152-154 LAFAYETTE STREET - BUILDING INSPECTION J
Tito of 11*ttlem, Massar4usetts
iluBlic 1propertg Department
Nuilbing Department
(Ont dalem (l6reen
500-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
June 16 , 1997
Mr . W.Van de Stadt
152 Lafayette Street
Salem, Mass . 01970
RE : 152-154 Lafayette Street
Dear Mr . Stadt :
First let me apologize for Mr . Jennings lack of
informing us of his unfinished business before leaving the
department . Please find enclosed the information he
promised to mail you .
The certificate of inspection will be mailed to you
within the next week .
If this office can be of any further assistance ,
please do not hesitate to call .
Sincerel
Leo E . Tremblay
Inspector of Buil ings
LET: smc
ADMINISTRATION AND ENFORCEMENT
construction or design. In addition, such persons shall have had general knowledge
of the accepted requirements for building construction, fire prevention, light,
ventilation and safe egress; as well as a general knowledge of other equipment and
materials essential for safety, comfort, and convenience of the occupants of a
building or structure; plus whatever other requirements of experience and knowledge
that are deemed necessary by the municipality.
107.4 Qualifications of the local Inspector: Each local inspector shall have had
at least five (5) years of experience in the supervision of building construction or
design or inthe alternative a two year associate degree in a field related to building
construction or design. In addition, such persons shall have a general knowledge of
the accepted requirements for building construction,fire prevention, light,ventilation
and safe egress; as well as a general knowledge of other equipment and materials
essential for safety, comfort, and convenience of the occupants of a building or
structure; plus whatever other requirements of experience and knowledge that are
deemed necessary by the municipality.
107.5 Restriction on employees: No full-time building commissioner, inspector
of buildings, or full-time local inspector as defined herein shall be engaged in, or
directly or indirectly connected with, the furnishing of labor, materials or appliances
for the construction, alteration or maintenance of a building or structure, or the
preparation of plans or of specifications therefor within the city, town or region for
which he is appointed, unless he is the owner of the building or structure; nor shall
any officer or employee associated with the building department engage in any work
which conflicts with his official duties or with the interests of the department.
107.6 Relief from personal liability: Insofar as the law allows, while acting for the
municipality, the building official, charged with the enforcement of this code shall
not be deemed personally liable in the discharge of his official duties.
SECTION 108.0 DUTIES AND POWERS OF THE BUILDING OFFICIAL AND
STATE INSPECTOR
108.1 The local building official: The building commissioner or inspector of
buildings and the local inspector shall enforce all the provisions of this code and any
other applicable state statutes, rules and regulations, or ordinances and bylaws, and
act on any question relative to the mode or manner of construction, and the
materials to be used in the construction, reconstruction, alteration, repair,
demolition, removal, installation of equipment, and the location, use, occupancy, and
maintenance of all buildings and structures, including any building or structure
owned by any authority established by the legislature but not owned by the
Commonwealth.
780 CMR - Fifth Edition 1-5
THE MASSACHUSETTS STATE BUILDING CODE
108.2 Applications and permits: The building official shall receive applications
and inspect the premises for which permits have been issued and enforce compliance
with the provisions of this code.
108.3 Building notices and orders: The building official shall issue all necessary
notices or orders to remove illegal or unsafe conditions, to require the necessary
safeguards during construction, to require adequate egress facilities in new and
existing buildings and structures, and to insure compliance with all the code
requirements for the safety, health and general welfare of the public.
108.4 Credentials: The building official or his authorized representative shall
carry proper credentials of his respective office for the purpose of inspecting any and
all buildings, structures and premises in the performance of his duties under this
code.
108.5 Inspections: The building official shall make all the required inspections
or may accept reports of inspections from a ,qualified registered professional
engineer or architect or others certified by the BBRS, and all reports of such
inspections shall be in writing; or the building official may engage such experts as
he may deem necessary to report upon unusual technical issues that may arise.
108.5.1 Inspection and certification, specified use groups: The building official
shall periodically inspect and certify buildings and structures or parts thereof in
accordance with Table 108. A building or structure shall not be occupied or
continue to be occupied without the posting of a valid certificate of inspection where
required by Table 108. A certificate of inspection as herein specified shall not be
issued until an inspection is made certifying that the building or structure or parts
thereof complies with all the applicable requirements of this code, and until the fee
is paid as specified in Table 108. Municipalities may increase or waive only in their
entirety for any specific use group the fees as specified in said Table 108.
Exception: Municipalities may revise or modify, or waive in part those fees
for buildings and structures or parts thereof owned by the. municipality, county or
political subdivision thereof and for buildings and structures or parts thereof used
solely for religious purposes.
108.6 Administrative procedures: The building commissioner or inspector of
buildings shall have the authority to formulate administrative procedures necessary
to uniformly administer and enforce this code provided that such procedures do not
conflict with the rules and regulations promulgated by the BBRS.
1-6 780 CMR - Fifth Edition
ADMINISTRATION AND ENFORCEMENT
108.7 Department records: The building official shall keep in a public place and
open to public inspection during normal working hours official records of
applications received, permits and certificates issued, fees collected, reports of
inspections, variances granted, and notices and orders issued. File copies of all
papers in connection with building operations shall be retained in the official records
so long as the building or structure to which they relate remains in existence.
108.8 Reports: The building official shall submit the following reports:
1. to the chief administrative officer of the municipality a written statement
of all permits and certificates issued, fees collected, inspections made, and
notices and orders issued for the year;
2. to the BBRS and Department of Public Safety reports on decisions
regarding the matters not covered as specified in Section 101.3; and
3. to the assessors of the municipality reports on permits issued as specified
in Section 114.2.
