Public Meeting Notice  BBRS Residential Code Subcommittee Meeting- 4.23.26

In accordance with the provisions of G.L. c. 30A § 20, the Board of Building Regulations and Standards Residential Code Committee convened a regular monthly meeting on:

Microsoft Teams Meeting April 23, 2026

The topics shown below were discussed at the aforementioned meeting: 9:06 AM Chair Mark Barbadoro called the open meeting to order.

Informational note: All votes were taken by roll call. Where each member voted in favor, the vote will be reported as unanimous.

Committee Members Present:

• Mark Barbadoro, DOL Appointee
• Todd Cantor, Municipal Fire Official
• Becca Edson, Architect
• Jason Ferschke, BBRS Member
• Greg Gagnon, Developer
• Reade Milne, Municipal Building Official

Committee Members Absent:

• Len Morse-Fortier, Structural Engineer
• David Silveira, CSL

DOL Staff Present:

• Tammy Gropman, Executive Director
• Charles Kilb, Senior Board Counsel

Acknowledged Public Attendees:

• Jacob Nunnemacher

1. Reviewed Meeting Minutes
   1. Meeting Minutes for March 26, 2026. Jason Ferschke motioned to approve meeting minutes, seconded by Reade Milne. A roll call vote was held, none opposed, none abstained. Motion passed unanimously. 
2. Reviewed Recommendation of Request for Interpretation 
   1. 2026-04 R111.1 Certificate of Occupancy in One- or Two-Family Dwelling. Members discussed interpretation request related to IRC Section R111.1 (Certificate of Occupancy), specifically focusing on when a new certificate of occupancy is required for one- and two-family dwellings undergoing work. Reade Milne provided overview of a draft response to the interpretation, described multiple scenarios and emphasized that building officials are responsible for determining whether work is substantial enough to warrant issuance of a new certificate of occupancy versus a certificate of completion. Members discussed how to structure the interpretation—whether to explicitly include the petitioner’s questions—and refined wording to ensure clarity and traceability to those questions. There was also recognition that the current code language in R111.1 may be ambiguous and could warrant future amendment proposals for clearer thresholds. Reade Milne motioned to approve the interpretation as drafted for BBRS review, seconded by Jason Ferschke. A roll call vote was held, none opposed, none abstained. Motion passed unanimously.
3. Reviewed Code Proposals
   1. R313.2, Appendix BO code change proposal sprinkler system for two-family dwellings submitted by T. Cantor. Members discussed IRC Section R313.2 (Automatic Fire Sprinkler Systems), with coordination to Appendix B.O. (existing buildings, alterations). The proposal is to . sprinkler systems in new two-family dwellings and newly created dwelling units within or attached to existing single-family dwellings. Members debated how this requirement should apply to additions versus alterations, and whether such work belongs in R313.2 (new construction) or should instead be governed through Appendix B.O. provisions for existing structures.
   2. Members discussed the scope of exemptions and concluded that broad exemptions for existing non-sprinkled buildings could effectively negate the requirement, particularly for single-family to two-family conversions. The discussion then focused on whether to include an exemption for Accessory Dwelling Units. Members weighed defining Accessory Dwelling Unit within Chapter 2 versus referencing 760 CMR 71.02, noting risks of inconsistency if the external definition changes. The committee discussed possibly referencing the 760 CMR definition by aligning with state housing policy while avoiding duplicating or fragmenting definitions. Todd Cantor motioned to adopt 760 CMR definition of Accessory Dwelling Unit in 780 CMR Chapter R2, seconded by Reade Milne. A roll call vote was held:
      • Voted Yes: Todd Cantor
      • Voted No: Reade Milne, Becca Edson, Jason Ferschke, Mark Barbadoro
      • Abstained: Greg Gagnon
   3. Motion failed to pass.
   4. Jason Ferschke motioned to adopt a modified 760 CMR Definition of Accessory Dwelling Unit including only item B relative to Gross Floor Area, seconded by Reade Milne. Members discussed potential exemptions and possible conflict with 760 CMR intent. A roll call vote was held: 
      • Voted Yes: Todd Cantor, Jason Ferschke
      • Voted No: Reade Milne, Becca Edson
      • Abstained: Greg Gagnon
   5. Motion failed to pass.
   6. Becca Edson motioned to accept amendment as originally written, seconded by Reade Milne. A roll call vote was held:
      1. Voted Yes: Todd Cantor, Reade Milne, Becca Edson, Greg Gagnon, Jason Ferschke
      2. Voted No: Mark Barbadoro
      3. Abstained: None
      4. Motion passed with majority. It was noted that Todd Cantor would provide a code change proposal form to provide the rationale for the change for the BBRS to review. 
4. Reviewed IRC and 780 CMR 51 Chapters
   1. IRC Chapter 12
      1. Members discussed Chapter 12 (Mechanical Systems / Combustion Air) and noted discrepancies in draft language, including an incorrect reference to the International Mechanical Code (IMC), which does not apply within the IRC framework. That item was tabled pending clarification.
   2. IRC Chapter 17
      1. Members discussed how to properly reference 527 CMR within the residential code without creating confusion about enforcement authority. Members expressed concern that language could be mistaken as to imply that building officials are responsible for enforcing fire code provisions. Members referenced ongoing debates within BBRS and the Fire Prevention Fire Protection subcommittee over signposting language, and discussed legal guidance suggesting overly explicit references could blur jurisdictional boundaries.
      2. The committee worked through multiple iterations of the language. Initially, the draft combined combustion air requirements with direct references to fire code compliance, but members found this unclear and potentially misleading. 
      3. Members discussed inclusion of a note to “See 527 CMR” to direct users to the applicable fire code. Jason Ferschke motioned to strike embedded reference to 527 CMR and add to amendment as a note, seconded by Reade Milne. A roll call vote was held, none opposed, none abstained. Motion passed unanimously. 
   3. IRC Chapter 21
      1. Jason Ferschke motioned to table Chapter 21, seconded by Reade Milne. A roll call vote was held, none opposed, none abstained. Motion passed unanimously.
5. Adjournment – The next meeting is scheduled for May 7, 2026
   1. Reade Milne motioned to adjourn, seconded by Todd Cantor. A roll call vote was held, none opposed, none abstained. Motion passed unanimously.
   2. Meeting adjourned at 11:18 AM.

Items Relied Upon

• Meeting Agenda
• Meeting Minutes
• Code Change Proposal regarding R111.1 sprinklers
• Request for Interpretation
• 2024 IRC