herman (132kb)

November 6, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 1010.2 to allow a design that provides a second means of escape.
780 C.M.R. 1010.2 - Number of Exits - Minimum number

HaverhillHigh School v. Town of Haverhill (54kb)

November 12, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 CMR Reference Standard NFPA 72-2002, to allow for the educational facility to have a fire alarm system installed which meets the requirements of NFPA 72-07 but not NFPA 72-02.
780 CMR Reference Standard NFPA 72-02 - National Fire Alarm Code

HaverhillHigh School v. Town of Haverhill (54kb)

November 12, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 CMR Reference Standard NFPA 72-2002, to allow for the educational facility to have a fire alarm system installed which meets the requirements of NFPA 72-07 but not NFPA 72-02.
780 CMR Reference Standard NFPA 72-02 - National Fire Alarm Code

Cartwright v. City of Danvers (115kb)

November 6, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 402.15.4 to grant a permit for an object that was deemed to be a "kiosk or similar structure" that exceeded a maximum area of 300 sq. ft.
780 C.M.R. 402.15.4 - Covered Mall Buildings - Kiosks - Maximum Area

Carell v. City of Maynard (118kb)

November 6, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 407.5 to bypass the requirement that a new garage must have a 4-inch sill.
780 C.M.R. 407.5 - Private Garages - Door sills

MacLeay v. City of Monterey (141kb)

October 28, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 115.5 to allow final inspection and approval of a P2000 roof insulation system that was installed even though it may not meet Chapter 34 and 36 requirements for R-value.
780 C.M.R. 115.5 - Inspection - Final Inspection

Hastings v. City of Westfield (132kb)

October 28, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 3404.3 to bypass the requirement that an existing standpipe be retrofitted for seismic protection.
780 C.M.R. 3404.3 - 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 - New Building Systems

Cain v. City of Worthington (114kb)

October 28, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 3610.4.7 to allow clearances to combustibles on the sides and above the fireplace fronts to exist as they have since day one of an historic building.
780 C.M.R. 3610.4.7

Gery v. City of Marblehead (70kb)

October 28, 2008

Issue: Whether Appellant should be granted a variance from 7 ^th Edition 780 C.M.R. 5310 to allow a stairway from the basement to the first floor to serve as a means of egress.
780 C.M.R. 5310 - Emergency Escape and Rescue Openings

Stern v. Town of Framingham (131kb)

August 26, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 111.1 to allow the design of a lift that would impede adequate egress access of a stairway.
780 C.M.R. 111.1 - Permits - Action on application

Walsh v. Town of Littleton (113kb)

August 26, 2008

Issue: Whether Appellant should be granted variances from 7 ^th Edition 780 C.M.R. 5305.1 Exceptions 1 and 2 to allow the alteration to an existing basement without requiring the Appellant to move the center girder of the building.
780 C.M.R. 5305.1 Exception 1 - Ceiling Height
780 C.M.R. 5305.1 Exception 2 - Ceiling Height

Nourse v. City of Whately file size 7MB (7.5mb)

August 26, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 312 to overturn a Building Inspector's refusal to classify a building a in the "Utility" Use Group.
780 C.M.R. 312 - Utility and Miscellaneous Use Group

Sherman v. City of Northhampton

August 26, 2008

Issue: Whether Appellant should be granted variances from 6 ^th Edition 780 C.M.R. NFPA 13 8-1.1(1) and 8-14.1 to permit an alternate design of fire protection
780 C.M.R. NFPA 13 8-1.1(1) and 8-14.1 - Installation of Sprinkler Systems

Graham v. City of Somerville (126kb)

August 26, 2008

Issue: Whether the Board should interpret 6 ^th Edition 780 C.M.R. 423 to determine that the Appellant's property consisting of a resident load that will not exceed twenty five, complies with the regulation.
780 C.M.R. 423 - Group Residence

Hastings v. City of Westwood (137kb)

August 26, 2008

Issue: Whether Appellant should be granted variances from 6 ^th Edition 780 C.M.R. 1014.11, 1014.6, 1014.7, 1022.0, 1021.0, 1014.3, 1017.1.1, and 1005.6 to allow approval of a change in occupancy request.
780 C.M.R. 1014.11 - Stairways - Interior stairway enclosures
780 C.M.R. 1014.6 - Stairways - Treads and risers
780 C.M.R. 1014.7 - Stairways - Stairway guards and handrails
780 C.M.R. 1022.0 - Handrails
780 C.M.R. 1021.0 - Guards - General
780 C.M.R. 1014.3 - Stairways -
780 C.M.R. 1017.1.1 - Means of Egress Doorways - Floor surface
780 C.M.R. 1005.6 - General Limitations - Elevation change

Dana Farber Cancer Institute v. City of Boston (212kb)

August 28, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 917.9.1 to change the text of the required voice alarm.
780 C.M.R. 917.9.1 - Fire Protective Signaling Systems - Voice/alarm signaling system

Hastings v. City of Boston (126kb)

August 26, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 713.3 Exception 2 for a three-story open stairway that is permitted under the 7 ^th Edition and is in a building consisting of smoke detection systems and sprinklers.
780 C.M.R. 713.3 - Floor/Ceiling and Roof/Ceiling Assemblies - Floor opening enclosure

Tsoukalas v. City of Leominster (137kb)

August 7, 2008

Issue: Whether Appellant should be granted variances from 6 ^th Edition 780 C.M.R. 1010.2, Table 1010.2, and 3400.4.1 to bypass code requirements but require improved railings, lighting, and operable doors.
780 C.M.R. 1010.2 - Number of Exits - Minimum number
780 C.M.R. Table 1010.2 - Number of Exits - Minimum number of exits for occupant load
780 C.M.R.3400.4.1 - Scope - Existing Non Conforming Means of Egress

Abbondanza v. City of Everett (136kb)

August 7, 2008

Issue: Whether Appellant should be granted variances from 6 ^th Edition 780 C.M.R. 110.1, 110.7, 1014.6, and 1014.6.4 to allow a low headroom location at a stairway landing.
780 C.M.R. 110.1 - Application for Permit - Permit application
780 C.M.R. 110.7 - Application for Permit - Construction documents
780 C.M.R. 1014.6 - Stairways - Treads and risers
780 C.M.R. 1014.6.4 - Stairways - Treads and risers - Spiral stairways

Woodworth v. City of Norwood (133kb)

August 7, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 3409.9 to bypass height and area requirements in a building of Type II-C construction, which is fully sprinklered and has a fire alarm system.
780 C.M.R. 3409.9 - Historic Buildings - Height and Area

LeBlanc v. City of Boston (131kb)

August 7, 2008

Issue: Whether Appellant should be granted variances from 6 ^th Edition 780 C.M.R. 705.2.4 and 705.3 to allow exterior glass walls that are protected with an exterior deluged sprinkler system activated by trip wire, with the sides protected by sprinkler heads.
780 C.M.R. 705.2.4 - Exterior Walls - Fire resistance ratings - Unexposed surface temperature
780 C.M.R. 705.3 - Exterior Walls - Openings

LeBlanc v. City of Boston (131kb)

August 7, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 921.2.1.2 to allow an alternative smoke control design that was approved by a third party.
780 C.M.R. 921.2.1.2 - Smoke Control Systems - Design criteria - Passive system - Irregular spaces

Bradshaw v. City of Acton (133kb)

July 22, 2008

Issue: Whether Appellant should be granted variances from 6 ^th Edition 780 C.M.R. 313.1, Table 313.1.2, and 707 to allow a horse stable to be built and connected to an existing riding arena, with a two-hour fire separation wall and smoke alarm system installed.
780 C.M.R. 313.1 - Mixed Use Groups - Two or more use groups
780 C.M.R. Table 313.1.2 - Mixed Use Groups - Fire Resistance Rating Requirements for Fire Separation Assemblies Between Fire Areas
780 C.M.R. 707 - Fire Walls and Party Walls

Frank Saeli v. Town of Needham (130kb)

July 30, 2008

Issue: Whether Appellant should be allowed a variance from the limitations set forth in 780 C.M.R. 3603.12.1 and 3603.14.
780 C.M.R. 3603.12.1- Landings- general
780 C.M.R. 3603.14- Handrails and guardrails

Amisha LLC v. City of Woburn (105kb)

July 30, 2008

Issue: Whether Appellant should be allowed variances from framing and plan requirements in order to complete construction on a breakfast area in a hotel.
780 C.M.R. 603.2- Type 1 and 2 construction- interior patterns
780 C.M.R. Table 602- Fire resistant ratings of structure elements
780 C.M.R. 113.3- Conditions of permit- compliance with permit
780 C.M.R. 110.3- Application for permit- exemptions
780 C.M.R. 113.2- Conditions of permit-compliance with code

Mark Cutone v. City of Boston (146kb)

July 30, 2008

Issue: Whether Appellant should be granted variances from the provisions of 780 C.M.R. 1010.2 and 1014.8.2 to permit a roof deck to be constructed.
780 C.M.R. 1010.2- Minimum number of exits
780 C.M.R. 1014.4- Stairways- headroom
780 C.M.R. 1014.8- Stairways- egress doors
780 C.M.R. 1014.8.1- Stairways- width of egress doors
780 C.M.R. 1014.8.2- Stairways- direction of swing of egress doors
780 C.M.R. Table 1017.2- Doorways- spaces with one means of egress

Carrigg v. Town of Fall River (122kb)

July 3, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 1010.0 because the buildings in question are existing homes with first floor units that have windows large enough to serve as emergency exits.
780 C.M.R. 1010.0 - Number of Exits

Carrigg v. Town of Fall River (127kb)

July 3, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 1010.0 because the buildings in question are existing homes with first floor units that have windows large enough to serve as emergency exits.
780 C.M.R. 1010.0 - Number of Exits

Cote v. City of Cambridge (54kb)

July 3, 2008

Issue: Whether Appellant should be granted variances from 7th Edition 780 C.M.R. 403.2 and 906.2 to omit sprinklers in the NSTAR transformer vault.
780 C.M.R. 403.2 - High Rise Buildings - Automatic Sprinkler System
780 C.M.R. 906.2 - Portable Fire Extinguishers - Where Required

Jaffe v. City of Newton (113kb)

July 3, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 110.1 to be exempted from the requirement of a permit to perform kitchen renovation work.
780 C.M.R. 110.1 - Application for Permit - Permit Application

Tedesco v. City of Worcester (51kb)

June 24, 2008

Issue: Whether Appellant should be granted variances from 6 ^th Edition 780 C.M.R. 113.3 and 3603.13.3 to allow the height of a stairway that is used to access storage space only.
780 C.M.R. 113.3 - Conditions of Permit - Compliance with Permit
780 C.M.R. 3603.13.3

Remmer v. City of Boston (50kb)

June 24, 2008

Issue: Whether Appellant should be granted variances from 6 ^th Edition 780 C.M.R. 403.2, 904.7, and 906.2.1 to bypass Code requirements for vaults that do comply with NSTAR requirements.
780 C.M.R. 403.2 - High-Rise Buildings - Sprinkler system
780 C.M.R. 904.7 - Fire Suppression Systems - Use Group R-2
780 C.M.R. 906.2.1 - Fire Sprinkler System - Equipped throughout - NFiPA 13 systems

Hastingsv. City of Needham (46kb)

June 24, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 1014.11.2 to allow the redesign of a stairway that provides a sprinkler head on the interior side of a bedroom window within 3 feet of the glass surface.
780 C.M.R. 1014.11.2 - Stairways - Interior stairway enclosures - Penetrations

Jacques v. Town of Fall River (52kb)

June 24, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 1010.0 to allow operable windows in the foundation wall to function as emergency escape accesses.
780 C.M.R. 1010.0 - Number of Exits

Owens v. City of Andover (51kb)

June 24, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 1010.0 to allow a full monitored sprinkler system and a 2-hour rated stairway to act as an alternative to meeting the required number of exits.
780 C.M.R. 1010.0 - Number of Exits

Woodhouse v. City of Newton file size 1MB (1.06mb)

June 24, 2008

Issue: Whether Appellant should be granted variances from 6 ^th Edition 780 C.M.R. 705.2 and 705.3 to perform construction of a building with a wall abnormally close to the property line, adding a full protection system, sprinkler system, new fire lane, and new fire hydrant.
780 C.M.R. 705.2 - Exterior Walls - Fire resistance ratings
780 C.M.R. 705.3 - Exterior Walls - Openings

Sittler v. City of Buzzards Bay (124kb)

June 5, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 3400.3 (item 4) to allow a 300 square feet press box and elevator to be installed.
780 C.M.R. 3400.3 - Repair, Alteration, Addition, and Change of Use of Existing Buildings - Scope - Applicabilty

Griffin v. City of Marblehead (117kb)

June 5, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 705.3 to allow windows to be closer than three feet to the property line when the topography of an adjacent property precludes any development of a new building on the property.
780 C.M.R. 705.3 - Exterior Walls - Openings

