[MassHistPres] Fire Rating

[Ward Hamilton]

Other than new construction, it would seem that this concern would only
become an issue when the applicant wants to secure a permit to replace the
wooden clapboard cladding on the wall(s) of the building. It is rare for
the condition to be such that even half of the clapboards warrant
replacement.

The correct, preservation approach is to replace pieces of cladding that
have failed (rotted, bowing, unable to hold paint coatings) with new ones.
Even if the failures extended from the foundation to four or five feet
above grade, one wouldn't allow the remaining historic building fabric to
be replaced.

This may cause the following objection: "The building commissioner is
requiring us to use fireproof materials, such as HardiPlank, and they don't
match the wooden clapboards, so we have to do the whole thing." Not so
fast, you say.

The building commissioner has the right to force owners to use new
materials that are fireproof, but he doesn't have the right to compel
owners to remove existing materials that are in fair, serviceable condition
and replace them *even if that's what the owner wants*.

You have the power to limit the scope of work to the materials that are
failing and require in kind replacement materials. In kind, meaning size
(dimensions and profile), exposure to the weather (the reveal) and
composition (in this case, wood). You may consider substitute materials
that will be painted for a variety of reasons, including the demands of the
building commissioner.

However, the onus is on the owner to present substitute materials that will
work with the abutting, existing building fabric. HardiPlank doesn't work?
Come back with something else. Can't find something else? Keep looking.

What you may find is that, even if they do find a product that replicates
the profile of a cedar clapboard, they don't want to use them. After the
whole side of the building is painted, the new flat, smooth materials stand
in contrast to the older materials. They were hoping for everything to look
new or at least consistent.

That is not an acceptable justification for total replacement of the wall
cladding materials. Your commission has the ability to limit which
materials may be replaced, and what they are replaced with, as long as they
comply with the building commissioner's sole requirement that they be
fireproof.




Ward Hamilton
Chairman
Melrose Historical Commission

On Tue, Jan 18, 2022, 4:30 PM 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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