[3-23-65, § 3.1]
These regulations shall be known as the "Building Code of The
City of North Adams, hereinafter referred to as the "Basic Code."
They shall control all matters concerning the construction, alteration,
addition, repair, removal, demolition, use, location, occupancy and
maintenance of all buildings and structures and their service equipment
as herein defined and shall apply to existing or proposed buildings
and structures in the City except as such matters are otherwise provided
for in other ordinances or statutes.
[3-23-65, § 3.2]
The Basic Code shall be construed to secure its expressed intent
and insure public safety health and welfare insofar as they are affected
by building construction through structural strength, adequate, egress
facilities, sanitary equipment, light and ventilation and fire safety
and in general, to secure safety to life and property from all hazards
incident to the design, erection, repair, removal, demolition or use
and occupancy of buildings, structures or premises.
[3-23-65, § 3.3]
The provisions of the Basic Code shall apply to all buildings
and structures and their appurtenant constructions, including vaults,
area and street projections and accessory additions, and shall apply
with equal force to municipal, county, state and private buildings
except where such buildings are otherwise specifically provided for
by statute.
[3-23-65, § 3.32]
No building or structure shall be constructed, extended, repaired, removed or altered in violation of these provisions except for ordinary repairs as defined in section 3-6 and except, further, that the raising or lowering or moving of a building or structure as a unit necessitated by a change in legal grade or widening of a street shall be permitted; provided, that the building is not otherwise altered or its use or occupancy changed.
[3-23-65, § 3.3.2]
Any requirement essential for structural, fire or sanitary safety
of an existing or proposed building or structure or essential for
the safety of the occupants thereof and which is not specifically
covered by the Basic Code shall be determined by the building inspector
consistent with existing law.
[3-23-65, § 3.3.3]
Ordinary repairs to buildings may be made without application
or notice to the building inspector, but such repairs shall not include
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support or the removal
or change of any required means of egress or rearrangement of parts
of a structure affecting the exit requirements; nor shall ordinary
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
soil, waste, vent or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
[3-23-65, § 3.5]
When the installation, extension, alteration or repair of an
elevator, moving stairway, mechanical equipment, refrigerating, air
conditioning or ventilating apparatus, plumbing, gas piping, electric
wiring, heating system or any other equipment is specifically controlled
by the provisions of the Basic Code or applicable regulations or laws,
it shall be unlawful to use such equipment until a certificate of
approval has been issued therefor by the building inspector or other
governmental agency having jurisdiction.
[3-23-65, §§ 3.6, 3.6.1]
All building and structures and all parts thereof, both existing
and new, shall be maintained in a safe and sanitary condition. All
service equipment, means of egress, devices and safeguards which are
required by the Basic Code in a building or which were required by
a previous statute in a building when erected, altered or repaired
shall be maintained in good working order.
The owner or his designated agent shall be responsible for the
safe and sanitary maintenance of the building or structure and its
exit facilities at all times.
[3-23-65, § 3.7]
The legal use and occupancy of any structure existing on April
1, 1965, or for which it had been heretofore approved may be continued
without change except as may be specifically covered in the Basic
Code or as may be deemed necessary by the building inspector for the
general safety and welfare of the occupants and the public.
[3-23-65, § 3.7.1]
It shall be unlawful to make any change in the use or occupancy
of any structure which would subject it to any special provision of
the Basic Code without approval of the building inspector and his
certification that such structure meets the intent of the provisions
of law governing building construction for the proposed new use and
occupancy and that such change does not result in any greater hazard
to public safety or welfare.
[3-23-65, §§ 3.8 to 3.8.7]
Except as provided in this section, existing buildings when
altered or repaired as herein specified shall be made to conform to
the full requirements of the Basic Code for new buildings:
(a)
Alterations exceeding 50%. If alterations or repairs are made within
any period of 12 months, costing in excess of 50% of the physical
value of the building.
[3-23-65, §§ 3.8 to 3.8.7]
(b)
Damages exceeding 50%. If the building is damaged by fire or any
other cause to an extent in excess of 50% of the physical value of
the building before the damage was incurred.
(c)
Alterations under 50%. If the cost of alterations or repairs described
herein is between 25 and 50% of the physical value of the building,
the building inspector shall determine to what degree the portions
so altered or repaired shall be made to conform to the requirements
for new buildings.
