21 ANDREW STREET - BUILDING JACKET I§Pendaf-161Y�
/3 Esselte
74520 40% P4
PEA U,, MCNIFF, CREAN, COOK & SHEEHAN
ATTORNEYS AT LAW
30 MAIN STREET
SAMUEL PEARL PEABODY, MASSACHUSETTS 01960-5597 JOHN A. FALLOW
(1907-1995) DONALD L. CONNt
OLIVER T.COOK PEABODY (978) 531-1710
OF COU NSEL
WILLIAM H. 9HEEHAN III, PC
BOSTON (617)720-3456 JOHN A. MCNIFF
THOMAS C. REGAN, PC FAX (978) 531-4895
JOHN M. Cft EAN
MICHAEL T. SMERCZYNSKI, PC
ARTHUR J. FRAWLEV, JR.
atALSO AOMITTED TO MAINE BAR
November 23 , 1998
City of Salem
Public Property Department
Building Department
One Salem Green
Salem, Massachusetts 01970
Attention: Kevin G. Goggin
Re: 21 Andrew Street]
Dear Mr. Goggin:
Please be advised that I represent Hazel Trembley, a unit
owner at the above property, who is in receipt of your letter of
July 20, 1998 . It is my information that Ms. Rion has not
corrected the second egress problem referred to in your letter.
It has come to Ms. Trembley's attention that you may be meeting
with Ms. Rion and her attorney. I request that you keep me
informed of developments in this case.
Thanking you in advance for your anticipated cooperation I
am.
Very truly yours,
C
Donald L. Co-n-n, �
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Ms. Hazel Trembley Co
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RICHARD W. STAFFORD
ATTORNEY AT LAW
October 22, 1998
Kevin G. Goggin
Assistant Building Inspector
City of Salem
Public Property Department
One Salem Green
Salem, Massachusetts 01970
Re: Unit B, 21 Andrew Street Condominium
21 Andrew Street, Salem, NIA.
Dear Mr. Goggin,
I represent Barbara Nola-Rion, the owner of the above referenced condominium
unit. She has provided me with a copy of your letter to her dated July 20, 1998
identifying an alleged violation of Section 1006.2.1 of the Massachusetts State Building
Code. Your letter describes the violation as: "Second means of egress from Unit A
cannot exit through unit B . . ." For clarification purposes, Barbara Rion owns Unit B of
the condominium, not Unit A. Was it your intention to identify Unit A, or Unit B, as the
offending Unit?
I will address the issue raised in your letter as though the units' numbering was
inadvertently reversed in your letter. Ms. Rion has sought the services of Mr. Dan Pierce,
a licensed architect to investigate further the history of the property, and to address the
issue of egress which you have raised. I-have reviewed the City of Salem Zoning
Ordinance, the condominium documents (which I understand were not available to you at
the time you issued the letter of violation) and the opinion of Mr. Pierce which is attached
here. Based on the foregoing, I do not believe that the premises violates the state
building code.
Historically, the premises has been used as a two family dwelling in a zoning
district which has permitted two family dwellings as of right since the adoption of zoning
in the City of Salem in 1926. This is confirmed by information in the possession of the
City Planning Department, the Building Inspector's Office, and the Assessors' Office.
On that basis, in the absence of an alteration which would rise to the level of a Chapter 34
review, it appears that the property is grandfathered as to egress. It does not appear from
the records of the Building Inspector's Office that any such alteration has taken place.
1. 6 Front Street • Salem, Massachusetts 01970
Telephone (978) 745-0931. • Facsimile (978) 741-9034
As I indicated earlier, I do not believe that you had the opportunity to review the
condominium documents in connection with your inspection. The documents and the
plans (see copies with Mr. Pierce's letter) clearly provide an "emergency access" for Unit
B to the central stairwell. This egress is consistent with the historical use of the property.
The present owner of Unit A is subject to that egress and cannot in any way interfere with
that egress. Again, Mr. Pierce proposes sone work which would operate to inform the
owner of Unit A when the emergency egress was activated.
I am taking the opportunity to copy Atty. Keenan and Mr. Strout on this
correspondence since Arty. Keenan has been previously involved, and Mr. Strout was not
in the department when the issue originally arose.
I look forward to hearing from you once you have had an opportunity to review
these materials. If you feel a meeting would be helpful, please call me to discuss a
mutually convenient time for us to meet and I will coordinate times with Mr. Pierce and
Ms. Nola-Rion.