Taylor v. City of Shrewsbury (122kb)

June 5, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 3603.14.1 to permit a lower railing height on a first and second floor staircase.
780 C.M.R. 3603.14.1

Staiti v. City of West Boylston (137kb)

June 5, 2008

Issue: Whether Appellant should be granted variances from 6 ^th Edition 780 C.M.R. 101.4, Tables 602 and 707.1, 709.4, 310.5, and 903.2.1 to allow the installation of a fire protection system as an alternative.
780 C.M.R. 101.4 - Administration - Intent
780 C.M.R. Table 602 - Construction Classification - Fire Resistance Ratings of Structure Elements
780 C.M.R. Table 707.1 - Fire Walls and Party Walls - Fire and Party Wall Fire Resistance Ratings
780 C.M.R. 709.4 - Fire Separation Assemblies - Continuity
780 C.M.R. 310.5 - Residential Groups - Use Group R-3 structures
780 C.M.R. 903.2.1 - Fire Protection Systems Approval / Acceptance - Authority - Alternative Fire Protection Design Methodologies - Independent Engineering Review

Siska v. City of Cambridge (113kb)

June 5, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R.1011.3 to permit a clear aisle width in which there is access from areas directly back to code compliant egress paths.
780 C.M.R. 1011.3 - Exit Access Passageways and Corridors - Width

Shi Mao Lin v. City of Malden (146kb)

April 15, 2008

Issue: Whether Appellant should be allowed to obtain a permit on his own in order to upgrade an existing sink and create a wet bar in attic living space at his residence.
780 C.M.R. 108.3.6- Rules and regulations- registration of home improvement contractors
780 C.M.R. 108.3.5- Rules and regulations- licensing of construction supervisors
780 C.M.R. R6.1.6(5)- Registration and enforcement of home improvement contractor program- general provisions- homeowners are exempt from registration or renewal of a home improvement contractor license
780 C.M.R. 110.5- Application for permit- by whom application is made

Nicole and Brian Carlson v. City of Leominster (88kb)

March 13, 2008

Issue: Whether Appellants should be allowed a variance from 780 C.M.R. 1204.1 in order to complete a basement in a single family home.
780 C.M.R. 1204.1- Room dimensions- ceiling heights

Fred Perkins v. Town of Ipswich (99kb)

February 5, 2008

Issue: Whether Appellant should be granted a variance from the electrically operated striker mechanism and intercom system requirements in 105 C.M.R. 410.480.
105 C.M.R. 410.480- Minimum standards of fitness for human habitation- locks
105 C.M.R. 410.840(c)- Minimum standards of fitness for human habitation- variances from 105 C.M.R. 410.480 can only be granted by the Massachusetts State Building Commissioner

Bristol-Myers Squibb v. Devens Enterprise Commission (115kb)

February 5, 2008

Issue: Whether Appellant should be allowed to install two-hour fire rated construction materials, in lieu of a sprinkler protection system, in a certain electrical/transformer room located on the ground floor of a development pharmaceutical facility.
780 C.M.R. 503.1- General height and area limitations of buildings
780 C.M.R. 504.2- General building limitations- height modifications- automatic sprinkler systems
780 C.M.R. 506.1- General building limitations- general area modifications
780 C.M.R. 506.3- Building limitations- area modifications- automatic sprinkler system
780 C.M.R. 504.1- General building limitations- general height modifications

Ron and Theresa Knoll v. City of Fitchburg (142kb)

February 1, 2008

Issue: Whether Appellant should be granted variances from 780 C.M.R. 3603.8.1, 3603.13.3 and 3604.6.2.
780 C.M.R. 3603.8.1- Minimum ceiling height requirements
780 C.M.R. 3603.13.3- Stairways- headroom
780 C.M.R. 3604.6.2- Light, ventilation and heating- heating required

Donald Ogilvie v. City of Fitchburg (134kb)

January 31, 2008

Issue: Whether Appellant should be granted variances from 780 C.M.R. 3603.8.1 (Exception 3), 3603.13.3 and 3604.6.2.
780 C.M.R. 3603.8.1 (Exception 3)- Ceiling height requirements- minimum height- exception for certain obstructions
780 C.M.R. 3603.13.3- Landings- headroom
780 C.M.R. 3604.6.2- Foundation waterproofing and dampproofing- concrete and masonry foundation waterproofing

Mount Holyoke College v. Town of South Hadley (94kb)

January 16, 2008

Issue: Whether Appellant my use corridor ceiling plenums in the construction of a new residence hall to accomplish air transfer.
780 C.M.R. 1005.7- Means of egress- general limitations- egress elements for air movement

Abercrombie and Fitch v. City of Boston (124kb)

January 15, 2008

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 713.3 to allow Exception 8.
780 C.M.R. 3404.13- Requirements for the continuation of the same use group or change to a use group resulting in a change in hazard index of one or less- enclosure of stairways
780 C.M.R. 1014.11- Interior stairway enclosures
780 C.M.R. 713.3 (Exception 8)- Floor/ceiling and roof/ceiling assemblies- floor opening enclosure- when a shaft enclosure is not required
780 C.M.R. 713.3- Floor/ceiling and roof/ceiling assemblies- floor opening enclosure

Evergreen Solar v. Devens Enterprise Commision (164kb)

May 9, 2008

Issue: Whether appellant should be granted a variance form from certain earthquake/seismic structure requirements when the project requires the availability/use of certain phosphorous xychloride, "a highly toxic material" as defined by 780 C.M.R. 307.2.
780 C.M.R. 1612.2.5- Seismic hazard exposure group listed- this case involves Group III, high toxic materials
780 C.M.R. 307.2- Definition of highly toxic material

Maurice V. Spear, Jr. v. City of Holyoke (215kb)

June 6, 2008

Issues: Whether the appellant is legally obligated to demolish abandoned property; whether the Board had jurisdiction over the appeal.
M.G.L. 143, §100- Building Code Appeals Board
M.G.L. 185, §1- The Land Court
780 C.M.R. 103.0- Maintenance of property
780 C.M.R. 121.0- Unsafe structures

Chuck Davis for Six Flags New England v. Town of Agawam (547kb)

April 8, 2008

Issues: Whether a fire protection system should be considered a system that presumptively complies with requirements of 780 C.M.R. and associated reference standards; whether the ride should be considered a device or a building in regards to its required egress system.

780 C.M.R. 903.2.1- Alternative fire protection design methodologies
780 C.M.R. 413.0- Special amusement buildings- definition of and required safety features of
780 C.M.R. 1014.11- Means of egress in buildings- stairways
520 C.M.R.- Amusement device regulations

Nantucket Memorial Airport v. Town of Nantucket (204kb)

June 19, 2008

Issues: Whether the Appellant should be granted a variance from the provisions of 780 C.M.R. 707.5, on the continuity of a fire wall between the existing structure and the new structure; whether the Appellant should be granted a variance from the provisions of 780 C.M.R. 3408.6.3, reduction of earthquake hazards, in a portion of the existing structure, the airport control tower.
780 C.M.R. 707.5- Fire-resistant materials and construction- fire walls and party walls- continuity of walls
780 C.M.R. 3408.6.3- Structural requirements for existing buildings- reduction of earthquake hazards

Richard Lockhead, as agent for Alkermes, Inc. v. City of Chelsea (148kb)

June 12, 2008

Issue: Whether Appellant should be granted a variance from the provisions of 780 C.M.R. 1025.1.3 to allow a permit for the fire escape as it was built.
780 C.M.R. 1025.1.3- New fire escapes

Eileen McMann v. Town of Weston (142kb)

March 13, 2008

Issue: Whether the Board should order Appellee to issue a demolition permit for the Property pursuant to 780 C.M.R. 111.1.
780 C.M.R. 111.1- Action on application in regards to building permits

Eileen McMann v. Town of Weston (55kb)

April 11, 2008

Issue: Whether the Town of Weston's Motion for Reconsideration of the Building Code Appeal's Board's March 13, 2008 decision to order that a demolition permit be issued by the Town for the free standing garage should be granted.
780 C.M.R. 121.2- Inspection of unsafe structures
780 C.M.R.111.1- Action on application in regards to building permits
G.L. 143, §6- Duties of local inspector
G.L. 143, §100- Board's jurisdiction

YMCA of the North Shore, Inc. v. City of Salem (130kb)

June 19, 2008

Issue: Whether the Appellant should be granted a variance from the provisions of 780 C.M.R. 713.3, Exception 2 and 1014.11 to allow a change to the plans as permitted to eliminate an enclosed stairway and use an open grand stairway as the third egress.
780 C.M.R. 713.3, Exception 2- Floor/ceiling and roof/ceiling assemblies- exceptions for when a shaft enclosure is required for floor openings
780 C.M.R. 1014.11- Interior stairway enclosures
Draft Seventh Edition of the Massachusetts Building Code, Section 1019.1- Vertical exit enclosures- enclosures required

Battery Engineering, Inc. division of Electrochem v. Town of Raynham (126kb)

June 19, 2008

Issue: Whether the Appellant should be granted a variance from the provisions of 780 C.M.R. 1014.11 to allow a change to the plans as permitted: for the third egress stairway in the building to be open.
780 C.M.R. 1014.11- Interior stairway enclosures
Draft Seventh Edition of the Massachusetts Building Code, Section 1019.1- Vertical exit enclosures- enclosures required

ASN Avenir LLC v. City of Boston (148kb)

June 19, 2008

Issue: Whether the Appellant should be granted a variance from the provisions of 780 C.M.R. 403.2, 904.2, 906.2.1, and G.L. 148, §26A to allow a change to the plans as permitted to omit the automatic sprinkler system from a transformer vault on the ground level.
Draft Seventh Edition of the Massachusetts Building Code, Section 903.2- Where automatic sprinkler systems are required
780 C.M.R. 403.2- High-rise Buildings- Sprinkler System
780 C.M.R. 904.2- When an automatic fire suppression system is required
780 C.M.R. 906.2.1- If a fire sprinkler system is required and it is a NFiPA 13 system, it must be designed in accordance with NFiPA 13
G.L. 148, §26A- Automatic sprinklers in high-rise buildings- enforcements and appeals

Joseph and Pamela Leite v. Joseph Biszko, Building Commissioner, Town of Fall River (123kb)

June 25, 2008

Issue: Whether the Appellant should be granted a variance from 780 C.M.R. 1010.0.
780 C.M.R. 1010.0- Means of egress- number of exits
780 C.M.R. 1010.2- Minimum number of exits

Joseph and Pamela Leite v. Joseph Biszko, Building Commissioner, Town of Fall River (117kb)

June 25, 2008

Issue: Whether the Appellant should be granted a variance from 780 C.M.R. 1010.0.
780 C.M.R. 1010.0- Means of egress- number of exits
780 C.M.R. 1010.2- Minimum number of exits

Eduardo and Mary Ferreira v. Joseph Biszko, Building Commissioner, Town of Fall River (128kb)

June 26, 2008

Issue: Whether the Appellant should be granted a variance from 780 C.M.R. 1010.0.
780 C.M.R. 1010.0- Means of egress- number of exits
780 C.M.R. 1010.2- Minimum number of exits

Derek Donohoe v. Town of Ipswich and James Sperber (143kb)

June 26, 2008

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 110.1, 3603.12.1 and 3603.14.1.1.
780 C.M.R. 110.1- Permit application
780 C.M.R. 3603.12.1- Size of landing/open space on the exterior of exit doors
780 C.M.R. 3603.14.1.1- Handrail requirements in regards to stairways

Anita Rogers v. City of Cambridge (148kb)

June 26, 2008

Issue: Whether the Board should allow a variance to 780 C.M.R. 705.3.
780 C.M.R. 705.3- Openings in exterior walls

David C. Hawkins v. Glenn R. Clancy, Belmont Inspector of Buildings (98kb)

March 10, 2008

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 1014.6 and 1014.6.2
780 C.M.R. 1014.6- Stairways- treads and risers
780 C.M.R. 1014.6.2- Stairways- treads and risers- dimensions
780 C.M.R. 1014.9- Stairway construction

Harold Cutler, as agent for Tufts University v. Thomas White, City of Boston Inspectional Services Department (294kb)

June 13, 2008

Issues: Whether Appellant should be granted a variance from 780 C.M.R. 705.3 and 705.5; whether Appellant should be granted a variance from 780 C.M.R. 1014.11.1 regarding fire rating of exterior walls of enclosed exit stairways; whether to allow a variance from 780 C.M.R. 403.8 and authorize the use of the Smoke Guard system for sealing elevator door openings as opposed to requiring an elevator lobby or pressurization of the elevator shafts.
780 C.M.R. 705.3- Openings in exterior walls
780 C.M.R. 705.5- Vertical exposure of exterior walls
780 C.M.R. 1014.11.1- Interior stairways- exterior walls
780 C.M.R. 403.8- High-rise buildings- elevators

