[MassHistPres] Fire Rating

[Garrett Laws]

Yes, the building inspector has some latitude and is charged with making
sure buildings are built safely as do a few other departments in the city /
town.

I’ve only seen (exterior residentially) the "fireproof" materials
requirement applied to new structures that are basically on the lot line.
In my line of work we replace a lot of materials with a "like for like"
approach. I've never heard of an inspector overriding historic commissions
etc to force a material change.


On Tuesday, January 18, 2022, Ralph Slate <slater at alum.rpi.edu> wrote:

> Is there a building code requirement in Massachusetts to prohibit wooden
> siding under certain circumstances? If not, then is it permissible for a
> local building commissioner to enact such a prohibition?
>
> Ralph Slate
> Springfield, MA
>
> On 1/18/2022 3:42 PM, Michael J Tubin wrote:
>
> We have been receiving more applicants that are being told by our new
> Building Commissioner he must consider fire rating when approving siding
> materials, based on his interpretation of MGL Chapter 40c section below.
>
>
>
> 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.
>
>
>
> Decision is based on setbacks and proximity to other properties, we are
> being required to allow property owners to use Hardi Plank cement siding.
> This is very frustrating when trying to keep historic materials on
> buildings. We are trying to push a compromise that will allow public view
> façades to be original materials and non-public view façades to be
> non-historic fire rated materials. Has anyone else run into this situation?
> Any materials other than Hardi Plank that would meet fire safety
> requirements?
>
>
>
> Michael Tubin
>
> Plymouth
>
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>
>
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