108.9 The state inspector: In every city and town this code shall be enforced by
the state inspector as to any structures or buildings or parts thereof that are owned
by the Commonwealth or any departments, commissions, agencies, or authorities of
the Commonwealth. The state inspector shall have as to such buildings and
structures all the powers of a building commissioner or inspector of buildings. All
buildings and structures owned by any authority established by the legislature and
not owned by the Commonwealth shall be regulated in accordance with Section
108.1 of this code.
108.9.1 Other responsibilities: The state inspector shall make periodic reviews
of all local building inspection practices, provide technical assistance and advice to
the local building officials in the implementation of this code, and report in writing
his findings to the building officials.
780 CMR - Fifth Edition 1-7
TABLE108
i REQUIRED MINIMUM INSPECTIONS AND CERTIFICATIONS FOR SPECIFIED USE GROUPS
(See Articles 3 & 6 for complete description of use groups) 2
M
Use Group Ilse Group Use Group Plinimum Maximum Fees for Mac 9
Description Inspections Certification Certiricalion D
Period period fn
fA
A-I Assembly-"I heaters A+ With Stage and Scenery Semi-Annually One Year $75 n
Over 410 Capacity R+ Movie lllcater _
A-1 Assemhly-llhcaters A With Stage and Scenery Annually One Year S40 C
400 or less capacity D Movie theater m{{
A-2 Assembly Night Clubs +- Ocer AM capacity Semi-Annually $75 "1
or Similar Uses 4011 or less capacity Annually S40 N
N
v A-3 Assembly"lscture balls, + Over 400 capacity Semi-Annually note a D
Crecreation centers, AM or less capacily Annually S40
n Icrminals, etc. m
9 A-4 Assembly s Chinches, low density, recreation and similar Prior to Issuance Five years S40 W
uses or each new cert C
r
'TS A-5 Assembly Stadiums, bleachers, places of outdoor assembly One year note b 0
Z
E Educational Educational One Year S40 0
M
E Day Care Child day care centers (see Section 633) One year S40 O
0 1 2 Institutional Inca pacitaled--hospitals, nursing homes, mental Two Years noted vfn
:3 hospitals, certain Jap-care f5cilitics (See. 672)
1-3 Institutional Restrained - prisons, jails, detention centers, etc. Two years note c
R 1 Residential I lotcls, lodging housings, dormitories etc.(note g) One year note e
R-2 Rcsidcntial Multi-family - (note g) Five years note f
R-I Rcsidenlial SPEC. OCC. Detoxification facilities (sec Section 637) Two years $15
R-2 Residential SPEC. OCC. Summer camps for children (see Section 634) Annually One year note h
R-3 or R-4 Rcsidenlial SPEC. OCC. Group residence (see Section 631) '
R-s Rcsidenlial SPEC. OCC. I boiled group residence (sec Sceliun 630
1
THE 152.154 LAFAYETTE STREET REALTY TRUST
W. VAN DE STADT, TRUSTEE
152 LAFAYETTE STREET
SALEM, MASS. 01970
Mr. John J.Jennings,
Building Department,
One Salem Green,
Salem,
MA 01970.
12 Jun 97
Dear Mr. Jennings,
On 25 March 1997 you inspected the property at 152-154 Lafayette
Street in Salem.
You seemed quite content and promised to send me a Certificate of
Inspection plus a copy of Table 108.
1 suspect you dislike paperwork as much as I do, which is probably the
reason you overlooked that mailing. Or perhaps things got lost in the
mail ; in any case I did not receive the Certificate.
Since I do have the cancelled check for $ 83.00, 1 can prove you did
inspect, so the Certificate is a bit moot. But I am interested to see
a copy of that Table 108, which presumably will tell me what a law-
abiding landlord should do.
So, would you please mail me a copy of Table 108 and that Certificate
of Inspection ?
Very truly yours,
n de Stadt,
Trustee, 152-154 Lafayette St.R1ty.Tr.
Jui
�93biTb Drf C'-kppPaI .
CITY fat1%N'd jFFICE
SALEM. MASS.
WILLIAM F% ABBOTT JUNE 22, 1976
JOSEPH F. DOYLE - -
JOHN M.GRAY.SR. -
ARTHUR E LABRECQUE -
JANE T. LUNDREGAN -
DONALD E EAMES DECISION ON PETITION OF 0. ROBERT TALBOT FOR A VARIANCE AT 152-154
ERY P. TANCH LAFAYETTE STREET. (R-3 District)
Hearing on this petition was held on June 22, 1976. Present were Chairman bhn M.
Gray, Sr. , Donald Eames, Arthur LaBrecque, William Abbott and Jane T. Lundregan.
Notices were duly mailed to abutters and others in accordance with Massachusetts
General Laws, Chapter 808.
Atty. Richard Daley appeared for the petitioner. The variance is requested for
the use on one apartment on the first floor of the building located at 152-154
Lafayette Street for use as -a professional realty office. The building presently
has four apartments. Relief from off-street parking is also requested. Atty.
Daley stated that a real estate office does not cause a great deal of traffic
as the agent usually takes the client to see the property for sale.
Several Abutters appeared in opposition and the Planning Board recommended that .
the variance not be allowed.
It was voted unanimously to deny the variance requested. The Board found that
the petition did not prove a hardship. The Board also felt that it could not
grant said variance without substantial detriment to the surrounding neighborhood,
and there is a traffic problem and a parking problem on the street in question,
and it was felt that the granting of a professional realty office would aggravate
the present problems.
APPEALS FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE
MASS. GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER
THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. A COPY OF
THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
DENIED.
SALL}M BOARD OF APPEAL
BY
SECRETARY
C