Eileen McMann v. Town of Weston

March 13, 2008

Issues: Whether 780 C.M.R. 110.0 and 112 should be interpreted to require obtaining a permit prior to the demolition of buildings on the property and, if so, whether, under these circumstances, a variance should be granted.
780 C.M.R. 110.0- Application for permit
780 C.M.R. 112- Demolition of Structures

Performance Food Group v. City of Springfield (166kb)

March 4, 2008

Issue: Whether Appellant should be allowed a variance pursuant to 780 C.M.R. 903.2.1 with respect to the fire system for its storage facility.
780 C.M.R. 903.2.1- Fire protection systems- approval/ acceptance- alternative fire protection design methodologies- independent engineering review

Ken Sternberg v. Town of Ipswich (126kb)

June 30, 2008

Issue: Whether Appellant should be allowed a variance from the limitations set forth in 780 C.M.R. 3603.3.1 and 3603.3.2 for the construction of a two-story addition where the exterior wall appears to be within the required fire separation distance from the lot line with many openings.
780 C.M.R. 3603.3.1 and 3603.3.2- Required fire separation from a lot line where a portion of the building's exterior wall has many openings

Hughes Associates, Inc. v. City of Boston (122kb)

July 2, 2008

Issue: Whether Appellant should be allowed a variance from the limitations set forth in 780 C.M.R. 403.2 and 906.2 for a proposed high-rise mixed-use group building where the electrical transformer vault (room) does not have a fire sprinkler protection as required by the state building code.
780 C.M.R. 403.2- High-rise buildings- sprinkler system
780 C.M.R. 906.2- Fire sprinkler system- equipped throughout

Consulting Fire Protection, Engineer v. Town of Georgetown (129kb)

July 10, 2008

Issue: Whether Appellant should be granted a variance from the limitations set forth in 780 C.M.R. 118.1, 121.0, 121.2, 121.3, and 121.7 and whether the cease and desist order should be lifted.
780 C.M.R. 118.1- Violations of the Building Code- unlawful acts
780 C.M.R. 121.0- Unsafe structures
780 C.M.R. 121.2- Unsafe structures- inspection
780 C.M.R. 121.3- Unsafe structures- removal or making structures safe
780 C.M.R. 121.7- Unsafe structures- standards for making buildings safe or secure

Axel Kaufman v. Town of Wellesley (94kb)

July 10, 2008

Issue: Whether the Appellant should be granted a variance from the limitations set forth in 780 C.M.R. 3603.12.1 and be allowed to build a platform that meets the Seventh Edition of the Building Code and not the Sixth Edition.
780 C.M.R. 3603.12.1- Exterior landings

David Fromm and David Perry v. City of Boston (269kb)

July 10, 2008

Issue: Whether the Building Code applies and the board has jurisdiction over this matter.
G.L. 143, §100- Board has authority to decide cases of those aggrieved by state and local agencies
780 C.M.R. 118.1-Violations of the Building Code- unlawful acts
780 C.M.R. 120.2- Certificate of occupancy- buildings or structures hereafter altered
780 C.M.R. 310.3- Use or occupancy- residential use groups- structures
780 C.M.R. 310.5- Use or occupancy- residential use groups- structures
105 C.M.R. 410.020- Minimum standards of fitness for human habitation- definitions- rooming house

Livio Marinelli v. Town of Stoughton (135kb)

July 10, 2008

Issues: Whether the town acted on Appellant's building permit application, and if not, whether it should be ordered to do so, pursuant to 780 C.M.R. 111.1.
780 C.M.R. 111.1- Permits- action on an application

Joseph Ponte v. City of Fall River (123kb)

July 10, 2008

Issue: Whether Appellant should be granted a variance from the provisions of 780 C.M.R. 1010 mandating a second full means of egress for the right first floor apartment.
780 C.M.R.1010- Number of exits

Elizabeth Rover Bailey v. Town of Framingham (43kb)

July 2, 2008

Issue: Whether Appellant should be granted a variance from the limitations set forth is 780 CMR 3603.13.3 for the newly constructed stairway to access to the newly renovated basement of a 1904 built house.
780 C.M.R. 3603.13.3- Stairways- headroom

Ken Sternberg v. Town of Ipswich (126kb)

June 30, 2008

Issue: Whether Appellant should be allowed a variance from the limitations set forth in 780 C.M.R. 3603.3.1 and 3603.3.2 for the construction of a two-story addition where the exterior wall appears to be within the required fire separation distance from the lot line with many openings.
780 C.M.R. 3603.3.1 and 3603.3.2- Required fire separation from a lot line where a portion of the building's exterior wall has many openings

The Institute of Professional Practice v. City of Leominster (94kb)

June 30, 2008

Issue: Whether Appellant should be granted a variance from the limitations set forth in 780 C.M.R. 1204.1.
780 C.M.R. 1204.1- Interior environment- room dimensions- ceiling height;
780 C.M.R. 1010.4- Number of exits- emergency escape

Eduardo and Mary Ferreira v. Joseph Biszko, Building Commissioner, Town of Fall River (128kb)

June 26, 2008

Issue: Whether the Appellant should be granted a variance from 780 C.M.R. 1010.0.
780 C.M.R. 1010.0- Means of egress- number of exits
780 C.M.R. 1010.2- Minimum number of exits

Kenneth Jodrie, as agent for the Town of Stockbridge v. Town of Stockbridge (149kb)

June 19, 2008

Issue: Whether the Appellant should be granted a variance from the provisions of 780 C.M.R. 904.2 and 914.2 to allow occupancy to the building without certification of the automatic fire suppression system and standpipe operation.
780 C.M.R. 904.2- Fire tests- alternative protection
780 C.M.R. 914.2- Roof construction- stadiums

Huntington Homes v. Commonwealth of Massachusetts and William Horrocks (106kb)

June 12, 2008

Whether Appellant should be allowed a variance from 780 C.M.R. 1006.4.1 in order to complete construction of a building involving a residential duplex over a business.
780 C.M.R. 1006.4.1- Types and location of means of egress- remoteness of a remote location
780 C.M.R. 906.2.1- Fire sprinkler systems- equipped throughout- in accordance with NFiPA 13 systems
780 C.M.R. 906.2.2- Fire sprinkler systems- equipped throughout- in accordance with NFiPA 13 systems

The Springfield Museums and Stephen Jablonksi v. City of Springfield (91kb)

June 12, 2008

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 1006.3 in order to commence with plans to renovate and add onto property.
780 C.M.R. 1006.3- Types of location and means of egress- exit discharge

Michael Smith v. Town of Maynard and Richard Asmann (109kb)

June 12, 2008

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 5403.1.4.1.
C.M.R. 5403.1.4.1- Foundations- minimum depth- frost protection

Georgia Saffron v. Colleen E. Fermon, City of Ipswich Health Director (100kb)

June 6, 2008

Issue: Whether Appellant should be granted a variance from 105 C.M.R. 410.480.
105 C.M.R. 410.480- Minimum standards of fitness for human habitation- locks;
780 C.M.R. 1017.4.1- Means of egress- doorways- locks and latches

Leon Pernice representing Alice Rodriguez v. Mark E. Hebert, City of Springfield Senior Building Inspector (115kb)

March 12, 2008

Issue: Whether Appellant should be granted a variance from C.M.R. 904.7 for a fire suppression alternative in her building.
780 C.M.R. 904.7- Use group R-2 for fire suppression systems

Ed Rachins v. Town of Wellesley (95kb)

March 13, 2008

Issue: Whether a variance from 780 C.M.R. 3603.11.1 should be allowed with respect to four egress doors from the first floor of a patio area when there are, in addition to those four doors, three other egress doors that comply with the code.
780 C.M.R. 3603.11.1- Doors and hallways- exit doors

Verizon Wireless v. Town of Danvers (90kb)

March 3, 2008

Issue: Whether Appellant should be allowed a variance from the limitations set forth in 780 C.M.R. 503.
780 C.M.R. 503- General height and area building limitations

University of Massachusetts, Amherst v. Commonwealth of Massachusetts (99kb)

January 16, 2008

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 404.4.
780 C.M.R. 404.4- Atriums- smoke control
780 C.M.R. 921.0- Fire protection systems- smoke control systems
780 C.M.R. 713.3, Exception 2- Floor/ceiling and roof/ceiling assemblies- floor opening enclosure- when a shaft is not required

Little v. City of Danvers (124kb)

October 28, 2008

Issue: Whether Appellant should be granted variances from 6 ^th Edition 780 C.M.R. 1014.11, 1014.3.2, 1014.4, and 1014.3 to bypass dimensional restraints on the stairways of a building because of construction difficulties, historic building constraints, and the size of the building.
780 C.M.R. 1014.11 - Stairways - Interior stairway enclosures
780 C.M.R. 1014.3.2 - Stairways - Width - Landing width
780 C.M.R. 1014.4 - Headroom
780 C.M.R. 1014.3 - Stairways - Width

Guinta v. Town of Needham (136kb)

October 28, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 111.8 to reinstate revoked permits for the construction of a single family dwelling.
780 C.M.R. 111.8 - Permits - Expiration of permit

Ciccariello v. Town of Framingham (127kb)

October 28, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 1014.3.1 to allow a lift that impedes or blocks a major exit path in the building.
780 C.M.R. 1014.3.1 - Stairways - Lift - Restrictions

Edwards v. City of Cambridge (125kb)

October 28, 2008

Issue: Whether Appellant should be granted variances from 6 ^th Edition 780 C.M.R. 1017.2, 1020.3, and 3404.9 to bypass fire safety regulations regarding the stairways, lobby, and hallway of an existing building.
780 C.M.R. 1017.2 - Means of Egress Doorways - Number of doorways
780 C.M.R. 1020.3 - Level of Exit Discharge Passageways Used as an Exit Element - Lobby
780 C.M.R. 3404.9 - 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 - Height and Area Limitations

Lang v. City of Wellesley (122kb)

October 2, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 1022.2.4 to allow handrails to be installed as shown in Appellant's designs.
780 C.M.R. 1022.2.4 - Handrails - Handrail details - Handrail ends

Rzeznik v. City of Braintree (137kb)

October 2, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 402.1 allow a smoke control design system that complies with the 5 ^th Edition of 780 C.M.R.
780 C.M.R. 402.1 - Covered Mall Buildings - Scope

Lemos v. City of Braintree (137kb)

October 2, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 904.4 to allow an ammonia storage tank enclosure to be constructed without a sprinkler system in a building that is too small for such a sprinkler system.
780 C.M.R. 904.4 - Fire Suppression Systems - Use Group H

Stone v. City of Braintree (128kb)

October 2, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 904.4 to allow a gas meter building to be constructed without a sprinkler system.
780 C.M.R. 904.4 - Fire Suppression Systems - Use Group H

Grandfield v. City of Boston (133kb)

October 2, 2008

Issue: Whether Appellant should be granted variances from 6 ^th Edition 780 C.M.R. 113 and 118.1 to allow the replacement of an existing fence.
780 C.M.R. 113 - Conditions of Permit
780 C.M.R. 118.1 - Violations - Unlawful acts

Woodworth v. City of Boston (127kb)

October 2, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 3404.13 to bypass the requirement that interior stairways must be enclosed, and allow an existing condition of an open stair to remain.
780 C.M.R. 3404.13 - 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 - Enclosure of stairways

Edwards v. City of Boston (127kb)

October 2, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 1019.4 to bypass egress travel distance restrictions and allow current egress travel distances in horizontal exits.
780 C.M.R. 1019.4 - Horizontal Exits - Egress from area of refuge

Morizio v. City of Boston (119kb)

October 2, 2008

Issue: Whether Appellant should be granted variances from 6 ^th Edition 780 C.M.R. 103.0 and 1028.3 to bypass the requirement to secure a permit for concrete on a front lawn area and to reconnect roof drains for proper drainage.
780 C.M.R. 103.0 - Maintenance
780 C.M.R. 1028.3 - Maintenance of Exits - Testing and Certification

Gingras v. City of Charlton (125kb)

September 23, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 1011.4 to allow relief from a one-hour corridor rating, 20-minute rated doors, and self closing devices on the subject property and its intended use as a kennel/daycare for dogs and cats.
780 C.M.R. 1011.4 - Exit Access Passageways and Corridors - Enclosure

Cutler v. City of Danvers (116kb)

September 23, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 2801.2 to bypass the requirement that a mechanical ventilation system must be installed in two hanger bays so long as two CO detectors are installed instead.
780 C.M.R. 2801.2 - Mechanical Systems - Mechanical code

Greenup v. City of Cambridge (125kb)

September 23, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 C.M.R. 119 to override a stop work order on a historic building.
780 C.M.R. 119 - Stop Work Order

780 CMR 1017.2.3 - Means of Egress Doorways - Door Arrangement

Rachins v. Town of Wellesley (135kb)

March 13, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition
780 CMR 3603.11.1 with respect to four egress doors to a patio area when there are three additional egress doors that comply with the Code.
780 CMR 3603.11.1 - One and Two Family Dwellings - Doors and Hallways