Very truly yours,
Richard W. Stafford, Esq.
cc Barbara Nola-Rion
Daniel Pierce
Letter to the Building Inspector-Salem Rion
r
r
a
a
a
16 October 1998
Ms. Barbara Nola-Rion
63 Broad Street
Salem, MA 01970
Project: 21 Andrew Street (C-9-98)
Subject: Building Code Review
Dear Barbara:
The purpose of this letter is to summarize our findings and recommendations resulting from our site
observations and a review of the State Building Code relative to the second means of egress from
your condominium unit located at 21 Andrew Street.
As requested, I met with you at the referenced property on I I September 1998, to observe the
existing conditions relative to the two means of egress from your dwelling unit, and to review copies
of your certified condominium documents in order to verify their representation of the existing
conditions.
At that time you also provided me with a copy of a letter cent to you from the Inspector of
Buildings for the City of Salem dated 20 July 1998, which cites a building violation relative to the
second means of egress from your unit. It is my understanding that the references to Units A and B
in the City's letter were inadvertently reversed, and that the Building Department intended to refer to
the the second means of egress from your Unit B as referenced on the attached copy of your
Condominium Document plans. M
N
We then completed a review of the State Building Code to research and confirm the applicable
provisions effecting your building, and to prepare any questions for review with the building
officials. On October 5th, I spoke by telephone with Mr. Goggin, Inspector of Buildings for the LL
City of Salem, to review our questions and to seek clarifications relative to certain Building Code
provisions.
To assist you with preparing a response to the letter from the Building Department, I submit the
following summary of our observations, code review, findings and recommendations. rn
0
Observations
0
N
1. The existing building is a two family dwelling with floor plan layout as indicated on the attached
copies of the certified plans dated Sept 9, 1987 as prepared by Robert L. Scagliotti AIA Inc.
Architects.
2. Your dwelling unit (Unit 'B') has two independent means of egress from the normal level of E
entry/exit (second floor) leading directly to grade; one of which is located at the rear Common A
Hall Area and leading to the Common Entrance located at the first floor; and the second
'Emergency Exit' leads to the Stairhall which leads directly to the Main Entrance located at the d
first floor.
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LU
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Barbara Nola-Rion 16 October 1998 page 2
3. Unit 'A' also has two independent means of egress located on the first floor; two doors which
lead directly to the Foyer and Main Entrance; and the second door exiting to the Common Hall
Area and leading directly to the Common Entrance. Unit 'A' does not require an additional
means of egress through the door identified as the 'Emergency Exit' and through 'Unit B' to the
Common Hall Area.
4. A household fire warning system exists throughout the building and appears to be a hard-wired
system with detectors positioned in the appropriate locations. The system was not tested or
inspected and therefore, the type of components installed, the wiring methods and the alarm
functions could not be confirmed or verified.
5. The "Emergency Exit" leading from Unit 'B' to the Stairhall consists of two doors swinging in
opposite directions (one door on each side of the door frame). It is my understanding, based on
verbal information and not my own visual inspection, that the door on the Stairhall side of the
egress may have either a deadbolt or a lock that is operable only from the Stairhall side of the
door (Unit 'A' side).
Summary of Code Review
The following provisions of the Massachusetts State Building Code, 6th Edition are applicable to the
existing building located at 21 Andrew Street in Salem. MA,
Code Reference Description Comments
102.5.2 Applicability to Existing Buildings Any existing building is presumed to
meet the provisions of applicable laws,
codes, rules and regulations, bylaws or
ordinances in effect at the time such
building was constructed or altered and
shall be allowed to continue to be
occupied pursuant to its use and
occupancy provided that the building is
maintained in accordance with 103.0.
102.5.5 Applicability to Existing Buildings Existing buildings or parts or portions
thereof which are proposed to be
enlarged, altered, repaired or changed in
use or occupancy shall comply with the
provisions of Chapter 34-Repair.
Alteration, Addition and Change of Use
of Existing Buildings.
103.1 Maintenance All buildings and all systems and
equipment therein, which are regulated
by the Code, shall be maintained in a
safe, operable and sanitary condition. All
means of egress devices and safeguards
which are required by the Code, or which
were required by a previous statute when
erected, altered or repaired shall be
maintained in good working order.
310.2 Residential Use Group:
Definitions Two-family dwelling: A building
containing two dwelling units with not
more than five lodgers or boarders per
family.
Barbara Nola-Rion 16 October 1998 Page 3
310.6 Use Group R-4 Structures Includes all detached one- or two-family
dwellings not more than 3 stories in
height, and accessory structures. All such
buildings or structures shall be designed
in accordance with Chapter 36-One and
Two Family Dwelling Code, or in
accordance with the requirements for Use
Group R-3.
Note: Use Croup R-3 requirements are
not applicable to this building.