(d)
Alterations under 25%. If the cost of alterations or repairs described herein is 25% or less of the physical value of the building, the building inspector shall permit the restoration of the building to its condition previous to damage or deterioration with the same kind of materials as those of which the building was constructed; provided, that such construction does not endanger the general safety and public welfare and complies with the provisions of section 109.2 of the Third Edition, 1960, BOCA Abridged Building Code as amended, in respect to existing roofs.
(e)
Increase in size. If the building is increased in floor area or number
of stories, the entire building shall be made to conform with the
requirements of the Basic Code in respect to means of egress, fire
safety, light and ventilation.
(f)
Partial change in use or occupancy. If a portion of the building
is changed in occupancy or to a new use group and that portion is
separated from the remainder of the building with the required vertical
and horizontal fire divisions complying with the fire grading in Appendix
E1 of the Third Edition, 1960, BOCA Abridged Building Code, as amended,
then the construction involved in the change shall be made to conform
to the requirements for the new use and occupancy, and the existing
portion shall be made to comply with the exit requirements of the
Basic Code.
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In applying the provisions of this section, the physical value
of the building shall be determined by the building inspector based
on current replacement costs.
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[3-23-65, §§ 3.9, 3.9.5]
The building inspector shall enforce all the provisions of the
Basic Code and shall act on any question relative to the mode or manner
of construction and the materials to be used in the erection, addition
to, alteration, repair, removal, demolition, installation of service
equipment and the location, use, occupancy and maintenance of all
buildings and structures except as may otherwise be specifically provided
for by statutory requirements or as herein provided:
(a)
Applications and permits. He shall receive applications and issue
permits for the erection and alteration of buildings and structures
and examine the premises for which such permits have been issued and
enforce compliance with the Basic Code provisions.
(b)
Building notices and orders. He shall issue all necessary notices
or orders to remove illegal or unsafe conditions, to require the necessary
safeguards during construction, to require adequate exit facilities
in existing buildings and structures and to insure compliance with
all the code requirements for the safety, health and general welfare
of the public.
(c)
Inspections. He shall make all the required inspections, or he may
accept reports of inspection of authoritative and recognized services
or individuals; and all reports of such inspections shall be in writing
and certified by a responsible officer of such authoritative service
or by the responsible individual; or he may engage such expert opinion
as he may deem necessary to report upon unusual technical issues that
may arise, subject to the approval of the appointing authority.
(d)
Research and investigations. He shall make or cause to be made investigations
of new developments in the building industry. Subject to local climatic
or other conditions, he shall accredit tests meeting the functional
requirements of the Basic Code conducted by accredited authoritative
agencies listed in Appendix A of the Third Edition, 1960, BOCA Abridged
Building Code, as amended, or he may accept duty authenticated reports
from the Building Inspectors Conference of America or from recognized
authoritative sources of all new materials and methods of construction
proposed for use which are not specifically provided for in the Basic
Code. The costs of all tests or other investigations required under
these provisions shall be paid by the applicant.
(e)
New materials. He shall establish the conditions for use of new materials
consistent with the provisions of the Basic Code and with minimum
requirements based on accepted engineering practice.
[3-23-65, §§ 3.10, 3.10.1]
When there are practical difficulties involved in carrying out
structural or mechanical provisions of the Basic Code, the building
inspector may vary or modify such provision upon application of the
owner or his representative; provided, that the spirit and intent
of the law shall be observed and public welfare and safety be assured.
The application for modification and the final decision of the building
inspector shall be in writing and shall be officially recorded with
the application for the permit in the permanent records of the department
of building inspection.
[3-23-65, §§ 3.11 to 3.11.4]
(a)
Preliminary inspection. Before issuing a permit, the building inspector
shall examine or cause to be examined all buildings, structures and
sites for which an application has been filed for a permit to construct,
enlarge, alter, repair, remove, demolish or change the use thereof,
and he shall conduct such inspections from time to time during and
upon completion of the work for which he has issued a permit; he shall
maintain a record of all such examinations and inspections and of
all violations of the Basic Code.
(b)
Accredited inspection services. He may accept reports of his own
inspectors or of approved inspection services which satisfy his requirements
as to qualifications and reliability.
(c)
Plant inspection. When required by the provisions of the Basic Code,
materials or assemblies shall be inspected at the point of manufacture
or fabrication.
(d)
Inspection reports. All inspection reports shall be in writing and
shall be certified by the licensed authority or responsible officer
of the service or the individual when expert inspection services are
accepted. A label or mark of approval permanently fixed to the product
indicating that factory inspection has been made shall be accepted
in lieu of the aforesaid report in writing.