(this regulation no longer exists in the 7 ^th edition)

MIT v. City of Cambridge (195kb)

July 10, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition
780 CMR 708.2 to depart from the maximum building separation fire wall opening of 25%, to allow a 42% opening between the new and old buildings.ther Appellant should be granted a variance from 6 ^th Edition 780 CMR 1014.11 to allow an open stairway from the second to first floor as e required third means of egress in lieu of an enclosed third stairway as required by the Code.
780 CMR 708.2 - Fire Wall Openings - Size of Openings
780 CMR 1014.11 - Stairways - Interior Stairway Enclosures

Institute of Professional Practice v. City of Leominster (783kb)

June 30, 2008

Issue: Whether Appellant should be granted a variance from 6 ^th Edition
780 CMR 1204.1 to allow a ceiling height of 6'11" in a bedroom when it was a pre-existing condition.
780 CMR 1204.1 - Room Dimensions - Ceiling Heights

Daniels v. City of Springfield file size 4MB (4.63mb)

September 29, 2008

Issue: Whether Appellant's property met the requirements under 6 ^th Edition 780 CMR 709.1 and Table 602 with respect to one-hour fire separation.
780 CMR 709.1 - Fire Separation Assembles - General -
780 CMR Table 602 - Fire Resistance Ratings of Structure Elements

Decisions 2007

Forest City Corporation v. City of Haverhill (149kb)

December 20, 2007

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 503.1 because the building will exceed the height limitations for its type of building; whether Appellant should be allowed a variance from 780 C.M.R. 1014.11.1 to allow existing windows in stairways to remain in the building.
780 C.M.R. 503.1- General height and area limitations of buildings
780 C.M.R. 1014.11.1- Fireresistant materials and construction- fire separation assemblies- exterior walls

Bristol-Myers Squibb v. Devens Enterprise Commission (135kb)

December 19, 2007

Issue: Whether Appellant should be allowed to install two-hour fire rated construction materials, in lieu of a sprinkler protection system, in a certain electrical/transformer room located on the second floor of a development pharmaceutical facility.
780 C.M.R. 503.1- General height and area limitations of buildings
780 C.M.R. 504.1- General height modifications of buildings
780 C.M.R. 504.2- General building limitations- height modifications- automatic sprinkler systems
780 C.M.R. 506.1- General building limitations- general area modifications
780 C.M.R. 506.3- Building limitations- area modifications- automatic sprinkler system

5 Star Oil Co. Inc. v. City of Boston (82kb)

December 12, 2007

Issue: Whether Appellant is required to obtain a building permit, under 780 C.M.R. 110.1, before constructing a building that is attached to an existing building.
780 C.M.R. 110.1- Permit application
780 C.M.R 110.3- Application for permit- exemptions
780 C.M.R 202.0- Definition of accessory building

Brendon Homes, LLC v. Town of Shrewsbury (94kb)

December 12, 2007

Issue: Whether Appellant should be granted a variance with respect to the finished ceiling height of a certain basement area in a condominium.
78.M.R. 3603.8.1-3- Ceiling height requirements- minimum ceiling height- exception for ceiling obstructions

Bristol-Myers Squibb v. Devens Enterprise Commission

December 11, 2007

Issue: Whether Appellant should be allowed a variance from the requirement that doors in all clean room areas of the pharmaceutical facility must swing in the direction of egress of travel, as set forth in 780 C.M.R. 1017.4, 1019.1 and 1019.2.1
780 C.M.R. 1017.4- Means of egress doorways- door hardware
780 C.M.R. 1019.1- Means of egress- horizontal exits- general
780 C.M.R. 1019.2.1- Means of egress- horizontal exits- separation- doors

Felicia's, Inc. v. Town of Stoneham (127kb)

December 4, 2007

Issue: Whether Appellant should be allowed to install a power operated horizontal sliding door to replace one of the two doorways to its restaurant.
780 C.M.R. 1006.2.2- Types and location of means of egress- arrangement- assembly buildings
780 C.M.R. 1017.4.4- Means of egress doorways- door hardware- horizontal sliding doors

Joseph L. Martel v. City of Salem (110kb)

December 4, 2007

Issue: Whether Appellant should be allowed alternatives which would allow a fireplace to remain in place for visual effect, but be inoperable, rather than take the steps the inspector specified.
780 C.M.R. 103.1- Maintenance- general

ICON Architecture, Inc. v. City of Peabody (144kb)

November 28, 2007

Issue: Whether Appellant should obtain a variance from the one-hour fire resistance rating in 780 C.M.R. 1014.11 when the interior glass entries of all four stairs on all three floors of the existing elementary school building do not conform to the one-hour requirement; whether Appellant should be granted a variance from 780 C.M.R 1022.2 due to the fact that the existing handrails do not comply with the Code because they are interrupted by newel posts and do not extend twelve inches beyond the bottom and top risers; whether Appellant should be granted a variance from the width requirement of 780 C.M.R 1017.3.
780 C.M.R. 1014.11- Means of egress- interior stairway enclosures
780 C.M.R 1017.3- Means of egress doorways- size of doors
780 C.M.R 1022.2- Means of egress- handrail details
780 C.M.R 3409- Repair, alteration and change of use of existing buildings- historical buildings
780 C.M.R 1022.1- Means of egress- handrails- general

Christen Foy v. Town of Reading and Glen Redmond (69kb)

November 26, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 3603.8.
780 C.M.R. 3603.8- Ceiling height requirements

Thomas Pennel v. City of Haverhill and Richard Osborne (96kb)

November 26, 2007

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 903.2.1 as it pertains to fire protection of bulk merchandise in rack storage.
780 C.M.R. 903.2.1- Fire protection systems approval/acceptance- authority

The Northbridge Companies, LLC v. Town of Plymouth (226kb)

October 26, 2007

Issue: Whether 25 studio apartments that make up the self-contained, Special Care Unit of the assisted living facility should be designated within Residential Use Group R-2 rather than Institutional Use Group I-1; whether Appellant should receive certain exemptions from provisions 3,4,5,6 and 7 of 780 C.M.R. 1017.4.1.2 in order to install 3 magnetic locks at 3 perimeter doors that will be the means of egress from the Special Care Unit.
780 C.M.R. 1017.4.1.2 provisions 3, 4, 5, 6 and 7- Means of egress- door hardware- special locking arrangements
780 C.M.R. 310.1- Use or occupancy- residential use groups- general

Owens Corning/NES v. City of Leominster (109kb)

October 26, 2007

Issue: Whether Appellant should be granted a variance from the minimum ceiling height requirement in the Code when constructing a finished recreation room in a homeowner's basement.
780 C.M.R. 1204.1- Interior environment- room dimensions- ceiling height

Better Living Sunrooms v. Town of Acton (107kb)

October 26, 2007

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 3603.14.2
780 C.M.R. 3603.14.2- Guardrails

HRCA of Dedham Inc. v. Town of Dedham (167kb)

October 24, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 313.1.2.
780 C.M.R. Table 602- Fire resistant ratings of structure elements
780 C.M.R. 313.1.2- Mixed-use groups- separated use groups
780 C.M.R. 707.0- Fire resistant materials and construction- fire walls and party walls

Vargas I. DaSilveira v. City of Brockton (128kb)

October 24, 2007

Issue: Whether variances are required to allow Appellant to rebuild a winder staircase in the same configuration as the staircase had existed since the building was first constructed.
780 C.M.R. 3400.4.1- Existing non conforming means of egress
780 C.M.R. 1009.2- Means of egress- capacity of egress components- minimum width
780 C.M.R. 1014.6.3- Means of egress- stairways- treads and stairways- winders

Daniel Gattineri, Waterfront Properties, LLC v. City of Gloucester (167kb)

October 24, 2007

Issue: Whether the City is required to issue a certificate of occupancy for a condominium unit when its construction has been completed, there are no Code violations, City officials had approved the building permits for the construction, and the only question is whether the unit complies with the City's Zoning Ordinance.
780 C.M.R. 111.2- Permits- zoning
780 C.M.R. 106.1- General duties and powers of the building official

Community Rowing, Inc. v. Commonwealth of Massachusetts (163kb)

October 18, 2007

Issue: Whether Appellant should be allowed a variance from the requirement of enclosed one-hour rated fire separation assemblies for interior exit stairs when open egress stairways are allowed under the 2003 International Building Code; whether the Code allows the use of bituminous concrete (asphalt) as the finished floor for the boat storage area on the first floor of the building and on the first floor of an adjacent building, the sculling pavilion.
780 C.M.R. 1014.11- Interior stairway enclosures
780 C.M.R. 805.1- Interior finishes- floor finish- general
780 C.M.R. 603- Types 1 and 2 construction
780 C.M.R. 709- Fire resistant materials and construction- fire separation assemblies
780 C.M.R. 711- Fire resistant materials and construction- fire partitions
780 C.M.R. 711.4- Fire resistant materials and construction- fire partitions- continuity
780 C.M.R. 713- Fire resistant materials and construction- floor/ceiling and roof/ceiling assemblies

Judith Schwenk v. Town of Marblehead (162kb)

October 18, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 705.3 to add openings to an unprotected area in close proximity to the property line; whether Appellant should be allowed a variance from 780 C.M.R. 3603.13.4 to install stairs in the attic, which currently do not exist, that will replicate the two-winder design that exists in the stairways from the first and the second floors.
780 C.M.R. 705.3- Fire resistant materials and construction- exterior walls- openings
780 C.M.R. 3603.13.4- Stairways- winders
780 C.M.R. 3603.14.1- Handrails

Andrew Zalewski v. Town of Bedford and Dan Sullivan (88kb)

October 10, 2007

Issue: Whether Appellant should be allowed variances from 1017.4.1.2, 1010.5 and 1007.0.
780 C.M.R. 1010.5- Means of egress- number of exits- open parking structures
780 C.M.R. 1007.0- Accessible means of egress
780 C.M.R. 1017.4.1.2- Floor/ceiling and roof/ceiling assemblies- floor opening enclosure

Douglas Haring for Andrew Perkins v. City of Lynn and Roger Ennis (118kb)

October 9, 2007

Issue: Whether Appellant should be granted variances from 780 C.M.R. 3404.16, 3404.12.3 and 3400.3.
780 C.M.R. 3404.16- Repair, alteration, addition and change of use of existing buildings- requirements for continuation of the same use group or change to a use group resulting on a change in hazard index of one or less- residential use groups
780 C.M.R. 3404.12.3- Repair, alteration, addition and change of use of existing buildings- requirements for continuation of the same use group or change to a use group resulting on a change in hazard index of one or less- when fire protection systems are required in existing buildings
780 C.M.R. 3400.3.8- Repair, alteration, addition and change of use of existing buildings- scope- applicability of residential use groups
780 C.M.R. 3401.1- Repair, alteration, addition and change of use of existing buildings- general definitions

Walter Sterling v. Town of Oxford (90kb)

October 9, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 903.1.
780 C.M.R. 903.1- Fire protection systems approval/acceptance- required

Patricia A. Lambert v. Town of N. Andover and Gerald Brown (96kb)

October 3, 2007

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 116.0 and Table 106.
780 C.M.R. 116.0- Registered architectural and professional engineering services- construction control
780 C.M.R. Table 106- Duties and powers of the building official- required minimum inspections and certifications for specified use groups

Mason v. Town of Dedham (188kb)

October 2, 2007

Issue: Whether Appellant should be granted variances from 6 ^th Edition 780 CMR 406.4 and 780 CMR 503.0 (Table 503) to allow a mixing of construction types (Type 2C and 1B) for a multi-use building.
780 CMR 406.4 - Height and Area Limitations for Open Parking Structures
780 CMR 503.0 (Table 503) - Height and Area Limitations of Building

Mason v. Town of Dedham (188kb)

October 2, 2007

Issue: Whether Appellant should be granted a variance from 6 ^th Edition
780 CMR 505.3 to allow an alternative to the two means of egress from a mezzanine than required by the regulations. Whether both means of egress can be enclosed stairs as opposed to having at least one open stairway.
780 CMR 505.3 - Mezzanines - Egress

Hasting v. Town of Boston (186kb)

October 2, 2007

Issue: Whether Appellant should be granted variances from 6 ^th Edition
780 CMR 403.2, 780 CMR 904.2, 780 CMR 906.2.1 and M.G.L. c. 148, §26A to allow the omission of sprinkler protection in an electrical transformer vault within a new high-rise hotel.
780 CMR 403.2 - High-Rise Buildings - Sprinkler System
780 CMR 904.2 - Fire Suppression Systems - Use Groups A-1, A-3, A-4, B, E, M, S-1, F-1 in buildings of 12,000 sf or greater in aggregate floor area:
780 CMR 906.2.1 - NFiPA 13 systems:
M.G.L. c. 148, §26A - Automatic sprinklers in high rise buildings; enforcement; appeals

Morgan v. Town of Westborough (314kb)