Chapter 34 Repair, Alteration and Change of
Use of Existing Buildings
3400.1 General: The provisions of Chapter 34 are
intended to maintain or increase public
safety, health and general welfare in
existing buildings by permitting repair,
alteration, addition, and/or change of use
without requiring full compliance with
the Code for new construction.
3400.3 Applicability Additions, alterations and new
components or systems shall comply with
the requirements of the Code for new
construction, except as otherwise
provided in Chapter 34,
3400.4.1 Existing Non-Conforming Means The building official can cite a violation
of Egress to the owner of an existing building when
the following conditions are observed:
1 . Less than the number of means of
egress serving every space and/or
story required by Chapter 36 for one
and two family dwellings.
2. Any required means of egress is not
so arranged as to provide safe and
adequate means of egress.
Chapter 36 One and Two Family Dwelling Code
3603.10.1 Means of Egress Egress from all dwelling units shall be by
means of two exit doors, remote as
possible from each other and leading
directly to grade. Such doors shall be
provided at the normal level of entry/exit.
In addition, all other floors within a
dwelling unit shall have at least one
means by which a continuous and
unobstructed path to the exit doors, by
means of stairways, corridors, hallways or
combinations thereof, is provided.
il
Barbara Nola-Rion 16 October 1998 Page 4
3603.10.3 Door Hardware Double cylinder dead bolts requiring
key operation on both sides are
prohibited on required means of egress
doors serving more than one dwelling
unit.
3603.10.4 Emergency Egress from Sleeping rooms shall have at least one
Sleeping Rooms openable window or exterior door
approved for emergency egress or
rescue. The windows shall be operable
from the inside to a full clear opening
without use of a key or tool. Sill height
above finished floor shall not exceed 44
inches. The emergency escape windows
shall have a net clear opening of 3.3
square feet in area, with the minimum net
clear opening of 20 inches by 24 inches
in either direction.
Findings
1. The provisions of Chapter 34-Repairs, Alterations and Change of Use of Existing Buildings
would apply if you had submitted or were planning to submit an application for a building
permit for any addition, alterations or change of use to the existing building. As noted above,
the proposed additions, alterations and new components or systems would need to comply with
the Code for new construction, and since the building is classified as a two family dwelling, any
proposed work subject to the provisions of the Code for new construction would be governed by
Chapter 36-0ne and Two Family Dwelling Code,
2. With regard to the violation cited by the building official, it is my professional opinion, based on
my knowledge, information and belief, that Section 1006.2.1 cited in the building official's
letter does not apply to this existing building use group and occupancy.
3. I also do not believe that the existing means of egress could be determined to be non-
conforming as defined by Section 3400.4.1. Since 21 Andrew Street has existed as a two family
dwelling since 1820 according to City Assessor's records, with two independent and remote
means of egress from each dwelling unit at the normal level of entry/exit and leading directly to
grade, it is my belief that this building is "grandfathered" from full compliance with the Code
for new construction.
4. If upon,further inspection, it is determined that the jEmergency Exit" door leading from Unit 'B'
to the Stairhall as noted in Item 5 above, can in fact be locked,or_deadbolted from the Stairhall
side of the door, then I would find the existing situation to be contrary to the terms of the
Master and Unit Deeds, and I would also find that the existing second means of egress would not
be so arranged as to provide safe and adequate means of egress in accordance with Section
3400.4.1 as noted herein.
5. (The existing window sash opening located in the third floor bedroom does meet the minimum)
clear area and minimum clear dimensional requirements for emergency egress from sleeping J
]rooms. The storm/screen window unit however, does not.meet these requirements. I
l
r
Barbara Nola-Rion 16 October 1998 Page 5
Recommendations
1. Consistent with Section 3603.10.3-Door Hardware, I recommend that any lock or deadbolt
located on the Stairhall side of the 'Emergency Exit' door leading from Unit 'B' should be
removed and replaced with one of the following options:
a. The interior door located on the Unit 'B' side of the opening should be removed. Install
panic hardware with an electrical contact device tied to the household fire warning system
that would activate the alarm and signal all occupants that the emergency exit door has been
opened, and that an emergency situation exists. I also recommend replacing the existing
wood panel door with a new solid core fire rated wood door at the same time. Finally,
connecting the door alarm to an independent security monitoring service as well as to the
household fire warning system will alleviate any concerns for privacy or security between
the two units,
or
b. Install a double cylinder deadbolt lock operated by master key from both sides of the door
located on the Stairhall side of the existing opening. The interior door located on the Unit
'B' side of the opening should be removed.
