The Massachusetts Supreme Judicial Court recently ruled that distinct portions of a mixed-used building may be treated as distinct and different structures under the state building code. The ruling clarifies more than 40 years of sometimes contradictory decisions.
The case pertained to a resident of a mixed-use building who fell and was seriously injured when a guardrail on a staircase broke. A key question in the case was: “does a building containing both commercial and residential components fall entirely under the section of the state building code applying to commercial buildings?”
The court said that it was significant that resident's apartment wasn't in a commercial portion of the building with the staircase being separate from the commercial section of the structure. The court wrote: “In some cases, the term ‘building’ may encompass only a portion of a larger structure.”
Related Stories
Codes and Standards | Jan 28, 2021
Natl. Fire Protection Assn. releases new energy storage system fact sheet
Comes as Biden Administration prepares ambitious clean energy agenda.
Codes and Standards | Jan 27, 2021
AECOM sues insurance carrier for payment of COVID-19 property damage claims
Claims ‘all-risk policies’ should have included millions of dollars of losses due to virus.
Codes and Standards | Jan 26, 2021
Updated guide to repair and rehabilitate existing concrete structures published
Document assesses how to adhere to code requirements.
Codes and Standards | Jan 25, 2021
New guide for skylight selection, daylighting design released
Free Fenestration and Glazing Industry Alliance document now available.
Codes and Standards | Jan 21, 2021
California considers statewide ban on natural gas heat, hot water in new homes
Code update would take effect in 2023.
Codes and Standards | Jan 20, 2021
Steel industry, labor urge Biden to retain steel tariffs
‘Essential to ensuring the viability of the domestic steel industry.’
Codes and Standards | Jan 19, 2021
2021 Solar Investment Tax Credit will remain at 26%
Incentive was scheduled to be reduced to 22%.
Codes and Standards | Jan 19, 2021
Thomas Jefferson University launches the Institute for Smart and Healthy Cities
Will address climate change, social equity, rapid urbanization, and health.
Codes and Standards | Jan 14, 2021
Petition urges FEMA to update flood maps, set tougher standards for floodplain construction
Environmental and planning groups note soaring claims, flood insurance debt.
Codes and Standards | Jan 13, 2021
Proposed change to IECC process irks efficiency advocates
New procedure would diminish influence of local code officials.