October 2, 2007

Issue: Whether Appellant should be granted a variance from 6 ^th Edition 780 CMR 3611.12.1 to allow a previously constructed landing, which does not meet the minimum size requirements, when the exit doors do not swing open over the stairs.
780 CMR 3611.12.1 - Landings

(this regulation no longer exists in the 7 ^th edition)

Williams v. City of Brockton (580kb)

October 2, 2007

Issue: Whether Appellant should be granted a variance from 6 ^th Edition
780 CMR 904.7 when appeal was filed more than 45 days after the building permit was issued
780 CMR 904.7 - Fire Suppression Systems - Use Group R-2

Woodworth v. Town of Rockport (127kb)

October 2, 2007

Issue: Whether Appellant should be granted variances from 6 ^th Edition
780 CMR 1006.2.4.3, 605.1, 705.3, 3107.0, 1017.2.3 to avoid constraints when constructing a building with historic character.
780 CMR 1006.2.4.3 - Types of Location of Means of Egress - Foyers and Waiting Spaces - Construction
780 CMR 605.1 - Type 4 Construction - General
780 CMR 705.3 - Exterior Walls - Openings
780 CMR 3107.0 - Floor Resistant Construction

John Strandberg v. City of Springfield and Steven Desilets (103kb)

October 2, 2007

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 3404.11 and 3404.12.
780 C.M.R. 3404.11- Repair, alteration, addition and change of use of existing buildings- requirements for continuation of the same use group or change to a use group resulting on a change in hazard index of one or less- fire protection systems
780 C.M.R. 3404.12- Repair, alteration, addition and change of use of existing buildings- requirements for continuation of the same use group or change to a use group resulting on a change in hazard index of one or less- when fire protection systems are required

Stephen J. Clifford and Richard Bernard v. Town of Dedham (146kb)

October 2, 2007

Issue: Whether Appellant should be granted variances from 780 C.M.R. 3603.3.1 and 3603.3.2 to reconstruct the interior/exterior wall of an existing building because of the de minimus distance between the actual space between the building and the lot line and the required distance under the Code.
780 C.M.R. 3603.3.1- Fireresistance rating of exterior walls- exterior walls
780 C.M.R. 3603.3.2- Fireresistance rating of exterior walls- openings

Keving Hastings v. City of Cambridge, Michael Grover, and Daniel Turner (86kb)

October 2, 2007

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 403.2, 904.2 and 906.2.1.
780 C.M.R. 403.2- Special use and occupancy- high rise buildings- sprinkler system
780 C.M.R. 904.2- Fire protection systems- fire suppression systems- when to use groups A-1, A-3, A-4, B, E, M, S-1, F-1
780 C.M.R. 906.2.1- Fire protection systems- fire sprinkler systems- equipped throughout- NFiPA 13 systems

Robert Hendershot v. City of Gloucester and William Sanborn (105kb)

October 2, 2007

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 1204.1.1 and 1014.3.
780 C.M.R. 1204.1.1- Interior environment- room dimensions- ceiling heights- when to use groups A, B, E and M
780 C.M.R. 1014.3- Means of egress- stairways- width

Peter Harrod v. City of Boston and Thomas White (101kb)

October 2, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 2807.1.
780 C.M.R. 2807.1- Mechanical systems- general waste and linen handling systems

Robert Eberle for K. Krikorian v. Town of Merrimac and Philip Hagopian (94kb)

October 2, 2007

Issue: Whether Appellant should be allowed a variance from the Local Building Commissioner's Failure to Act by lifting a Stop Work Order and granting a Building Permit for his property.

A. Vernon Woodworth v. Town of Onset and Theodore Misiaszek (92kb)

October 1, 2007

Issue: Whether Appellant should be allowed variances from 780 C.M.R.705.3 and 602.4.
780 C.M.R. 705.3- Fireresistant materials and construction- exterior walls- openings
780 C.M.R 602.4- Types of construction- construction classification- noncombustibility requirements

Michael DiMascio for Chelsea Nursing Home v. City of Chelsea and Joseph Cooney (82kb)

October 1, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 409.2.1 through 409.2.4.
780 C.M.R. 409.2.1- Special use and occupancy- use group I-2- corridors- waiting area
780 C.M.R 409.2.2- Special use and occupancy- use group I-2- corridors- waiting areas of unlimited area
780 C.M.R 409.2.3- Special use and occupancy- use group I-2- corridors- nurses' stations
780 C.M.R 409.2.4- Special use and occupancy- use group I-2- corridors- mental health treatment areas

Verizon Wireless v. Town of Danvers (129kb)

October 23, 2007

Issue: Whether Appellant should be granted a variance of 780 CMR 503, in order to install a cupola on an existing building, which would house wireless telecommunications equipment?
780 CMR 503- General Building Limitations - General Height and Area Limitations

Saffron v. Town of Ipswich (138kb)

October 23, 2007

Issue: Whether to grant Appellant a variance of 105 CMR 410.480, relating to a main entry door lock on an owner occupied four unit building?
105 CMR 410.480- Department of Public Health - Minimum Standards for Fitness for Human Habitation - Locks

Wall v. Town of Provincetown (442kb)

December 18, 2007

Issue: Does 780 CMR 1010.2 require two exits from the same level? If 780 CMR 1010.2 does require two exits, whether to grant Appellant a variance involving one unit of a six unit building, where the one unit is built into a hill?
780 CMR 1010.2- Means of Egress - Number of Exists - Minimum Number

Saeli v. Town of Needham (172kb)

October 4, 2007

Issue: Whether to grant Appellant a variance of 780 CMR 3603.12.1 and 3603.14, in regards to a landing next to a sliding door, and handrails, for a stairway not serving as an access to the home in a residential building?
780 CMR 3603.12.1- Chapter 36 in the 6 ^th edition has expired, it is reserved in the 7 ^th edition
780 CMR 3603.14- Chapter 36 in the 6 ^th edition has expired, it is reserved in the 7 ^th edition

Community Rowing, Inc. v. Commonwealth of Massachusetts (172kb)

October 18, 2007

Issue: Whether the appellant should be granted variance from the 6 ^th edition 780 CMR 1014.11, which requires interior exit stairways to be enclosed with fire separation assemblies having a fire resistance rating of not less than 2 hours, except that such stairways in occupancies in Use Group A, B, E, F, H-4, I, M, R or S which connect less than four stories shall be enclosed with fire separation assemblies having a fire resistance rating of not less than one hour. Also, whether asphalt is allowed to be an exemption under 6 ^th Edition 780 CMR 805.1 which state that finished floors or floor covering materials of traditional type such as wood, vinyl, linoleum, etc are exempt from the requirements of 780 CMR 805.0.

6 ^th Edition 780 CMR 1014.11 - Stairways - Interior Stairway Enclosures
6 ^th Edition CMR 805.1 - Floor Finish - General

05-422: Mark Cutone v. City of Boston (152kb)

July 30, 2008

Issue: Whether the appellant should be granted variance from 6 ^th Edition 780 CMR 1010.2 that requires minimum number of exits based on the building occupant load, and whether the appellant should be granted variance from 6 ^th Edition 780 CMR 1014.8.2, which requires that all means of egress doors swing open in the direction of the egress travel.

780 CMR 1010.2 - Number of Exits - Minimum Number
780 CMR 1014.8.2 - Stairways -Direction of Swing

05-421: Better Living v. Town of Acton (110kb)

October 26, 2007

Issue: Whether the appellant should be granted variance from 780 CMR 3603.14.2 which requires porches, balconies, decks or raised floor surfaces located more than 30 inches above the floor or grade below shall have guardrails not less than 36 inches in height. 780 CMR 3603.14.2 (780 CMR 5312.1 in 7 ^th Edition) - Guards - Guards Required

Winchester Hospital v. Town of Winchester (156kb)

October 4, 2007

Issue: Whether to grant Appellant a variance of 780 CMR 1011.3 and 3404.3 in order to complete a renovation of the nursing unit at Winchester Hospital?
780 CMR 1011.3- Means of Egress - Exit Access Passageways and Corridors - Width
780 CMR 3404.3- Repair, Alteration, Addition, and Change of Use of Existing Buildings - 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 - New Building Systems

Perry v. City of Boston (139kb)

September 25, 2007

Issue: Whether the Board has jurisdiction to hold a hearing on a Building Code issue where there are also issues related to violations of the Boston Zoning Code and a Complaint and Notice to Show Cause existing in the Boston Housing Court?
780 CMR 118.1- Administration - Violations - Unlawful Acts
Boston Zoning Ordinance

NHM Realty LLC v. Town of Nantucket (146kb)

September 6, 2007

Issue: Whether to grant Appellant a variance of 780 CMR 503, involving a building with five stories instead of four, where if the "first level" was considered a "basement" the building would not be in violation of the code?
780 CMR 503- General Building Limitations - General Height and Area Limitations
780 CMR 502.1- General Building Limitations - Definitions - General

Mason v. Town of Dedham (188kb)

August 21, 2007

Issue: Whether to grant Appellant a variance of 780 CMR Tables 503 and 406.4, involving construction which includes both a parking garage and mercantile usage, and would allow for two types of construction (type 2C and 1B respectively)?
780 CMR Table 503- General Building Limitations - General Height and Area Limitations
780 CMR Table 406.4- Special Use and Occupancy - Open Parking Structures - Height and Area Limitations for Open Parking Structures

Michael Jolliffe v. Town of Mattapoissett and Andy Bobola (71kb)

September 26, 2007

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 3603.12.1.
780 C.M.R. 3603.12.1- Landings- general

Charles MacGregor v. Town of Shrewsbury BO (74kb)

September 26, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 3603.8.1-3 for two units of a new condominium development.
780 C.M.R. 3603.8.1-3- Minimum ceiling height- exceptions

Shawn McCormack, Owens Corning/ NES v. Town of Northbridge/ James Sheehan, Jr., Inspector of Buildings (118kb)

September 20, 2007

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 3603.8.1 pertaining to finished ceiling and soffit heights in reference to a building permit application to finish part of an existing basement.
780 C.M.R. 3603.8.1- Ceiling height requirements- minimum ceiling height

Christopher J. Connell & Dawn A. Connell v. Town of Pitsfield and Edwin May (111kb)

September 18, 2007

Issue: Whether Appellant should be granted variances from 780 C.M.R. 1017.4 and G.L. 143, §3R
780 C.M.R. 1017.4- Means of egress doorways- door hardware
G.L. 143, §3R- Inspection of buildings- apartment houses; exterior doors and locks

William Winkler v. City of Cambridge, and Michael Grover (90kb)

September 5, 2007

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 917.8.1 and 521 C.M.R. 40.3 relating to the use of strobe notification lights in stairways.
780 C.M.R. 917.8.1- Fire protection signaling systems (fire alarm systems)- alarm notification appliances- visible alarm synchronization
521 C.M.R. 40.3- Architectural Access Board- alarms- visual alarms

David Perry v. City of Boston and Charles Colburn (118kb)

August 20, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 111.8 pertaining to the expiration of a building permit; whether a Stop Work Order issued by the City of Boston Inspectional Services Department should be vacated.
780 C.M.R. 111.8- Expiration of a permit

Dan Walsh v. Town of Reading and C. Glen Redmond (87kb)

August 20, 2007

Issue: Whether Appellant should be granted variances from 780 C.M.R.3603.13.1 and 1014.3.
780 C.M.R. 3603.13.1- Stairways- width
780 C.M.R. 1014.3- Means of egress- stairways- width

William Starck v. State Building Official, Jeffrey Putnam (108kb)

August 20, 2007

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 1017.4 relating to door hardware.
780 C.M.R. 1017.4- Means of egress doorways- door hardware
103 C.M.R. 920.08- Department of Correction- County Correctional Facilities- Physical Plant- multiple occupancy areas

Harold Cutler v. City of Boston and Luis Santana (97kb)

August 20, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 924 relative to building fire pumps for his property.
780 C.M.R. 924- Fire protection systems- fire pumps
780 C.M.R 924.1- Fire protection systems- fire pumps- general

A.Vernon Woodworth v. Town of Bedford and Ronald Durgin (78kb)

July 31, 2007

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 1204.1 relative to ceiling height requirements.
780 C.M.R. 1204.1- Interior environment- room dimensions- ceiling heights

Richard Farrick v. Town of Millers Falls and Gina McNeely (104kb)

July 31, 2007

Issue: Whether Appellant should be allowed a variance from G.L. 143, §3R.
G.L. 143, §3R- Inspection of buildings- apartment houses; exterior doors and locks

Univ. of Mass. v. Dep't of Pub. Safety (171kb)

July 24, 2007

Issue: Whether to grant Appellant grant variances from 6 ^th edition 780 CMR 418.3.2, NFPA 30:2.3.3.2.1, NFPA 11:4.3.2.1.1, and 780 CMR Table 602 with respect to a fuel oil storage facility.