2. Consistent with Section 3603.10.4-Emergency Egress front Sleeping Rooms, I recommend
replacement of the exterior storm/screen window unit located at the third floor bedroom window
with a unit that will provide minimum clear opening area and minimum clear dimensions in
each direction. Alternatively, the existing double hung window and exterior storm/screen unit
could be removed and replaced with a new casement window with insulated glass and removable
interior screen that meets the egress requirements.
3. I also recommend securing an inspection and testing of the existing household fire warning
system to determine that it meets current safety standards. This testing and inspection could be
completed by a licensed electrician or by Salem Fire Prevention personnel. However, before
sale of your property can be completed, I believe Salem Fire Prevention must inspect the
property to certify that the proper number and type of detectors have been installed and are
functional.
I trust that the above information will be helpful in your efforts to satisfactorily resolve any
misunderstandings with regard to the second means of egress from your unit. Please don't hesitate
to contact me if you need additional information or clarifications to any of the above observations,
findings, code interpretations or recommendations..
Respectfully,
D.H. Pierce Design Associates, Inc.
d/b/a Pierce Architects
niel H. Pierce,7A
Principal
Enclosures: Condominium Document "Plans" dated 9 Sept 1987, pages I through 4.
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DRAFT
16 October 1998
Ms. Barbara Nola-Rion
63 Broad Street
Salem, MA 01970
Project: 21 Andrew Street (C-9-98)
Subject: Building Code Review
Dear Barbara:
The purpose of.this letter is to summarize our findings and recommendations resulting from our site
observations and a review of the State Building Code relative to the second means of egress from
your condominium unit located at 21 Andrew Street.
As requested, I met with you at the referenced property on 11 September 1998, to observe the
existing conditions relative to the two means of egress from your dwelling unit, and to review copies
of your certified condominium documents in order to verify their representation of the existing
conditions.
At that time you also provided me with a copy of a letter sent to you from the Inspector of
Buildings for the City of Salem dated 20 July 1998, which cites a building violation relative to the
second means of egress from Unit A.
We then completed a review of the State Building Code to research and confirm the applicable
provisions effecting your building, and to prepare any questions for review with the building
officials. On October 5th, I spoke by telephone with Mr. Goggin, Inspector of Buildings for the
City of Salem, to review our questions and to seek clarifications relative to certain Building Code
provisions.
To assist you with preparing a response to the letter from the Building Department, I submit the
following summary of our observations, code review, findings and recommendations.
Observations
1. The existing building is a two-family dwelling with floor plan layout as indicated on the attached
copies of the certified plans dated Sept 9, 1987 as prepared by Robert L. Scagliotti AIA Inc.
Architects.
2. Your dwelling unit (Unit 'B') has two independent means of egress from the normal level of
entry/exit (second floor) leading directly to grade; one of which is located at the rear Common
Hall Area and leading to the Common Entrance located at the first floor; and the second
'Emergency Exit' leads to the Stairhall which leads directly to the Main Entrance located at the
first floor.
DRAFT
Barbara Nola-Rion 16 October 1998 Page 2
3. Unit 'A' also has two independent means of egress located on the first floor; two doors which
lead directly to the Foyer and Main Entrance; and the second door exiting to the Common Hall
Area and leading directly to the Common Entrance. Unit 'A' does not require an additional
means of egress through the door identified as the 'Emergency Exit' and through 'Unit B' to the
Common Hall Area.
4. A household fire warning system exists throughout the building and appears to be a hard-wired
system with detectors positioned in the appropriate locations. The system was not tested or
inspected and therefore, the type of components installed, the wiring methods and the alarm
functions could not be confirmed or verified.
5. The "Emergency Exit" leading from Unit `B' to the Stairhall consists of two doors swinging in
opposite directions (one door on each side of the door frame). Based only on verbal
information provided, it is possible that the door on the Stairhall side of the egress may have
either a deadbolt or a lock that is operable only from the Stairhall side of the door.
Summary of Code Review
The following provisions of the Massachusetts State Building Code, 6th Edition are applicable to the
existing building located at 21 Andrew Street in Salem, MA.
Code Reference Description Comments
102.5.2 Applicability to Existing Buildings Any existing building is presumed to
meet the provisions of applicable laws,
codes, rules and regulations, bylaws or
ordinances in effect at the time such
building was constructed or altered and
shall be allowed to continue to be
occupied pursuant to its use and
occupancy provided that the building is
maintained in accordance with 103.0.
102.5.5 Applicability to Existing Buildings Existing buildings or parts or portions
thereof which are proposed to be
enlarged, altered, repaired or changed in
use or occupancy shall comply with the
provisions of Chapter 34-Repair,
Alteration, Addition and Change of Use
of Existing Buildings.
