[MassHistPres] Demolition Delay vs Public Safety

[Marcia Starkey]

Is there a state requirement that the Building officer periodically inspect
certain types of buildings for safety?  This is possibly a local
requirement.

Marcia Starkey, Greenfield HC

-----Original Message-----
From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Jane Guy
Sent: Monday, December 10, 2012 4:09 PM
To: masshistpres at cs.umb.edu
Subject: Re: [MassHistPres] Demolition Delay vs Public Safety

Our Demolition Delay Ordinance states, "Nothing in this section shall
supersede the regulations of the state building code, 780 CMR sections 123.0
and 124.0 regarding unsafe structures and emergency measures."

Not being well versed with MA building code, I believe it gives the Building
Inspector the authority to require a building owner to fix/make safe or
remove unsafe buildings by condemning them.  However, our Building Inspector
will typically ask me if it is historic first.  If it is in a local
district, he will require it to be secured (i.e. roof repair, cabling,
boarding, security fence) and is less likely to condemn it.  After no
response from the owner, he might take the steps to have it secured and then
put a lien on the property.

If it is outside a local historic district, but is still of historic
significance, he often will give my commission the opportunity to try to
save it (convincing the owner of its value, etc.).  Of course, any building
can be restored if you can find the cash to do it.  Ultimately, the Building
Inspector has the ability to have it demolished if he feels there are no
viable alternatives or if the public safety is imminently threatened, but in
general ours tries not to require buildings to be removed.  I think if the
building is on fire watch, it would likely influence otherwise.

I am not familiar with any incidents where our Health Department has tried
to have a building demolished.



 
 
Jane A. Guy
Assistant Community Development Director City of Salem Department of
Planning & Community Development
120 Washington St., 3rd Floor
Salem, MA  01970
978-619-5685
(F) 978-740-0404
jguy at salem.com
www.salem.com
 

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Sent: Friday, December 07, 2012 12:00 PM
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Subject: MassHistPres Digest, Vol 82, Issue 2

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Today's Topics:

   1. Demolition Delay vs Public Safety (Robin Ragle-Davis)


----------------------------------------------------------------------

Message: 1
Date: Fri, 7 Dec 2012 07:46:22 -0500
From: Robin Ragle-Davis <robin at rrinteractive.com>
Subject: [MassHistPres] Demolition Delay vs Public Safety
To: MassHistPres at cs.umb.edu
Message-ID: <9E16B206-EB0A-4E6D-8FA4-7F2E18A5546F at rrinteractive.com>
Content-Type: text/plain; charset=US-ASCII; format=flowed; delsp=yes

We have a demo delay bylaw in Wareham.

Lately the  town has been taking a proactive approach toward ridding the
town of buildings that are in such disrepair they are considered health
hazards by the Health Department. Does anyone have experience with this sort
of thing?

It occurs to me that in such cases where a building has actually been
considered condemned or deemed a threat to public safety that might bypass
the hearing process?



Robin Ragle-Davis
Chair, Wareham Historical Commission













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