(e)
Final inspection. Upon completion of the building or structure and before issuance of the certificate of use and occupancy required in section 3-28, a final inspection shall be made, and all violations of the approved plans and permit shall be noted, and the holder of the permit shall be notified of the discrepancies.
[3-23-65, §§ 3.12 to 3.12.2]
Right of entry. In the discharge of his duties, the building
inspector or his authorized representative shall have the authority
to enter at any reasonable hour any building, structure or premises
in the municipality to enforce the provisions of the Basic Code.
Official badge. He may adopt a badge of office for himself and
assistants, which shall be displayed for the purpose of identification.
Municipal cooperation. The assistance and cooperation of the
police, fire, and health departments and all other municipal officials
shall be available to him as required in the performance of his duties.
[3-23-65, § 3.13]
It shall be unlawful to construct, enlarge, alter, remove or demolish or change the occupancy of a building from one use group to another requiring greater strength, exit or sanitary provisions or to change to a prohibited use or to install or alter any equipment for which provision is made or the installation of which is regulated by the Basic Code without first filing an application with the building inspector in writing and obtaining the required permit therefor; except that ordinary repairs as defined in section 3-6 which do not involve any violation of the Basic Code shall be exempt from this provision.
[3-23-65, §§ 3.13.1 to 3.13.8]
(a)
Form. The application for a permit shall be submitted in such form
as the building inspector may prescribe.
(b)
By whom made. Application for a permit shall be made by the owner
or lessee of the building or structure or agent of either or by the
licensed engineer or architect employed in connection with the proposed
work. If the application is made by a person other than the owner
in fee, it shall be accompanied by a duly verified affidavit of the
owner or the qualified person making the application that the proposed
work is authorized by the owner in fee and that the applicant is authorized
to make such application. The full names and addresses of the owner,
lessee, applicant and of the responsible officers, if the owner or
lessee is a corporate body, shall be stated in the application.
(c)
Description of work. The application shall contain a general description
of the proposed work, its location, the use and occupancy of all parts
of the building or structure and of all portions of the site or lot
not covered by the building and such additional information as may
be required by the building inspector.
(d)
Plans and specifications. The application for the permit shall be
accompanied by not less than two copies of specifications and of plans
drawn to scale with sufficient clarity and detail dimensions to show
the nature and character of the work to be performed. When quality
of materials is essential for conformity to the Basic Code, specific
information shall be given to establish such quality; and in no case
shall the code be cited or the term "legal" or its equivalent be used
as a substitute for specific information. The building inspector may
waive the requirement for filing plans when the work involved is of
a minor nature.
(e)
Plot diagram. There shall also be filed a plot plan showing to scale
the size and location of all the new construction and all existing
structures on the site, distances from lot lines and the established
street grades; and it shall be drawn in accordance with an accurate
boundary line survey. In the case of demolition, the plot plan shall
show all construction to be demolished and the location and size of
all existing buildings and construction that are to remain on the
site or plot.
(f)
Engineering details. The building inspector may require adequate
details of structural, mechanical and electrical work including computations,
stress diagrams and other essential technical data to be filed. All
engineering plans and computations shall bear the signature of the
engineer or architect responsible for the design.
(g)
Amendments. Amendments to a plan, application or other records accompanying
the same may be filed at any time before completion of the work for
which the permit is sought or issued; and such amendments shall be
deemed part of the original application and shall be filed therewith.
(h)
Time limitation of application. An application for a permit for any
proposed work shall be deemed to have been abandoned six months after
date of filing unless such application has been diligently prosecuted
or a permit shall have been issued; except that for reasonable cause,
the building inspector may grant one or more extensions of time for
additional periods not exceeding 90 days each.
[3-23-65, §§ 3.14 to 3.14.2]
The building inspector shall examine or cause to be examined
all applications for permits and amendments thereto within a reasonable
time after filing. If the application or the plans do not conform
to the requirements of all pertinent laws, he shall reject such application
in writing stating the reasons therefor. If he is satisfied that the
proposed work conforms to the requirements of the Basic Code and all
laws and ordinances applicable thereto, he shall issue a permit therefor
as soon as practicable.
Nothing in the Basic Code shall require changes in the plans,
construction or designated use of a building for which a lawful permit
has been heretofore issued or otherwise lawfully authorized and the
construction of which shall have been actively prosecuted within 90
days after the effective date of this chapter; and the entire building
shall be completed as authorized within two years after the date of
approval of the application.