103.1 Maintenance All buildings and all systems and
equipment therein, which are regulated
by the Code, shall be maintained in a
safe, operable and sanitary condition. All
means of egress devices and safeguards
which are required by the Code, or which
were required by a previous statute when
erected, altered or repaired shall be
maintained in good working order.
t 310.2 Residential Use Group:
Definitions Two-family dwelling: A building
containing two dwelling units with not
more than five lodgers or boarders per
family.
DRAFT
Barbara Nola-Rion 16 October 1998 Page 3
310.6 Use Group R-4 Structures Includes all detached one- or two-family
dwellings not more than 3 stories in
height, and accessory structures. All such
buildings or structures shall be designed
in accordance with Chapter 36-One and
Two Family Dwelling Code, or in
accordance with the requirements for Use
Group R-3.
Note Use Group R-3 requirements are
not applicable to this building.
Chapter 34 Repair, Alteration and Change of
Use of Existing Buildings
3400.1 General: The provisions of Chapter 34 are
intended to maintain or increase public
safety, health and general welfare in
existing buildings by permitting repair,
alteration, addition, and/or change of use
without requiring full compliance with
the Code for new construction.
3400.3 Applicability Additions, alterations and new
components or systems shall comply with
the requirements of the Code for new
construction, except as otherwise
provided in Chapter 34.
3400.4.1 Existing Non-Conforming Means The building official can cite a violation
of Egress to the owner of an existing building when
the following conditions are observed:
1. Less than the number of means of
egress serving every space and/or
story required by Chapter 36 for one
and two family dwellings.
2. Any required means of egress is not
so arranged as to provide safe and
adequate means of egress.
Chapter 36 One and Two Family Dwelling Code
3603.10.1 Means of Egress Egress from all dwelling units shall be by
means of two exit doors, remote as
possible from each other and leading
directly to grade. Such doors shall be
provided at,the normal-level of entry/exit.
In addition,rall other floors within ar
dwelling unit shall have at least one,
means by which a continuous and 1
unobstructed path to the exit doors, by
means of stairways, corridors, hallways or
combinations thereof, is provided.
DRAFT
Barbara Nola-Rion 16 October 1998 Page 4
3603.10.3 Door Hardware Double cylinder dead bolts requiring a
key operation on both sides are
prohibited on required means of egress
doors serving more than one dwelling
unit.
3603.10.4 Emergency Egress from Sleeping rooms shall have at least one
Sleeping Rooms openable window or exterior door
approved for emergency egress or
rescue. The windows shall be operable
from the inside to a full clear opening
without use of a key or tool. Sill height
above finished floor shall not exceed 44
inches. The emergency escape windows
shall have a net clear opening of 3.3
square feet in area, with the minimum net
clear opening of 20 inches by 24 inches
in either direction.
Findings
1. The provisions of Chapter 34-Repairs, Alterations and Change of Use of Existing Buildings
would apply if you had submitted or were planning to submit an application for a building
permit for any addition, alterations or change of use to the existing building. As noted above,
the proposed additions, alterations and new components or systems would need to comply with
the Code for new construction, and since the building is classified as a two family dwelling, any
proposed work subject to the provisions of the Code,for new construction would be governed by
Chapter 36-One and Two Family Dwelling Code.
2. With regard to the violation cited by the building official, it is my professional opinion, based on
my knowledge, information and belief, that Section 1006.2.1 cited in the building official's
letter does not apply to this existing building use group and occupancy.
3. I also do not believe that the existing means of egress could be determined to be non-
conforming as defined by Section 3400.4.1. Since 21 Andrew Street has existed-as a two family
dwelling for many years, with two independent and remote means of egress from each dwelling
unit at the normal level of entry/exit and leading directly to grade, it is my belief that this
building is "grandfathered" from full compliance with the Code for new construction.
4. If upon further inspection, it is determined that the "Emergency Exit" door leading from Unit 'B'
to the Stairhall as noted in Item 5 above, can in fact be locked or deadbolted from the Stairhall
side of the door, then I would find the existing situation to be contrary to the terms of the
Master and Unit Deeds, and I would also find that the existing second means of egress would not
be so arranged as to provide safe and adequate means of egress in accordance with Section
3400.4.1 as.noted herein.
5. The existing window sash opening located in the third floor bedroom does meet the minimum
clear area and minimum clear dimensional requirements for emergency egress from sleeping
rooms. The storm/screen window-unit however, does not meet these requirements.