780 CMR 418.3.2-Use Groups H-1, H-2, H-3 and H-4-Use Group H-2-Flammable and Combustible Liquids
780 CMR Table 602-Fire Resistance Ratings of Structure Elements

Ullmann v. Town of Marblehead (126kb)

July 24, 2007

Issue: Whether to grant Appellant a variance from 6 ^th edition 780 CMR 3603.6 for his half bathroom when it has a window for natural ventilation.

780 CMR 3603.6-Chapter 36 has expired

Lin v. City of Malden (179kb)

July 24, 2007

Issue: Whether to grant Appellant variances from 6 ^th edition 780 CMR 108.3.5 and 108.3.6 to obtain a building permit

780 CMR 108.3.5-Rules and Regulations-Activities Requiring Licensing, Registration or Certification-Licensing of Construction Supervisors
780 CMR 108.3.6-Rules and Regulations-Activities Requiring Licensing, Registration or Certification-Registration of Home Improvement Contractors

Emerson College v. City of Boston (272kb)

July 24, 2007

Issue: Whether to grant Appellant variances from 6 ^th edition 780 CMR 917.9.1, 705.3, 705.5, 403.5, 403.2 to construct a building adjacent to an existing building

780 CMR 917.9.1-Fire Protective Signaling Systems-Voice/Alarm Signaling System
780 CMR 705.3-Exterior Walls-Openings
780 CMR 705.5-Exterior Walls-Vertical Exposure
780 CMR 403.5-High-Rise Buildings-Voice/alarm Signaling Systems
780 CMR 403.2-High-Rise Buildings-Sprinkler System

Carlson v. City Of Leominster (118kb)

July 24, 2007

Issue: Whether to grant Appellant a variance from 6 ^th edition 780 CMR 1204.1 in order to finish a basement area of a single family home.

780 CMR 1204.1-Room Dimensions-Ceiling Heights

Lowe's Inc. v. Town of Ware file size 1MB (1.96mb)

July 10, 2007

Issue: Whether to grant Appellant a variance from 6 ^th edition 780 CMR 903.2.1

780 CMR 903.2.1-Fire Protection Systems Approval/Acceptance-Authority-Alternative Fire Protection Design Methodologies-Independent Engineering Review

Fernando Perez v. Town of Wayland and Daniel Bennett (67kb)

July 10, 2007

Issue: Whether Appellant should be allowed a variance from 3603.12.1.
780 C.M.R. 3603.12.1- Landings- general

Perkins v. City of Lynn (153kb)

July 24, 2007

Issue: Whether to grant Appellant a variance from 6 ^th edition 780 CMR 3404.16, 3404.12.3 and 3400.3.

780 CMR 3404.16-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-Residential Use Groups
780 CMR 3404.12.3-- 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-Existing Buildings Substantially Altered
780 CMR 3400.3-Scope-Applicability

Abercrombie & Fitch v. City of Boston (161kb)

July 5, 2007

Issue: Whether to grant Appellant a variance from 6 ^th edition 780 CMR 713.3 with respect to renovation of retail shopping spaces.

780 CMR 713.3-Floor/Ceiling and Roof/Ceiling Assemblies-Floor Opening Enclosure

HRCA of Dedham, Inc. v. Town of Dedham (205kb)

July 5, 2007

Issue: Whether to grant Appellant a variance from 6 ^th edition 780 CMR 313.3.2 for construction of new apartments as part a Senior Supportive Housing Campus.

780 CMR 313.3.2-Mixed Use Groups-Use Group R

DaSilveira v. City of Brockton (167kb)

June 26, 2007

Issue: Whether to grant Appellant variances from 6 ^th Edition 780 CMR 3400.4, 1009, and 1014.6.3 to re-frame a winder staircase.

780 CMR 3400.4-Scope-Special Provisions for Means of Egress
780 CMR 1009-Capacity of Egress Components
780 CMR 1014.6.3-Stairways-Treads and Risers-Winders

Amisha LLC v. City of Woburn (136kb)

June 26, 2007

Issue: Whether to grant Appellant variances from 6 ^th Edition 780 CMR 603.2, Table 602, 113.3, 110.3 and 113.2 to complete construction of a breakfast area in a hotel.

780 CMR 603.2-Types 1 and 2 Construction-Interior Partitions
780 CMR Table 602-Fire Resistance Ratings of Structure Elements
780 CMR 113.3-Conditions of Permit-Compliance with Permit
780 CMR 110.3-Application for Permit-Exemptions
780 CMR 113.2-Conditions of Permit-Compliance with Code

Walsh v. Town of Reading (119kb)

June 14, 2007

Issue: Whether to grant Appellant variances from 6 ^th Edition 780 CMR 1014.3 and 3603.13.1 to reduce the required width of a stair leading to a basement.

780 CMR 1014.3-Stairways--Width
780 CMR 3603.13.1-Chapter 36 of the 6 ^th Edition has expired

Foy v. Town of Reading (100kb)

June 14, 2007

Issue: Whether to grant Appellant a variance from 6 ^th Edition 780 CMR 3603.8 to allow a reduced ceiling height.

780 CMR 3603.8-Chapter 36 of the 6 ^th Edition has expired

Owens Corning/NES v. City of Leominster (142kb)

June 14, 2007

Issue: Whether to grant Appellant a variance from 6 ^th Edition 780 CMR 1204.1 to allow for a finished basement.

780 CMR 1204.1-Room Dimensions-Ceiling Heights

Strandberg v. City of Springfield (139kb)

June 14, 2007

Issue: Whether to grant Appellant variances from 6 ^th Edition 780 CMR 3404.11 and 3404.12.

780 CMR 3404.11-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
780 CMR 3404.12-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 Requirements

Perry v. City of Boston (153kb)

June 26, 2007

Issue: Whether to grant Appellant a variance from 6 ^th edition 780 CMR 111.8 pertaining to an expiration of a building permit.

780 CMR 111.8-Permits-Expiration of Permit

Zalewski v. Town of Bedford (122kb)

June 26, 2007

Issue: Whether to grant Appellant a variance from 6 ^th edition 780 CMR 1017.4.1.2 in regards to a garage.

780 CMR 1017.4.1.2-Means of Egress Doorways-Door Hardware-Locks and Latches-Special Locking Arrangements

Venti v. City of Essex (119kb)

June 26, 2007

Issue: Whether to grant Appellant a variance from 6 ^th edition 780 CMR 118.

780 CMR 118-Violations

( Note: Appellant's request was dismissed because the Appeals Board had no jurisdiction in the case)

Community Rowing, Inc v. Commonwealth of Massachusetts

June 14, 2007

Issue: Whether to grant Appellant a variance from 6th Edition 780 CMR 1014.11 and render an interpretation about 6th Edition 780 CMR 805.1.

780 CMR 1014.11-Stairways-Interior Stairway Enclosures
780 CMR 805.1-Floor Finish--General

Cutone v. City of Boston

March 6, 2008

Issue: Whether to grant Appellant variances from 6th Edition 780 CMR 1010.2 and 1014.8.2 to permit a roof deck to be constructed

780 CMR 1010.2-Number of Exits-Minimum Number
780 CMR 1014.8.2-Stairways-Egress Doors-Direction of Swing

Better Living Sunrooms v. Town of Acton

May 22, 2007

Issue: Whether to grant Appellant a variance from 6th Edition 780 CMR 3603.14.2 for a glass-enclosed sunroom.

780 CMR 3603.14.2-Chapter 36 of the 6th Edition has expired

( Note: The Board rendered an interpretation of 780 CMR 3603.14.2 and determined that a variance was not required.)

Woodworth v. Town of New Bedford

May 22, 2007

Issue: Whether to grant Appellant a variance from 6th Edition 780 CMR 1204.1 relative to ceiling height requirements.

780 CMR 1204.1-Room Dimensions-Ceiling Heights

Keenan v. Town of Haverhill

May 22, 2007

Issue: Whether to grant Appellant a variance from 6th Edition 780 CMR 1020.2.2.

780 CMR 1020.2.2-Level of Exit Discharge Passageways Used as an Exit Element-Vestibule-Separation

Starck v. Putnam

May 22, 2007

Issue: Whether to grant Appellant a variance from 6th Edition 780 CMR 1017.4 relating to door hardware

780 CMR 1017.4-Means of Egress Doorways-Door Hardware

Doug Anderson, R.W. Sullivan, Inc. v. Richard Osborne, Haverhill Building Inspector (112kb)

April 25, 2007

Issue: Whether Appellant should be granted variances from the provisions of 780 C.M.R. 503.0, 705.3 and 1014.11.1 for the conversion of an existing mill building complex to a residential multi-family (R2) Use Group.
780 C.M.R. 503.0- General building limitations- general height and area limitations
780 C.M.R.. 705.3- Fireresistant materials and construction- exterior walls- openings
780 C.M.R. 1014.11.1- Means of egress- stairways- interior stairway enclosures- exception for Use Group A-5

Laurence Misrok v. Town of Lee and Donald Torrico (118kb)

April 5, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 111.4 for an unimproved lot.
780 C.M.R. 111.4- Permits- water supply
G.L. 40, §54- Restrictions on issuance of building permits- availability of water supply; disposal of debris
G.L. 165, §1- Water companies- definitions- water supply

David Ward, LD Builders, LLC v. William Thornton, Pittsfield Building Commissioner (97kb)

March 30, 2007

Issue: Whether the current means of egress from townhouse units meet the egress requirements set forth in Chapter 10 of the Code.
780 C.M.R. 1010.2- Means of egress- minimum number of exits
780 C.M.R. 1006.4- Types and location of means of egress- remote location
780 C.M.R. 1006.5- Types and location of means of egress- length of travel

Maura Santos v. City of Peabody and Paul Kolodziej (57kb)

March 26, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 3603.8.
780 C.M.R. 3603.8- Ceiling height requirements

Frederick Goff v. Town of Dracut and Dan McLaughlin (60kb)

March 26, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 918.4.5.
780 C.M.R. 918.4.5- Fire protection systems- automatic fire detection systems (fire alarms)- where required- when to use Group I-1

Richard Reuter v. City of Charlemont (52kb)

March 23, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 3603.8.1 to allow headroom of 78 to 82 inches for two bedrooms located in the basement area of the property.
780 C.M.R. 3603.8.1- Ceiling height requirements- minimum ceiling height

Dennis Glynn v. Town of Milton and Joseph Prondak (69kb)

March 22, 2007

Issue: Whether Appellant should be granted variances from 780 C.M.R. 1016.4, 1017.1.1 and 1017.4.5.
780 C.M.R. 1016.4- Means of egress- ramps- landings
780 C.M.R 1017.1.1- Means of egress doorways- general- floor surface
780 C.M.R 1017.4.5- Means of egress doorways- door hardware- access-controlled egress doors

Edward Richardson v. Town of Westwood and Joseph Doyle, Jr. (60kb)

March 14, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 806.2.
780 C.M.R. 806.2- Interior finishes- combustible materials permitted in floors of Type 1 and Type 2 construction- sleepers, bucks and grounds

Edward Richardson v. Town of Westwood and Joseph Doyle, Jr (65kb)

March 14, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 1014.4.
780 C.M.R. 1014.4- Means of egress- stairways- headroom

Jerald Baden v. City of Cambridge and Michael Grover (57kb)

March 14, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. Table 705 for a residential dwelling.
780 C.M.R. Table 705- Exterior wall fireresistance ratings

Michael Bedard v. Town of Northborough and William Farnsworth, Jr. (56kb)

March 12, 2007

Issue: Whether Appellant should be granted variances from 780 C.M.R. 3603.10.4.1 for a residential dwelling.
780 C.M.R. 3603.10.4.1- Means of egress- emergency egress from sleeping rooms- minimum size

Kevin Hastings v. Town of Falmouth and Eladio R. Gore (61kb)

March 12, 2007

Issue: Whether Appellant should be granted variances from 780 C.M.R. 3107.5.1, 3107.5.4 and 3107.7.
780 C.M.R. 3107.5.1- Special construction- flood-resistant construction- flood-hazard zones- elevation
780 C.M.R 3107.5.4- Special construction- flood-resistant construction- flood-hazard zones- water-resistant construction
780 C.M.R 3107.7- Special construction- flood-resistant construction protection of mechanical and electrical systems

Gregory Carell v. Town of Hanson and Robert Kirby (59kb)

March 12, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. Table 716.1.
780 C.M.R. Table 716.1- Fire door assemblies- length of exit access travel

Kevin Hastings v. Town of Sudbury and James F. Kelly (56kb)

March 12, 2007

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 1014.11 for an interior stairway enclosure.
780 C.M.R. 1014.11- Means of egress- stairways- interior stairway enclosures

Gino J. Baroni v. City of Lawrence and Gregory Arvanitis (76kb)

March 12, 2007

Issue: Whether Appellant should be granted variances from the provisions of 780 C.M.R. 3400.3(8) and 3406.0.
780 C.M.R. 3400.3 (8)- Repair, alteration, addition and change of use of existing buildings- applicability- residential use groups
780 C.M.R. 3406.0- Repair, alteration, addition and change of use of existing buildings- compliance alternatives

