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

[heartwood]

thank you for your valuable response and information tad...

a portion of the codes in general and the stretch code in particular tend to get me a
bit riled....a 200 year old window with a good storm window will prove to be as efficient
as a replacement window with a life span of 30 years...add to that spring bronze weather
stripping and a replacement window will be given a run for its money....

a 200 year old window was built without environmentally toxic energy and with old growth wood that will 
last in perpetuity with simple maintenance...to suggest
that replacing a wood window for, say $1,500 each, is energy efficient is not looking at the larger picture...
how long will it take to recoup the cost of ten windows when considering energy savings?  the old window
will end up in a landfill and become someone else’s problem down the road...

some storm windows with low e glass are now energy star rated...course, that’s not saying a lot since I 
believe those testers work along side replacement window manufacturers and do more harm than good in
some circumstances....

my old windows are keeping all this rain out just fine...

........jade

jade mortimer
heartwood window restoration
po box 114 1605 mohawk trail
charlemont, ma 01339
413-625-8680

From: Tad Heuer via MassHistPres 
Sent: Thursday, July 27, 2023 1:13 PM
To: Dennis De Witt 
Cc: MHC MHC listserve 
Subject: Re: [MassHistPres]stretch code combined with HERS ratings — and window replacement

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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