DRAFT
Barbara Nola-Rion 16 October 1998 Page 5
Recommendations
1. Consistent with Section 3603.10.3-Door Hardware, I recommend that any lock or deadbolt
located on the Stairhall side of the 'Emergency Exit' door leading from Unit 'B' should be
removed and replaced with either of the following options:
1) Install a double cylinder deadbolt lock requiring key operation on both sides of the door
located on the Stairhall side of the existing opening. The interior door located on the Unit
'B' side of the opening should be removed, or
2) Install panic hardware with an electrical contact device tied to the household fire warning
system that would activate the alarm and signal all occupants that the emergency exit door
has been opened, and that an emergency situation exists. If concerns for security and
privacy override concerns for public safety, then I would suggest connecting the door alarm
to an independent security monitoring service as well as to the household fire warning
system.
2. Consistent with Section 3603.10.4-Emergency Egress from Sleeping Rooms, I recommend
replacement of the exterior storm/screen window unit located at the third floor bedroom window
with a unit that will provide minimum clear opening area and minimum clear dimensions in
each direction. Alternatively, the existing double hung window and exterior storm/screen unit
could be removed and replaced with a new casement window with insulated glass and removable
interior screen that meets the egress requirements.
3. I also recommend securing an inspection and testing of the existing household fire warning
system to determine that it meets current safety standards. This testing and inspection could be
completed by a licensed electrician or by Salem Fire Prevention personnel. However, before
sale of your property can be completed, I believe Salem Fire Prevention must inspect the
property to certify that the proper number and type of detectors have been installed and are
functional.
In conclusion, upon implementation of the above recommendations, it is my professional opinion
that the existing two family dwelling located at 21 Andrew Street will be in compliance with the
applicable provisions of the Massachusetts State Building Code, 780 CMR 36, Section 3603.10-
Means of Egress.
Please don't hesitate to contact me if you need additional information or clarifications to any of the
above items.
Respectfully,
D.H. Pierce Design Associates, Inc.
d/b/a Pierce Architects
Daniel H. Pierce, AIA
Principal
Enclosures: Condominium Document "Plans" dated 9 Sept 1987, pages 1 through 4.
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RICHARD W. STAFFORD
ATTORNEY AT LAW
October 22, 1998
Hazel M. Trembley
21 Andrews Street
Salem, MA. 01970
Dear Ms. Trembley,
I represent Ms. Barbara Nola-Rion. Ms. Rion has provided me with a letter which
she received from Mr. Kevin G. Goggin, then Building Inspector for the City of Salem
alleging a possible violation of the state building code pertaining to the required means of
egress from her unit of the Condominium. I have reviewed the Master Deed of the
condominium and find that there is no violation of the building code if the obligations of
each unit owner with respect to the Emergency Exit are followed.
The master deed plans clearly identify the second floor.entry from Unit B into the
"Stairhall `A"' as"emergency exit"__ The Master Deed, section 6. "Common Areas and
i Facilities", includes as a part of.the common areas: '1(c) the entrances, halls and corridors
and stairways serving more than one (1) unit, including the emergency exit door,". Even
more specifically, the Master Deed at section 7 c states: "The owners of each Unit shall
have an exclusive right and easement to use the emergency exit door located on the
second floor and the exclusive right and easement to pass through the other unit in
connection with any emergency and use of said emergency exit."
In the interest of the safety of all of the residents of your condominium, the door
at the "emergency exit" must not be deadbolted or locked from either side in any manner
which would prohibit its unobstructed use by either Units' occupants in the event of an
emergency. This was a condition of your purchase of your Unit. Barbara has engaged
the services of an architect to develop some alternative mechanisms to provide notice to
all parties in the event the emergency exit is used and she would be happy to discuss
these as options for the Condominium Association to explore. The cost of such
installations would be borne by the units in accordance to their percentage interests, yours
is 62% and Barbara's is 38%.
Finally, if you are interested in eliminating the emergency door exit for whatever
reason, I should advise you that the cost of doing so would be approximately $20,000.00
based on estimates which Barbara has received. I would advise you that Barbara is not
prepared to make such an expenditure, but would cooperate with Your contractors if you
would like to pursue this on your own behalf.
16 Front Street • Salem, Massacllusetls 01. 970
Telephone (978) 745-0931 • Facsimile (978) 241-9034
/y
Please contact Barbara once you have had an opportunity to review this letter to
discuss your thoughts. We will be forwarding our conclusion that there is no building
code violation to the City's Building Department and will keep you advised of our
discussions with city officials.