[3-23-65, § 3.14.6]
The building inspector may issue a permit for the construction
of foundations or any other part of a building or structure before
the entire plans and specifications for the whole building have been
submitted; provided, adequate information and detailed statements
have been filed complying with all the pertinent requirements of the
Basic Code. The holder of such permit for the foundations or other
part of a building or structure shall proceed at his own risk with
the building operation and without assurance that a permit for the
entire structure will be granted.
[3-23-65, § 3.14.4]
The building inspector shall stamp or endorse in writing both
sets of corrected plans "Approved." One set of such approved plans
shall be retained by him, and the other set shall be kept at the building
site, open to inspection of the building inspector or his authorized
representative at all reasonable times.
[3-23-65, § 3.14.3]
The building inspector shall attach his signature to every permit,
or he may authorize a subordinate to affix such signature thereto.
[3-23-65, § 3.14.7]
A true copy of the building permit shall be kept on the site
of operations open to public inspection during the entire time of
prosecution of the work and until the completion of the same.
[3-23-65, § 3.14.8]
At least 24 hours' notice of start of work under a building
permit shall be given to the building inspector.
[3-23-65, § 3.14.1]
Any permit issued shall become invalid if the authorized work
is suspended or abandoned for a period of six months after the time
of commencing the work.
[3-23-65, §§ 3.15 to 3.15.3]
(a)
Compliance with chapter. The permit shall be a license to proceed
with the work and shall not be construed as authority to violate,
cancel or set aside any of the provisions of the Basic Code except
as specifically stipulated by modification or legally granted variation
as described in the application.
(b)
Compliance with application and plans. All work, shall conform to
the approved application and plans for which the permit has been issued
and any approved amendments thereto.
(c)
Compliance with plot plan. All new work shall be located strictly
in accordance with the approved plot plan.
(d)
Change in plot plan. No lot or plot shall be changed, increased or
diminished in area from that shown on the official plot plan unless
a revised diagram showing such changes accompanied by the necessary
affidavit of owner or applicant shall have been filed and approved;
except that such revised plot plan will not be required if the change
is caused by reason of ail official street opening, street widening
or other public improvement.
[3-23-65, § 3.14.5]
The building inspector may revoke a permit or approval issued
under the provisions of the Basic Code in case of any false statement
or misrepresentation of fact in the application or on the plans on
which the permit or approval was based.
[3-23-1965, §§ 3.16 to 3.16.2; Ord. of 4-10-2001]
Before the razing of any building or structure is begun, an
application shall be made out on blanks to be furnished by the inspector,
containing a statement of the facts in relation thereto and as to
ownership and location thereof. The applicant shall be filed with
the inspector and a written permit obtained from him. Such permit
shall expire by limitation two months from the date of its issue.
The inspector shall be given notice immediately before the razing
of any building or structure is begun. No permit for razing a building
or structure located within 25 feet of a street line shall be issued
unless the application for such permit shall have been filed with
the City clerk, a bond approved prior to such filing by the City solicitor
as to compliance and form and with such approval endorsed by him thereon
in the penal sums hereinafter set forth, duly executed by the applicant
and by either a surety company qualified to do business in the commonwealth,
or by two personal sureties, which sureties shall be approved and
acceptable to the inspector, who shall endorse his approval and acceptance
of the sureties on the bond, conditioned to indemnify the City against
any and all claims (including costs of trial) for personal injuries
(including consequential damages and death) or damage to property
resulting from the razing of any such building or structure and further
conditioned to apply all judgments obtained against the applicant
by reason of personal injuries (including consequential damages and
death) or damage to property resulting from the razing of any such
building or structure. Such bond or one similar in effect and amount
must be maintained in force by the obligor until 90 days after the
completion of the work.
A liability insurance policy providing at least the same protection
to the City and to other persons as hereinbefore set forth, approved
by the City Solicitor as to compliance and form and with such approval
endorsed by him thereon prior to such filing, may be substituted for
such bond at the option of the applicant under the same conditions
as to filing and maintaining in force. The penal sum of the bond or
the amount of the liability insurance policy shall be in the sum of
$1,000,000 on account of injury (including consequential damages and
death) on one person; $1,000,000 on account of injury (including consequential
damages and death) of more than one person; $50,000 on account of
any accident resulting in damage to property.
In razing any building or structure or part thereof, one story
at a time shall be removed. Old material shall be lowered to the ground
immediately upon displacement, and the material to be removed shall
be properly wet to lay the dust incident to its removal.
Before a building can be demolished or removed, the owner or
agent shall notify all utilities having service connections within
the building such as water, electric, gas, sewer or other connections.
