[MassHistPres] Historic Commission vs. Building department

[schwirnewt at aol.com]

With regard to the last part of the question regarding porch railings be advised of the followin. 
 
The Massachusetts State Building Code - 6th Edition states in Paragraph 102.5.2 the following.
"Unless specifically provided otherwise in 780-CMR, and existing building or structure shall meet and shall be presumed to meet the provisions of the applicable laws, codes, rules or regulations, bylaws or ordinances in effect at the time such building or structure was constructed or altered and shall be allowed to continue to be occupied pursuant to its use and occupancy provided that the building shall be maintained in accordance with 780 CMR 103."
 
As long as the original railings are structurally sound and maintained in good condition the building official does not have the authority to dictate that they be made to comply with current code. Chapter 34 of the Mass Code allows the original railings to be "repaired" but if the intent is a wholesale replacement then the new railing would have to be code compliant. 
 
-----Original Message-----
From: slater at alum.rpi.edu
To: masshistpres at cs.umb.edu
Sent: Fri, 2 Mar 2007 9:57 AM
Subject: [MassHistPres] Historic Commission vs. Building department


There is a clause in MGL 40C, Section 9 that says: 

"Nothing in this chapter shall be construed to prevent the ordinary
maintenance, repair or replacement of any exterior architectural feature
within an historic district which does not involve a change in design,
material, color or the outward appearance thereof, nor to prevent
landscaping with plants, trees or shrubs, nor construed to prevent the
meeting of requirements certified by a duly authorized public officer to
be necessary for public safety because of an unsafe or dangerous
condition, nor construed to prevent any construction or alteration under
a permit duly issued prior to the effective date of the applicable
historic district ordinance or by-law."

In Springfield, our city officials are interpreting this to mean that a
three-person structural survey board can order the demolition of a
property that they deem to be structurally unsound, even though the SHC
has voted to deny demolition. They have also used this power to order
the demolition of abandoned buildings (which they deem "fire hazards")
without even notifying or petitioning the SHC.

Has any other community met with such a situation? Does the clause above
give code enforcement departments trump power over historic district
guidelines, for example, most original porch railings do not meet code,
can the code enforcement department order that a homeowner bring their
property up to code?

Thanks,

Ralph Slate
Springfield, MA

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