[MassHistPres] State sanitary code vs. historic districts

[Ralph Slate]

Does anyone have any experience regarding state sanitary code versus 
historic district regulations? We are in an internal dispute between the 
city's historic commission and the city's building department, and while 
our law department has issued an opinion that when a conflict arises 
between the state Building Codes and historic district, the historic 
district regulations shall prevail, our code enforcement department is 
now claiming that it is enforcing porch railing height under the state 
Sanitary Code, which was not addressed in our legal opinion,

Since most historic railings do not meet current code heights, code 
enforcement has been citing homeowners in historic districts, 
threatening them with $50 daily fines, and the homeowners respond 
quickly to such a threat, and make the changes without getting 
historical commission approval. And that sets up a bad situation, 
because we tell the homeowners that really tall railings are not 
appropriate for their structures, and the homeowner feels jerked around 
by the city.

Thanks,

Ralph Slate
Springfield, MA