A permit to demolish or remove a building shall not be issued until
a release is obtained from the utilities, stating that their respective
service connections and appurtenant equipment such as meters and regulators
have been removed or sealed and plugged in a safe manner.
Whenever a building is demolished or removed, the premises shall
be maintained free from all unsafe or hazardous conditions by the
proper regulation of the lot, restoration of established grades and
the erection of the necessary retaining walls and fences.
[3-23-1965, §§ 3.17 to 3.17.4]
(a)
New buildings. No building hereafter erected shall be used or occupied
in whole or in part until the certificate of use and occupancy shall
have been issued by the Building Inspector.
(b)
Existing buildings. Upon written request from the owner of an existing
building, the Building Inspector shall issue a certificate of use
and occupancy; provided, there are no violations of law or orders
of the Building Inspector pending, and it is established after inspection
and investigation that the alleged use of the building has heretofore
existed. Nothing in the Basic Code shall require the removal, alteration
or abandonment of or prevent the continuance of the use and occupancy
of a lawfully existing building unless such use is deemed to endanger
public safety and welfare.
(c)
Changes in use and occupancy. No building hereafter erected or hereafter
enlarged, extended or altered to change from one use group to another
in whole or in part and no building hereafter altered for which a
certificate of use and occupancy has not been heretofore issued shall
be occupied or used until the certificate shall have been issued by
the Building Inspector, certifying that the work has been completed
in accordance with the provisions of the approved permit; except that
any, use or occupancy, which was not discontinued during the work
of alteration shall be discontinued within 30 days after the completion
of the alteration unless the required certificate is secured from
the Building Inspector. After a charge of use has been made in a building,
the reestablishment of a prior use that would not have been legal
in a new building of the same type of construction is prohibited unless
all the applicable provisions of the Basic Code are complied with.
A change from one prohibited use, for which a permit has been granted,
to another prohibited use shall be deemed a violation of the Basic
Code.
(d)
Temporary occupancy. Upon the request of a holder of a permit, the
Building Inspector may issue a temporary certificate of occupancy
for a building or structure or part thereof before the entire work
covered by the permit shall have been completed; provided, such portion
or portions may be occupied safely prior to full completion of the
building without endangering life or public welfare.
[3-23-65, §§ 3.18 to 3.18.3]
Every building and structure and part thereof designed for storage,
mercantile, industrial or business use shall be posted on all floors
by the owner with a suitably designed placard in a form designated
by the Building Inspector, which shall be securely fastened to the
structure in a readily visible place, stating: the fire grading, the
live load and the occupancy load.
Every building and structure and part thereof designed for use
as a place of public assembly or as an institutional building for
harboring people for penal, correctional, educational, medical or
other care or treatment shall be posted with an approved placard designating
the maximum occupancy load.
All posting signs shall be furnished by the owner and shall
be of permanent design, shall not be removed or defaced, and if lost,
removed or defaced, they shall be immediately replaced.
The Building Inspector may periodically inspect all existing
buildings and structures except one-family dwellings for compliance
with the law in respect to posting, or he may accept the report of
such inspection from an authorized licensed professional engineer
or architect, and such inspection and report shall specify any violation
of the requirements of the Basic Code in respect to the posting of
floor load, fire grading, occupancy load and use group of the building.
[3-23-65, §§ 3.21 to 3.21.2]
All buildings or structures that are or hereafter shall become
unsafe, unsanitary or deficient in adequate exit facilities or which
constitute a fire hazard or are otherwise dangerous to human life
or the public welfare or which by reason of illegal or improper use,
occupancy or maintenance shall be deemed unsafe buildings or structures.
All unsafe buildings shall be taken down and removed or, made safe
and secure as the Building Inspector may deemed necessary and as provided
in this section. A vacant building, unguarded or open at door or window,
shall be deemed a fire hazard and unsafe within the meaning of the
Basic Code.
If an unsafe condition is found in a building or structure,
the Building Inspector shall serve on the owner, agent or person in
control of the building or structure a written notice describing the
building or structure deemed unsafe specifying the required repairs
or improvements to be made to render the building or structure safe
and secure or requiring the unsafe building or structure or portion
thereof to be, demolished within a stipulated time. Such notice shall
require the person thus notified to immediately declare to the Building
Inspector his acceptance or rejection of the terms of the order.