Very truly yours,
Richard W. Stafford, Esq- �,
PEARL, 1 cNiiFF, CR.EAN, COOK & SHEEHAN
ATTORNEYS AT LAW
30 MAIN STREET
SAMUEL PEARL PEABODY, MASSACHUSETTS 01960-6597 JOHN A. FALLON'
(1907-1995) DONALD L.CONN}
OLIVER T.COOK PEABODY (978)531-1710
WILLIAM H. SHEEHAN III, PC BOSTON (617) 720-3456 OF COUNSEL
THOMAS C. REGAN, PC FAX (978) 531-4895 JOHN A. MCNIFF
MICHAEL T. SMERCZVNSKI, PC
JOHN M.CREAN
ARTHUR J. FRAWLEY,JR.
*ALSO
iw N0 ADMITTED TO MAINE BAN
November 23, 1998
City of Salem
Public Property Department
Building Department
One Salem Green
Salem, Massachusetts 01970
Attention: Kevin G. Goggin
Re: 21 Andrew Street
Dear Mr. Goggin:
Please be advised that I represent Hazel Trembley, a unit
owner at the above property, who is in receipt of your letter of
July 20, 1998. It is my information that Ms. Rion has not
corrected the second egress problem referred to in your letter.
It has come to Ms. Trembley's attention that you may be meeting
with Ms. Rion and her attorney. I request that you keep me
informed of developments in this case.
Thanking you in advance for your anticipated cooperation I
am.
Very
truly yours,
Donald L
DLC mt a
cc: Richard Stafford, Esquire
r
Ms. Hazel Trembley Co ,-7
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m o
3� Citp of iarem, �R&Oarbuzetw
Public Propertp �Beparttnent
�3uilbing Department
One.&alem green
(976) 745-9595 (text. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
July 20 , 1998
Barbara Rion
63 Broad Street
Salem, Mass . 0190
RE : 21 Andrew Street
C-9-98
Dear Ms . Rion:
Following an inspection of your property located at
21 Andrew Street, the following building violation was
found;
1 . Second eans of egress from unit V cannot exit through
unit��eference Massachusetts State Building Code
780 R, Chapter 1 , Section 1006 . 2 . 1 .
Please contact this office within ten ( 10 ) days upon
receipt of this letter to inform us as to what course of
action you will take to rectify this situation.
Thank you in advance for your anticipated cooperation
in this matter.
Sincerely,
Kevin G.Goggin
Inspector of Buildings
KGG: scm
cc : Fire Prevention
Hazel Tremblay
Councillor Flynn, Ward 2
10
RICHARD W. STAFFORD 1���'C ' . 51
ATTORNEY AT LAW
October,22, 1998
f
Kevin G. Goggin l E Y
Assistant Building Inspector 1 5
City of Salem
Public Property Department '
One Salem Green
Salem, Massachusetts 01970
Re: Unit B, 21 Andrew Street Condominium
21 Andrew Street, Salem;MA.
Dear Mr. Goggin,
I represent Barbara Nola-Rion, the owner of the above referenced condominium
unit. She has provided me with a copy of your letter to her dated July 20, 1998
identifying an alleged violation of Section 1006.2.t of the Massachusetts State Building
Code. Your letter describes the violation as:, "Second means of egress from Unit A .
cannot exit through unit:'B-. : ." For clarification purposes,Barbara Rion owns Unit B of
the,condominium,-not Unit A. Was it your intention to identify Unit A,or Unit-B,-as the
offending Unit?
I will address the issue raised in your letter as though the units' numbering was {
"inadvertently reversed in your letter. Ms. Rion has sought the services of Mr. Dan Pierce,,
a licensed architect to investigate further the history of the property, and to address the
issue of egress which you-have raised. I`have reviewed the City of Salem Zoning
Ordinance, the condominium documents (which I understand were not available.to you at
the time you issued the letter of violation) and the opinion of Mr. Pierce which is attached
here..Based on the foregoing, Ido not believe that the premises violates the state
building code.'
Historically, the premises has been used as a two family dwelling,in a zoning
district.which has permitted two fainily,dwellings as of right since the adoption of zoning
in the City of Salem in 1926: This is confirmed by information in the possession of the
City Planning Department, the Building Inspector's Office, and,the Assessors' Office:_
On that basis; in the absence of an alteration which would rise to the,level of a Chapter 34
review, it appears that the property is grandfathered as to egress. It does not appear from
the records of the Building Inspector's Office that any such alteration has taken place. .
16 Prom t` Street Salem, Massachusetts 01970 .
Telephone (978) 74.5-0931 Facsimile (978) 74179034
As I indicated earlier,I do not believe that you bad the opportunity to review the
condominium documents in connection with your inspection. The documents and the
plans (see copies with Mr. Pierce's letter)clearly provide an"emergency access" for Unit
B to the central stairwell. This egress is consistent with the historical use of the property. .
