[MassHistPres] If restoration is not according to code

Tristram Metcalfe twm3 at rcn.com
Sun Apr 13 10:53:55 EDT 2008


In the building code 7th edition 780CMR in 1 & 2 family residences
9309 HISTORIC BUILDINGS,
[if the house is]; 9309.2 'Totally preserved buildings' [significant +
publicly open 12 hours/year], 9309.2.1.1 state bldg code exceptions",,shall
be allowed without conformity to 780CMR generally, if provisions of 9309.2.2
have been met. 
[they are; fire safety and exit tech, occupancy loads accessibility &
energy.]

[if the house is]; 9309.3 'Partially preserved buildings', 9309.3.2 state
building code exceptions  ",, following features will be allowed,,,, so as
to not compromise the architectural integrity of the historical
characteristics ,,, which contributed to eligibility for listing in the
National Register of,,,, 3. Entries / porches-repair,,, existing system
(i.e. columns, balustrades, stairs,,,,,,, shall be permitted".

Also if the official still requires more than 36" rail ht you could add a
very thin hardly visible stainless cable at top,, obvious only to the
observer who is  able to see it and thus it's not original history. Also the
crawling infant max spindle open space of 5" could also have a very thin rod
or tight very thin wire anchored between them if the argument of very low
risk fails.

Remember in existing buildings "Compliance Alternatives" in the 6th edition
[not out yet in 7th ed] allow arguing for doing what ever you want if you
can show it alternatively complies with the intent of the code, thus an
infant blocker from low and inside might prevent need for a 5" max opening.

Click or paste 3 lines link to pdf downloads;
http://www.mass.gov/?pageID=eopsterminal&L=4&L0=Home&L1=Consumer+Protection+
%26+Business+Licensing&L2=License+Type+by+Business+Area&L3=Home+Improvement+
Contractor&sid=Eeops&b=terminalcontent&f=dps_bbrs_building_code&csid=Eeops

Attached is pdf;
780093PDF 126k    Repair, Renovation, Alteration, Addition, Demolition and
change of use of exiting one-and two-family Dwellings

Tris Metcalfe

Tristram W. Metcalfe III,   AIA  NCARB  NY MA CT
142  Main St. Northampton, Mass. 01060
E <twm3 at metcalfe-architecture.com>
P 413.586.5775 C 413.695.8200
Alt.E < twm3 at rcn.com >
http://www.wmaia.org/firm_profiles/metcalfe_associates.html
 

> p schneider4/12/08 7:21 PMschnei at massmed.org

> We have this problem frequently in Worcester and the building code
> always gets its way. Removing access to the roof would allow the lower
> balustrade to be preserved but merely nailing the door shut may not
> suffice since it could be considered temporary. One would have to check
> with the inspector. Of course, if a higher balustrade is mandated it
> should be as visually appropriate as possible.
> 
> Peter Schneider
> Worcester Historical Commission
> 
> sylvia belkin wrote:
>> I have clients who just bought and intend to restore a Richard Morris Hunt
>> house. The balustrade on the port cochere is short of the current code
>> height, and the spatial configurations too wide. How do  Building Inspectors
>> typically rule in such cases? There is a door on the second floor leading
>> onto the roof of the port cochere. They're willing to nail it shut if this
>> will help. Any thoughts would be very helpful. Sylvia Belkin, Swampscott
>> Historical Commission
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