A building or structure condemned by the Building Inspector
may be restored to safe condition; provided, no change of use or occupancy
is contemplated or compelled by reason of such reconstruction or restoration;
except that if the damage or cost of such reconstruction or restoration
is in excess of 50% of its replacement value, exclusive of foundations,
such building shall be made to comply in all respects with the requirements
for materials and methods of construction of buildings hereafter erected.
Upon refusal or neglect of the person served with an unsafe
notice to comply with the requirements of the order to abate the unsafe
condition, the appropriate action to compel compliance shall be instituted
and prosecuted.
[1]
For law of the Commonwealth as to unsafe buildings generally,
one G.L.C. 143, § 6 et seq.
[3-23-65, §§ 3.22 to 3.22.4]
(a)
Vacating and placarding. When in the opinion of the Building Inspector
there is actual and immediate danger of failure or collapse of a building
or structure or any part thereof which would endanger life or when
any structure or part of a structure has fallen and life is endangered
by the occupation of the building, the Building Inspector is hereby
authorized and empowered to order and require the inmates and occupants
to vacate the same forthwith. He shall cause to be posted at each
entrance to such building a notice reading as follows:
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"THIS BUILDING IS UNSAFE AN ITS USE OR
OCCUPANCY HAS BEEN PROHIBITED BY
THE BUILDING INSPECTOR"
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It shall be unlawful for any person to enter such building or
structure except for the purpose of making the required repairs or
of demolishing the same.
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(b)
Temporary safeguards. When, in the opinion of the Building Inspector,
there is actual and immediate danger of collapse or failure of a building
or structure or any part thereof which would endanger life, he shall
cause the necessary work to be done to render such building or structure
or part thereof temporarily safe in accordance with chapter 143.
(c)
Closing adjacent streets, buildings, etc. When necessary for the
public safety, the Building Inspector may temporarily close sidewalks,
streets, buildings and structures and places adjacent to such unsafe
buildings and prohibit the same from being used.
(d)
Emergency repairs. For the purposes of this section the Building
Inspector shall employ the necessary labor and materials to perform
the required work as expeditiously as possible.
(e)
Costs of emergency repairs. Costs incurred in the performance of
emergency work shall be paid from the municipal treasury on certificate
of the Building Inspector, and the legal authority of the municipality
shall institute appropriate action against the owner of the premises
where the unsafe building or structure was located for the recovery
of such costs.
[3-23-65, § 3.23]
The board of appeals as provided for in sections 2-87 to 2-98, shall act as the board of appeals under this chapter and shall have the same authority with respect to all matters coming before it in relation to this chapter as it now has by statute concerning zoning ordinances[1] unless otherwise provided.
[1]
See G.L., C. 40A, § 13 et seq.
[3-23-65, § 3.23.1]
A person whose application for a permit under this chapter has been refused by the inspector may appeal to the board of appeals within 15 days thereafter. A person who has been ordered by the inspector to incur expense, as provided in section 3-12, may so appeal therefrom within 15 days of the date of such order, and such appeal shall operate to stay such order pending determination of the appeal, except that, in case of a building or structure which, in the opinion of the inspector, is unsafe or dangerous, the inspector may in his order limit the time for such appeal to a shorter period.
[3-23-65, § 3.23.2]
The board of appeals, when appealed to under the preceding section
and after due notice to all interested parties and a public hearing,
may vary the application of any provision of this chapter to any particular
case when, in its opinion, the enforcement thereof would do manifest
injustice and would be contrary to the spirit and purpose of this
chapter.
[3-23-65, §§ 3.24 to 3.24.2]
When plans for the erection or alteration of a building, are
prepared by a licensed professional engineer or registered architect
which contemplate structural work or structural changes involving
public safety or health and such plans are accompanied by an affidavit
of the applicant that he has supervised the preparation of the architectural,
structural and mechanical design plans and that he will supervise
or check all working drawings and shop details for the construction
and that the structure will be built under his field supervision and
in accordance with the approved plans and that such plans conform
to all the provisions of the Basic Code and that all the material
used in the construction will be controlled materials as herein defined,
the Building Inspector may waive examination of the, plans and field
inspection of the construction and may issue a permit for the performance
of the work.
The licensed professional engineer or architect shall be qualified
by experience and training in the particular field of construction
involved in the building project under consideration.
Before the issuance of the certificate of use and occupancy
for such building, the licensed professional engineer or architect
who prepared and filed the original plans and who supervised the erection
of the building shall file a verified report that the structure has
been erected in accordance with the approved plans and, as erected,
the building complies in all respects with the Basic Code and all
other laws governing building construction except as to the specific
variations legally authorized under the provisions of the Basic Code
and as specifically noted in the verified report and cited in the
certificate of use and occupancy.