Jai Singh Khalsa, Khalsa Design, Inc. v. Michael Grover, Building Inspector (69kb)

February 12, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. Table 705 for the renovation of an existing historic masonry building.
780 C.M.R. Table 705- Exterior wall fireresistance ratings

Peter Boria v. Town of Charlton and Curtis Meskus (71kb)

January 24, 2007

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 904.2.
780 C.M.R. 904.2- Fire suppression systems- when to use Groups A-1, A-3, A-4, B, E, M, S-1, F-1

Shawn McCormack v. Town of Leicester and John Couture (66kb)

January 24, 2007

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 3603.8.1 (Exception 3) in order to lower the ceiling height of a finished basement.
780 C.M.R. 3603.8.1 (Exception 3)- Ceiling height requirements- minimum ceiling height- ceiling obstructions

Kevin Hastings v. Commonwealth of Massachusetts and David C. Holmes (68kb)

January 22, 2007

Issue: Whether Appellant should be granted variances from the provisions of 780 C.M.R. 1014.4 and 1022.2.4 for a reduction in the headroom of a stairway and modified handrails.
780 C.M.R. 1014.4- Means of egress- stairways- headroom
780 C.M.R. 1022.2.4- Means of egress- handrail details- height

Gwen Scarborough v. Town of Needham and Stephen O'Neill (59kb)

January 22, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 3603.8.1 for the minimum ceiling height of a basement.
780 C.M.R. 3603.8.1- Ceiling height requirements- minimum ceiling height

Reverend Robert Casey v. City of Boston and William Good (62kb)

January 22, 2007

Issue: Whether Appellant should be granted variances from the provisions of 780 C.M.R. 903.3 and 917.8 for a church.
780 C.M.R. 903.3- Fire protection systems approval/acceptance- fire protection systems installation
780 C.M.R. 917.8- Fire protective signaling systems- alarm notification appliances

Timothy Ballas v. City of Somerville and Al Bargoot (56kb)

April 5, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 1014.6.4.
780 C.M.R. 1014.6.4- Means of egress- stairways- treads and risers

Michael Ashe v. Department of Public Safety and Louise Vera (66kb)

January 22, 2007

Issue: How the Board should render an interpretation and direction of a building inspector's directive relative to 780 C.M.R. 1017.3, 1017.3.3, 1017.3.4 and 1017.4 and NFPA 72 5.12 and 5.12.6.
780 C.M.R. 1017.3- Means of egress doorways- size of doors
780 C.M.R. 1017.3.3- Means of egress doorways- size of doors- Use Group I-3
780 C.M.R. 1017.3.4- Means of egress doorways- size of doors- storage closets
780 C.M.R. 1017.4- Means of egress doorways- door hardware

Barbara Monopoli v. Town of Sudbury and Ken Surrette (61kb)

January 22, 2007

Issue: Whether the Board should order the Town of Sudbury Building Commissioner to require that a structural engineer address the existing structural issues concerning a dormer constructed above a condominium.

Mary Niles, James West, Stanley Goldstein and Hilda Hammill v. Town of Concord and John R. Minty (83kb)

January 22, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 1014.3 to allow for a decreased egress stair width.
780 C.M.R. 1014.3- Stairways- width
521 C.M.R.- Architectural Access Board

Maury I. Wolfe v. Department of Public Safety and William Robbins (74kb)

January 22, 2007

Issue: Whether Appellants should be granted several variances based upon the alternate protection system established by the Massachusetts State Police.
780 C.M.R. 302.1.1- Use or occupancy- classification- specific occupancy areas
780 C.M.R. 302.1.2- Use or occupancy- classification- accessory areas
780 C.M.R. 302.2- Use or occupancy- classification- mixed use
780 C.M.R. 304.0- Use or occupancy- Business Use Group
780 C.M.R. 304.2- Use or occupancy- Business Use Group- list of business occupancies
780 C.M.R. 308.4- Use or occupancy- Institutional Use Groups- Use Group I-3
780 C.M.R. 310.1- Use or occupancy- Residential Use Groups- general
780 C.M.R. 310.3- Use or occupancy- Residential Use Group- Use Group R-1 structures
780 C.M.R. 503.0- General building limitations- general height and area limitations
780 C.M.R. 904.0- Fire protection systems- fire suppression systems
780 C.M.R. 918.4.6- Fire protection systems- when automatic fire detection systems are required- Use Group R-1
780 C.M.R. 919.3.1- Fire protection systems- single and multiple-station smoke detectors- where required- Use Group R-1
780 C.M.R. 918.4.5- Fire protection systems- when automatic fire detection systems are required- Use Group I-3

Andrew Beder, BKA Architects, Inc. v. Town of Nantucket (90kb)

January 22, 2007

Issue: Whether Appellant should be granted variances from the provisions of 705.3, 707.1, 3202.1, 3400.3(6) and 3400.3(8) to allow for the elimination of a Party Wall/ Fire Wall requirement along the interior lot line of two commonly owned lots.
780 C.M.R. 705.3- Fireresistant materials and construction- exterior walls- openings
780 C.M.R. 707.1- Fireresistant materials and construction- scope- general
780 C.M.R. 3202.1- Construction in the public right-of-way- street encroachments- general
780 C.M.R. 3400.3(6)- Repair, alteration, addition and change of use of existing buildings- scope- applicability of assembly use groups
780 C.M.R. 3400.3(8)- Repair, alteration, addition and change of use of existing buildings- scope- residential use groups

Shawn McCormack v. Town of Sutton and John Couture (59kb)

January 18, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 3603.8.1 (Exception 3) in order to lower the height of the ceiling of a finished basement.
780 C.M.R. 3603.8.1 (Exception 3)- Ceiling height requirements- minimum ceiling height- exception for obstructions

Thomas Galvin v. Town of Andover and Christopher Clemente (64kb)

January 18, 2007

Issue: Whether Appellant should be a variance from780 C.M.R. 1014.6.4 to allow a spiral staircase to serve as a second means of egress.
780 C.M.R. 1014.6.4- Means of egress- stairways- treads and risers

Norton Remmer v. City of Boston and William Good (54kb)

January 18, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 1015.3 to allow reduced travel distance in a vestibule.
780 C.M.R. 1015.3- Means of egress- smoke proof enclosures- access

Eric Cote v. Chenier Durand and City of Cambridge (89kb)

January 18, 2007

Issue: Whether Appellant should be granted variances from the provisions of 780 C.M.R. 403.11, 406.1.2, 705.2, 705.3, 707.1, 708.2, 1015.2 and 2801.2.2.4.
780 C.M.R. 403.11- High-rise buildings- smoke-proof enclosures
780 C.M.R. 406.1.2- Open parking structures- general- separation
780 C.M.R. 705.2- Fireresistant materials and construction- exterior walls- fireresistance ratings
780 C.M.R. 705.3- Fireresistant materials and construction- exterior walls- openings
780 C.M.R. 707.1- Fireresistant materials and construction- scope- general
780 C.M.R. 708.2- Fire resistant materials and construction- firewall openings- size of opening
780 C.M.R. 1015.2- Means of egress- smokeproof enclosures- where required
780 C.M.R. 2801.2.2.4- Mechanical systems- mechanical code- location of air intakes and outlets- exhaust outlets and property lines

Caruso Amerigo v. City of Waltham and Brian Bower (53kb)

January 18, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 3603.8.1 for the minimum ceiling height of a basement.
780 C.M.R. 3603.8.1- Ceiling height requirements- minimum ceiling height and exceptions

Frank Riepe v. Town of Framingham and Mark Hughes (61kb)

January 18. 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 3603.10.1 which requires that Appellant install a remote second means of egress.
780 C.M.R. 3603.10.1- Means of egress

David Norton v. City of Boston and William Good (58kb)

January 18, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 403.2 to allow the Appellant the right to install a gaseous type of fire suppression system under raised floor spaces.
780 C.M.R. 403.2- High-rise buildings- sprinkler system

Erskine Chaffin v. City of Springfield and Steven T. Desilets (64kb)

January 18, 2007

Issue: Whether Appellant should be granted variances from the provisions of 780 C.M.R. 904.7, 918 and 3404.12.3 from the requirement of installation of a Fire Suppression System.
780 C.M.R. 904.7- Fire protection systems- Fire Suppression Systems- Use Group R-2
780 C.M.R. 918- Automatic fire detection systems (fire alarm systems)
780 C.M.R. 3404.12.3- Repair, alteration, addition and change of use of existing buildings- requirements for continuation of the same use group or change to a use group resulting in change in hazard index of one or less- when fire protection systems are required in existing buildings substantially altered or substantially renovated

Jack Radetsky v. Town of Sunderland and Sharon L. White (65kb)

January 11, 2007

Issue: Whether Appellant should be granted a variance from105 C.M.R. 410.480(c) for a structure in a rural area.
105 C.M.R. 410.480(c)- Department of Public Health- minimum standard of fitness for human habitation- locks

Shawn McCormack v. Town of Northfield and James Hawkins (56kb)

January 11, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 3603.8.1 to lower the ceiling height requirement of a finished room in a residence.
780 C.M.R. 3603.8.1- Ceiling height requirements- minimum ceiling height

Leonor Jimenez v. City of Lawrence and Gregory S. Arvanitis (59kb)

January 11, 2007

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 1204.1.
780 C.M.R. 1204.1- Interior environment- room dimensions- ceiling heights

Louise Burgin v. Town of Dedham and Kenneth R. Cimeno (58kb)

January 8, 2007

Issue: Whether Appellant should be granted variances from the provisions of 780 C.M.R. 3603.3.2 and 3603.2.1 for a school.
780 C.M.R. 3603.3.2- Fireresistance rating of exterior walls- openings
780 C.M.R. 3603.3.1- Fireresistance rating of exterior walls- exterior walls

J. Kirk Trombley, Esq. v. Commonwealth of Massachusetts and Robert Anderson (198kb)

December 6, 2007

Issue: Whether the building is unsafe and dangerous, and irreparably damaged as defined by 780 C.M.R. R3.
780 C.M.R. R3- Manufactured buildings, building components, mobile homes
780 C.M.R. R3.4.3.2- Manufactured buildings, building components, mobile homes, inspection by the state enforcement agencies or their agents, inspection of irreparably damaged components

PRZ Realty Trust, John R. Rivers, Trustee v. City of Malden (168kb)

November 5, 2007

Issue: Whether Appellant should be granted variances from 780 C.M.R. 116.0, 116.2, 116.2.2, 116.2.2.2, 116.2.2.3, 116.3, 116.5, 110.0, 110.12 and 1705.0, which generally require the submission of certain documentation to municipal building officials prior to commencing construction.
780 C.M.R. 116.0- Registered architectural and professional engineering service- construction control
780 C.M.R. 116.2- Registered architectural engineering services
780 C.M.R. 116.2.2- Registered architectural engineering services- architect/engineer responsibilities during construction
780 C.M.R. 116.2.2.2- Registered architectural engineering services- architect/engineer responsibilities during construction- must review and approval of the quality control procedures for all code-required controlled materials
780 C.M.R. 116.2.2.3- Registered architectural engineering services- architect/engineer responsibilities during construction- must be present at intervals appropriate to the stage of construction to become, generally familiar with the progress and quality of the work and to determine, in general, if the work is being performed in a manner consistent with the construction documents.
780 C.M.R. 116.2.3- Registered architectural engineering services- structural tests and inspections
780 C.M.R. 116.3- Construction contractor services
780 C.M.R. 116.5- Building official responsibility
780 C.M.R. 110.0- Application for permit
780 C.M.R. 110.12- Application for permit- structures subject to control
780 C.M.R. 1705.0- Requirements for structural tests and inspections

Erkskine E. Chaffin v. City of Springfield (118kb)

October 23, 2007

Issue: Whether the Board has the authority/jurisdiction to hear case regarding a demolition order.
G.L. 143, §10- Inspection of buildings- remedy of a person ordered to remove a dangerous structure or make it safe
G.L. 143, §9- Inspection of buildings- dangerous or abandoned structures removed or made safe by local inspector; costs; penalty; use of structure
G.L. 139, §2- Burnt or dangerous buildings- appeal to the superior court; trial by jury; costs
780 C.M.R. 121.0- Unsafe structures
780 C.M.R. 121.6- Unsafe structures- remedy of person ordered to remove a dangerous structure or make it safe

A. Vernon Woodworth v. Rockport, MA and Paul Orlando (86kb)

October 2, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 1006.2.4.3, 605.1, 705.3, 3107.0 and 1017.2.3 and M-308.1 of the National Mechanical Code.
780 C.M.R. 1006.2.4.3- Types and location of means of egress- construction of foyers and waiting spaces
780 C.M.R. 605.1- General construction
780 C.M.R. 705.3- Fire resistant materials and construction- exterior walls- openings
780 C.M.R 3107.0- Flood-resistant construction
780 C.M.R 1017.2.3- Number of doorways- door arrangement

