[MassHistPres] stretch code combined with HERS ratings — and window replacement

[Tad Heuer]

Dennis -

A similar issue came up in Wellesley about a decade ago (under a previous
version of the Stretch Code). We had at least two owners of older
residences who were renovating but wanted to retain their historic
windows.  Our building inspector ruled that once a certain amount of
renovation work had been done on a structure, the Stretch Code applied.
Since the Stretch Code has more stringent requirements for meeting
insulation values (essentially, whether the building will pass a door
blower test), the owners were told that they would fail a blower test
unless they replaced all of their windows.

In both instances in Wellesley, the owners were told (correctly) that they
could appeal the local determination and seek a variance from the State
Building Code Appeals Board, and at least one owner did (and received the
variance without any problems).  But for all but the most committed
preservationists, that's a practical hassle in terms of both time and money
that often doesn't seem worth the trouble (nor is a variance guaranteed).

I am skeptical that this is a situation where a variance could be sought
from the local ZBA, since per the G.L. c. 40A, s. 3 -- the state Zoning Act
-- municipalities may not use zoning to regulate matters governed by the
State Building Code ("No zoning ordinance or by-law shall regulate or
restrict the use of materials, or methods of construction of structures
regulated by the state building code,"). It seems more likely that any
reference to a variance in the context of the Stretch Code is one from the
State Building Code Appeals Board.

Note that even if the stretch code has been adopted by a municipality,
there is an express exemption in Section C501.5 for
listed/designated/certified "historic buildings," as follows:

C501.5 Historic Buildings
Provisions of this code relating to the construction, repair, alteration,
restoration and movement of structures, and change of occupancy shall not
be mandatory for historic buildings provided that a report has been
submitted to the code official and signed by a registered design
professional, or a representative of the State Historic Preservation Office
or the historic preservation authority having jurisdiction, demonstrating
that compliance with that provision would threaten, degrade or destroy the
historic form, fabric or function of the building.


"Historic Building" is defined in Section C201 as " Any building or
structure that is one or more of the following:

   1. Listed, or certified as eligible for listing, by the State Historic
   Preservation Officer or the Keeper of the National Register of Historic
   Places, in the National Register of Historic Places.
   2. Designated as historic under an applicable state or local law.
   3. Certified as a contributing resource within a National
   Register-listed, state-designated or locally designated historic district.

Best,
Tad Heuer
Former Chair, Wellesley Historical Commission

On Thu, Jul 27, 2023 at 8:06 AM Dennis De Witt via MassHistPres
<masshistpres at cs.umb.edu> wrote:

> A question has arisen about an aspect of the new stretch code which, in
> combination with some steps in HERS ratings, may seem to require that, if
> there is renovation of more than 1000 ft.², historic windows must be
> replaced.
>
> It has also been said that the ZBA can grant a variance, so the original
> structure does not have to be altered, as long as any addition meets the
> prescriptive table — and that this will also eliminate the need for a HERS
> rater.
>
> Note that the question references “renovation” while the suggested ZBA
> solution refers to an “addition."
>
> I would be interested if anyone has had experience with this issue.
>
> Thanks
>
> Dennis De Witt
> Brookline
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