[3-23-65, § 3.25]
Fire limits are hereby established and shall be known as "District
A," "District B" and "District C."
The area known as District A shall be those areas shown on the
official "Building Zone Map, City of North Adams, Dated December 28,
1956," and any revisions thereto, as an I district 1, I district 2,
CB district 1, CB district 2, and AP district.
The area known as district B shall be those areas shown on the
official "Building Zone Map, City of North Adams, Dated December 28,
1956," and any revisions thereto, as CA-1, CA-2, CC-1 and CC-2 districts.
The area known as District C shall be those areas shown on the
official "Building Zone Map, City of North Adams, Dated December 28,
1956," and any revisions thereto, as FP, RU-1, R-1, R-2 and R-3 districts.
[3-23-65, § 3.26]
For the purpose of this chapter, construction as used in buildings
shall be of three classes:
(a)
Buildings of Class One shall consist of noncombustible materials
throughout, with floors having iron, steel or reinforced concrete
beams, filled in between with terra cotta or other masonry arches
or with concrete or reinforced concrete slabs and with no air space
between the top of any floor arches and the floor boardings; except
that wood may be used only for under and upper floors, windows and
door frames, sashes, doors, interior finish and handrails for stairs,
necessary sleepers and isolated furrings bedded in cement or mortar.
(b)
Buildings of Class Two shall have external and party walls of brick,
stone, terra cotta, tile, steel, concrete or other equally substantial
and fire-resistant material. The roof, floors and partitions shall
be of approved fire-resistant construction.
(c)
Buildings of Class Three shall include any wood frame buildings,
with floors, roof and partitions of wooden joist and stud construction,
the supporting posts and girders of which may be of wood.
[3-23-65, § 3.27]
All buildings required to be of a given type of construction
shall conform to the minimum requirements of this chapter for that
class, but materials and combinations of materials which offer, greater
resistance to fire than those specified for minimum requirements may
be used.
When two or more types of construction occur in the same building
and are separated as provided in this chapter, each portion so separated
may be classified as of the type of construction to which it conforms;
otherwise the entire building shall be classified as of the least
fire-resistant type of construction used and shall be subject to the
restrictions of this chapter imposed upon that type. An existing building
which cannot be definitely classified as one of the types defined
above shall be deemed for the purpose of this chapter to belong to
the less fire-resistant of the three types to which it most nearly
conforms.
[3-23-65, § 3.28]
Every building hereafter erected in District A shall be constructed in accordance with the provisions of building of Class 1 as defined in section 3-37 unless otherwise permitted by the board of appeals.
[3-23-65, § 3.29]
Every building hereafter erected in District B shall be constructed in accordance with the provisions of building of Class 1 or 11 as defined in section 3-37 unless otherwise permitted by the board of appeals.
[3-23-65, § 3.30]
Every building hereafter erected in District C shall be constructed in accordance with the provisions for building of Class 1, 11 or 111 as defined in section 3-37 unless otherwise permitted by the board of appeals.
[3-23-1965, § 3.31, 10-24-1967; Ord. of 10-26-2010]
The City of North Adams adopts and incorporates by reference
the International Building Code, 2009 Edition (IBC), including Section
110, Special Regulations, Section 115, Appendices A-AA. The International
Building Code together with modifications as set forth as the Massachusetts
amendments to the International Building Code 2009, shall collectively
comprise the Massachusetts State Building Code (780 CMR), Eighth Edition,
Base Volume, and shall run concurrently with the Massachusetts State
Building Code (780 CMR), Seventh Edition, Base Volume until February
6, 2011. Commencing February 7, 2011, the Massachusetts State Building
Code (780 CMR), Eighth Edition, Base Volume, and all its amendment
described above, shall be in full effect.
The City of North Adams adopts and incorporates by reference
the International Energy Conservation Code, 2009 Edition (IECC) with
Massachusetts amendments (780 CMR 115.AA)
[3-23-65, § 3.19.2]
Any person who shall violate a provision of the Basic Code or
shall fail to comply, with any of the requirements thereof or who
shall erect, construct, alter or repair a building or structure in
violation of an approved plan or directive of the Building Inspector
or of a permit or certificate issued under the provisions of the Basic
Code shall be guilty of a misdemeanor, punishable by a fine not exceeding
$100. Each day that a violation continues shall be deemed a separate
offense.