David Morgan v. Town of Westborough, Donald Moquin (81kb)

October 2, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 3603.12.1.
780 C.M.R. 3603.12.1- Landings- general

Kevin Hastings v. City of Boston, Tom O'Donnell (96kb)

October 2, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 403.2, 904.2, and 906.2.1 and G.L. 148, §26A.
780 C.M.R. 403.2- High-rise buildings- sprinkler system
780 C.M.R. 904.2- Fire suppression systems- groups to use in buildings of 12,000 sf or greater in aggregate floor area
780 C.M.R. 906.2.1- Fire sprinkler systems- equipped throughout- NFiPA 13R systems
G.L. 148, §26A- Automatic sprinkler systems in high-rise buildings; enforcement; appeals

Jeremy Mason v. Town of Dedham and Ken Cinemo (115kb)

October 2, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 505.3 and 505.4 for a mezzanine.
780 C.M.R. 505.3- Building limitations- mezzanines- egress
780 C.M.R. 505.4- Building limitations- mezzanines- openness

Jeremy Mason v. Town of Dedham and Ken Cinemo (92kb)

October 2, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 406.4 and Table 503 for the mixed-use arrangement intended for a structure with Mercantile on the ground floor and open parking levels above.
780 C.M.R. 406.4- Open parking structures- heights and areas
780 C.M.R. Table 503- Height and area limitations of buildings

David Perry v. City of Boston and John Walsh (98kb)

October 2, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 113.3 and 115.2 pertaining to a Stop Work Order issued by the city.
780 C.M.R. 113.3- Conditions of permit- compliance with permit
780 C.M.R. 115.2- Required inspections

Debra and Timothy Burke v. City of Boston (130kb)

September 28, 2007

Issue: Whether Appellants should be granted a variance from 780 C.M.R. 3603.3.1 and 3603.3.2 in regards to installing vinyl siding on walls that lie within three feet of a property line.
780 C.M.R. 3603.3.1- Fire resistance rating of exterior walls- exterior walls
780 C.M.R. 3603.3.2- Fire resistance of exterior walls- openings

A. Vernon Woodworth, R.W. Sullivan, Inc. v. David C. Holmes, State Building Inspector

February 2, 2007

Issue: Whether Appellant should be allowed variances from 780 C.M.R. 1014.7, 1016.5 and 1021.3 for a new grand stand and press box at an athletic facility.
780 C.M.R. 1014.7- Means of egress- stairways- stairway guards and handrails
780 C.M.R. 1016.5- Means of egress- ramps- guards and handrails
780 C.M.R. 1021.3- Means of egress- guards- opening limitations

William Hammer, HKT Architects, Inc. v. David C. Holmes, State Building Inpspector (70kb)

January 26, 2007

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 1016.5
780 C.M.R. 1016.5- Means of egress- ramps- guards and handrails

William Hammer, HKT Architects, Inc. v. David C. Holmes, State Building Inspector (70kb)

January 26, 2007

Issue: Whether Appellant should be allowed variances from 780 C.M.R. 1014.7 and 1016.5 for the renovation of a dining hall.
780 C.M.R. 1014.7- Means of egress- stairways- stairway guards and handrails
780 C.M.R. 1016.5- Means of egress- ramps- guards and handrails

Peter Harrod, P.E., Rolf Jensen & Associates, Inc. v. Boston Inspectional Services Department (89kb)

January 8, 2007

Issue: Whether Appellant should be allowed variances from 780 C.M.R. 403.2 and 915.2 for a high-rise building and one-story arcade associated with retail space.
780 C.M.R. 403.2- Special use and occupancy- high-rise buildings- sprinkler system
780 C.M.R. 915.2- Fire protection systems- fire department connections- connections
G.L. 148, §26A- Automatic sprinklers in high-rise buildings; enforcement; appeals
780 C.M.R. 906.2.1- Fire protection systems- fire sprinkler systems-equipped throughout- exception for NFiPA 13 systems

Douglas Anderson v. City of Quincy and Joseph Prondak (112kb)

January 8, 2007

Issue: Whether Appellant should be granted a variance from 780 C.M.R. 1017.4.1.2 allowing a corporation to use its standard sign in lieu of the code required signage.
780 C.M.R. 1017.4.1.2- Means of egress doorways- door hardware- special locking arrangements

Patrick A. Stevens v. Town of Reading and C. Glen Redmond (68kb)

January 8, 2007

Issue: Whether Appellant should be allowed variances from 780 C.M.R. 3603.14.2, 3603.14.2.1, 3603.14.2.2 and 114.0 for a sunroom at a residence.
780 C.M.R. 3603.14.2- Guardrails
780 C.M.R. 3603.14.2.1- Guardrails- details
780 C.M.R. 3603.14.2.2- Guardrail opening limitations
780 C.M.R. 114.0- Administration- fees

Kevin Hastings v. Chenier Durand and City of Cambridge (76kb)

January 8, 2007

Issue: Whether Appellant should be allowed variances from 780 C.M.R.403.2, 904.2 and 906.2.1 for the omission of suppression in a transformer vault.
780 C.M.R. 403.2- Special use and occupancy- high-rise buildings- sprinkler system
780 C.M.R. 904.2- Fire protection systems- fire suppression systems- Use Groups A-1, A-3, A-4, B, E, M, S-1, F-1
780 C.M.R. 906.2.1- Fire protection systems- fire sprinkler systems- equipped throughout

Steven Januskis v. City of Boston and William Good (54kb)

January 8, 2007

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 1307.2 to allow one single meter for the proposed dwelling.
780 C.M.R. 1307.2- Energy conservation- electric power distribution- electrical metering

James V. Castellano v. David Harris and Town of Danvers (63kb)

January 8, 2007

Issue: Whether The Board should lift a stop work order for the construction of a three unit townhouse.

Maugel Architects, Inc. v. James Kelly and Town of Sudbury (54kb)

January 5, 2007

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 1021.2 concerning the height of an egress stairway guardrail.
780 C.M.R. 1021.2- Means of egress- guards- height

Decisions 2006

John R. Rivers v. City of Malden and Paul Johnson (54kb)

December 7, 2006

Issue: Whether the Board should reverse a stop work order that was issued as a result of violations of 780 C.M.R. 113.4, 3604.1.2, and 3604.3.1.
780 C.M.R. 113.4- Conditions of permit- compliance with site plan
780 C.M.R. 3604.1.2- Foundations- general requirements
780 C.M.R. 3604.3.1- Footings- general

James Shannon v. City of Boston and William Good (93kb)

December 4, 2006

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 903.2.1 for a historical school.
780 C.M.R. 903.2.1- Fire protection systems approval/acceptance- authority- alternative fire protection design methodologies- independent engineering review

William Grieco v. Town of Braintree and Darrin McAuliffe (102kb)

December 1, 2006

Issue: Whether the Board should interpret 780 C.M.R. 3102.12.4 as applying to a suspended Christmas display.
780 C.M.R. 3102.12.4- Special construction- temporary signs- special permits

Robert Franklin v. Town of Brookline and James Nickerson (97kb)

November 30, 2006

Issue: Whether Appellant should be allowed variances from 780 C.M.R. 108.3.5.1 and 113.3.
780 C.M.R. 108.3.5.1- Rules and regulations- licensing construction supervisors- who must be licensed
780 C.M.R. 113.3- Conditions of permit- compliance with permit

Patrick Kamins v. Town of Sunderland and Sharon White (88kb)

November 28, 2006

Issue: Whether Appellant should be allowed a variance from 105 C.M.R. 410.480(c) for an apartment building.
105 C.M.R. 410.480(c)- Minimum standards of fitness for human habitation- locks- main entry

Walter McLaughlin, Jr. v. Town of Brewster and Victor Staley (79kb)

November 28, 2006

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 111.8.
780 C.M.R. 111.8- Permits- expiration of permit

Robert Carasitti v. Town of Canton and Edward Walsh (74kb)

November 28, 2006

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 705.4 for an existing finished basement.
780 C.M.R. 705.4- Fireresistant materials and construction- exterior walls- vertical separation of openings

Shawn McCormack v. City of Leominster and William Charpentier (77kb)

November 22, 2006

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 1204.1 for an existing finished basement.
780 C.M.R. 1204.1- Interior environment- room dimensions- ceiling height

Robert Carasitti v. Town of Burlington and John Clancy (71kb)

November 22, 2006

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 402.12 for an addition to a mall.
780 C.M.R. 402.12- Special use and occupancy- covered mall buildings- smoke control

Paul Maduri v. Town of Milton and Steven Crawford (65kb)

November 22, 2006

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 3400.3 to renovate an existing basement locker room and construct an addition to a fitness center.
780 C.M.R. 3400.3- Repair, alteration, addition and change in use of existing buildings- scope- applicability

Peter Bryson v. Town of Northbridge and James Sheehan, Jr. (71kb)

November 21, 2006

Issue: Whether Appellant should be allowed variances from 780 C.M.R. Table 503 and 3400.3(4).
780 C.M.R. Table 503- General building limitations- height and area limitations of buildings
780 C.M.R. 3400.3(4)- Repair, alteration, addition and change in use of existing buildings- scope- applicability- additions

Vernon Woodworth v. City of Boston and William Good (134kb)

November 17, 2006

Issue: Whether Appellant should be allowed variances from 780 C.M.R. 705.3, 1010.2, 503.1 and 713.1.
780 C.M.R. 705.3- Fireresistant materials and construction- exterior walls- openings
780 C.M.R. 1010.2- Means of egress- minimum number of exits
780 C.M.R. 503.1- General building limitations- general height and area limitations
780 C.M.R. 713.1- Fireresistant materials and construction- floor/ceiling and roof/ceiling assemblies- general

Jacqueline Voss v. Town of Ipswich and James Sperber (109kb)

November 9, 2006

Issue: Whether Appellant should be allowed variances from 780 C.M.R. 120.1 and 1014.6.
780 C.M.R. 120.1- Certificate of occupancy- general: new buildings and structures
780 C.M.R. 1014.6- Means of egress- stairways- treads and risers

Patrick Kriksceonaitis v. Town of Manchester and Paul Orlando (66kb)

November 8, 2006

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 1021.2 to lower a railing on a viewing stand for tennis courts.
780 C.M.R. 1021.2- Means of egress- guards- height

David Eisen v. City of Medford and Donald Belanger (82kb)

November 8, 2006

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 1022 for a 100 year old school being converted into condominium units.
780 C.M.R. 1022- Means of egress- handrails

Paul Sullivan v. City of Boston and William Good (104kb)

October 25, 2006

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 917.9.
780 C.M.R. 917.9- Fire protection signaling systems- voice/alarm signaling system

James Jensen v. City of Boston and William Good (93kb)

October 23, 2006

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 1010.2 to renovate an area of an opera house into office space.
780 C.M.R. 1010.2- Means of egress- minimum number of exits
780 C.M.R. Table 1017.2- Means of egress doorways- spaces with one means of egress
780 C.M.R. 1011.2.1- Means of egress- exit access passageways and corridors- dead ends- common path of travel

Daniel Lewis v. Town of Millbury and Ronald DeSantis (230kb)

October 12, 2006

Issue: How the Board should review an inspector's failure to react when he refused to issue a certificate of occupancy for a residence and his failure to sign the building permit for a retaining wall.

Douglas Anderson v. City of Worcester and David Holden (173kb)

September 29, 2006

Issue: Whether Appellant should be granted variances from 780 C.M.R. 1014.6 and 1014.3 for property previously used as a warehouse that is currently in development to become residential lofts.
780 C.M.R. 1014.6- Means of egress- stairways- treads and risers
780 C.M.R 1014.3- Means of egress- stairways- width

John McArdle III v. Town of Andover and Kaija Gilmore (101kb)

September 26, 2006

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 1010.3 for a two story building with Business and Mercantile uses.
780 C.M.R. 1010.3- Means of egress- number of exits- buildings with one exit

Eric H. Cote v. City of Cambridge and Michael Grover (126kb)

September 25, 2006

Issue: Whether Appellant should be granted variances from 780 C.M.R. 403.2 and 906.2 which will allow Appellant to exclude fire sprinklers from within an Nstar transformer vault on the subject property.
780 C.M.R. 403.2- Special use and occupancy- high-rise buildings- sprinkler system
780 C.M.R. 906.2- Fire protection systems- fire sprinkler system- equipped throughout

James G. DiPaoli v. City of Boston and William Good (110kb)

September 25, 2006

Issue: Whether Appellant should be allowed a variance from 780 C.M.R. 906.2.1 which requires a sprinkler system to be installed in accordance with NFPA 13.
780 C.M.R. 906.2.1- Fire protection systems- fire sprinkler system- equipped throughout- exception for NFiPA 13 systems
780 C.M.R. 713.3 (Exception 5)- Fireresistant materials and construction- floor/ceiling and roof/ceiling assemblies- floor opening enclosure- atrium exception

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