[3-23-65, § 3.3.3]
The continuation of occupancy or use of a building or structure
or of a part thereof contrary to the provisions of the Basic Code
shall be deemed a violation and subject to the penalties prescribed
by these Revised ordinances and the General Laws.
[3-23-65, § 3.19]
The Building Inspector shall serve a notice of violation or
order on the person responsible for the erection, construction, alteration,
extension, repair, use or occupancy of a building or structure in
violation of the provisions of the Basic Code or in violation of a
detailed statement or a plan approved thereunder or in violation of
a permit or certificate issued under the provisions of the Basic Code;
such order shall direct the discontinuance of the illegal action or
condition and the abatement of the violation.
[3-23-65, § 3.19.1]
If the notice of violation is not complied with promptly, the
Building Inspector shall request the legal counsel of the municipality
to institute the appropriate proceeding, at law or in equity to restrain,
correct or abate such violation or to require the removal or termination
of the unlawful use of the building or structure in violation of the
Basic Code or of the order or direction made pursuant thereto.
[3-23-65, § 3.19.3]
The imposition of the penalties herein prescribed shall not
preclude the legal officer of the municipality from instituting appropriate
action to prevent unlawful construction or to restrain, correct or
abate a violation or to prevent illegal occupancy of a building, structure
or premises or to stop an illegal act, conduct, business or use of
a building or structure in or about any premises.
[3-23-65, § 3.20.1]
Upon notice from the Building Inspector that work on any building
or structure is being prosecuted contrary to the provisions of the
Basic Code or in an unsafe and dangerous manner, such work shall be
immediately stopped. The stop-work order shall be in writing and shall
be given to the owner of the property involved or to the owner's
agent or to the person doing the work or posted on the premises where
the work is being performed and shall state the conditions under which
work may be resumed.
Any person who shall continue any work in or about the building
after having been served with a stop order, (except such work as he
is directed to perform to remove a violation or unsafe conditions)
shall be deemed to be violating the Basic Code and shall be subject
to punishment therefor in accordance with law.
[Ord. of 6-22-2010]
When used in this Chapter, unless a contrary intention clearly
appears, the following terms shall have the following meaning:
A location as described by the full street number, if any,
and the street name in the City of North Adams. "Address" shall not
include a mailing address such as a post office box.
One who manages real estate, including, but not limited to,
the collection of rents and supervision and maintenance of property.
The result of the legal proceeding in which a mortgagee,
or other lienholder, obtains a court-ordered termination of a mortgagor's
equitable right of redemption.
Residing within 20 driving miles distance of the property
in question.
Any property that contains one or more dwelling units used,
intended or designed to be occupied for living purposes. For the purposes
of this section, such property does not include property owned by
or subject to control of the City or any of its governmental bodies.
Such property includes, but is not limited to, property owned or controlled
by the North Adams Redevelopment Authority and the North Adams Housing
Authority.
Every person, corporation, partnership, or trust, who alone
or severally with others has legal title to any dwelling, dwelling
unit, or mobile dwelling unit.
Any residential property not currently legally occupied and
not properly maintained or secured.
All owners of foreclosed residential properties, whether vacant
or occupied, must register such property with the Office of the Building
Inspector or his or her designee. Such registration shall take place
no later than 10 business days after a residential property is foreclosed
upon.
All registrations shall state the owner's and/or agent
in charge's telephone number and address. This registration must
also certify that the property was inspected by the owner or agent
in charge and identify whether the property is vacant at the time
of registration.
If the property is vacant, the owner must designate a local
agent in charge who will be responsible for the security and maintenance
of the property. This designation must state the agent in charge's
name, telephone number, and local mailing address. Registrations may
require other information as required by the Building Inspector.
The fee for the registration of ownership of a vacant foreclosed
property shall be $15 per property.
Enforcement penalties shall be provided under Section 29-2, Noncriminal disposition. The City of North Adams shall establish a Building Inspector Fund. All monies collected pursuant to the violations of this chapter shall be directed to the Building Inspector Enforcement Fund.
If any provision of this section is held to be invalid by a
court of competent jurisdiction then such provision shall be considered
separately and apart from the remaining provisions which shall remain
in full force and effect.
The provisions of this section are effective immediately upon
passage and all provisions shall be enforced immediately but no monetary
fine shall be imposed pursuant hereto until 90 days after passage.
[Ord. of 5-26-2009]
A copy of this section is to be mailed to all loan institutions,
banks, real estate offices and management companies located and/or
having legal or equitable interests in residential property located
in the City of North Adams.