The present owner of Unit A is subject to that egress and cannotin any way.interfere with
that egress. Again, Mr. Pierce proposes some work which would operate to inform the
owner of Unit A when the emergency egress was activated. '
I am taking the opportunity to'copy Atty. Keenan and Mr. Strout on this
correspondence since Arty. Keenan has been previously involved,-.and Mr:Strout was not
in,the department when the issue originally arose.
I look forward to hearing from you once you have had an opportunity to review
these materials. If you feel a meeting would be helpful please.call me to discuss a '
mutually convenient time for us to meet and I will coordinate times with Mr. Pierce and
Ms. Nola-Rion. -
Very truly yours,"
Richard W. Stafford, Esq.
cc Barbara Nola-Rion
Daniel Pierce
Letter to the Building-Inspector.-Salem Rion
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16 October 1998
Ms. Barbara Nola-Rion
63 Broad Street
Salem, MA 01970
Project: 21 Andrew Street (C-9-98)
Subject: Building Code Review
Dear Barbara:
The purpose of this letter is to summarize our findings and recommendations resulting from our site
observations and a review of the State Building Code relative to the second means of egress from
your condominium unit located at 21 Andrew Street.
As requested, I met with you at the referenced property on 11 September 1998, to observe the
existing conditions relative to the two means of egress from your dwelling unit, and to review copies
of your certified condominium documents in order to verify their representation of the existing
conditions.
At that time you also provided me with a copy of a letter sent to you from the Inspector of
Buildings for the City of Salem dated 20 July 1998, which cites a building violation relative to the
second means of egress from your unit. It is my understanding that the references to Units A and B
in the City's letter were inadvertently reversed, and that the Building Department intended to refer to
the the second means of egress from your Unit B as referenced on the attached copy of your
Condominium Document plans.
a
We then completed a review of the State Building Code to research and confirm the applicable
provisions effecting your building, and to prepare any questions for review with the building O
officials. On October 5th, I spoke by telephone with Mr. Goggin, Inspector of Buildings for the LL
City of Salem, to review our questions and to seek clarifications relative to certain Building Code
provisions.
N
a
To assist you with preparing a response to the letter from the Building Department, I submit the
following summary of our observations, code review, findings and recommendations.
0
Observations
0
1. The existing building is a two-family dwelling with floor plan layout as indicated on the attached
copies of the certified plans dated Sept 9, 1987 as prepared by Robert L. Scagliotti AIA Inc.
Architects.
g
2. Your dwelling unit (Unit 'B') has two independent means of egress from the normal level of E
entry/exit (second floor) leading directly to grade; one of which is located at the rear Common m
Hall Area and leading to the Common Entrance located at the first floor; and the second (n
'Emergency Exit' leads to the Stairhall which leads directly to the Main Entrance located at the m
first floor.
x
d
N
n
Barbara Nola-Rion 16 October 1998 Page 2
3. Unit 'A' also has two independent means of egress located on the first floor; two doors which
lead directly to the Foyer and Main Entrance; and the second door exiting to the Common Hall
Area and leading directly to the Common Entrance. Unit 'A' does not require an additional
means of egress through the door identified as the 'Emergency Exit' and through 'Unit B' to the
Common Hall Area.
4. A household fire warning system exists throughout the building and appears to be a hard-wired
system with detectors positioned in the appropriate locations. The system was not tested or
inspected and therefore, the type of components installed, the wiring methods and the alarm
functions could not be confirmed or verified.
5. The "Emergency Exit" leading from Unit `B' to the Stairhall consists of two doors swinging in
opposite directions (one door on each side of the door frame). It is my understanding, based on
verbal information and not my own visual inspection, that the door on the Stairhall side of the
egress may have either a deadbolt or a lock that is operable only from the Stairhall side of the
door (Unit `A' side).
Summary of Code Review
The following provisions of the Massachusetts State Building Code, 6th Edition are applicable to the
existing building located at 21 Andrew Street in Salem, MA.
Code Reference Description Comments
102.5.2 Applicability to Existing Buildings Any existing building is presumed to
meet the provisions of applicable laws,
codes, rules and regulations, bylaws or
ordinances in effect at the time such
building was constructed or altered and
shall be allowed to continue to be
occupied pursuant to its use and
occupancy provided that the building is
maintained in accordance with 103.0.
102.5.5 Applicability to Existing Buildings Existing buildings or parts or portions
thereof which are proposed to be
enlarged, altered, repaired or changed in
use or occupancy shall comply with the
provisions of Chapter 34-Repair,
Alteration, Addition and Change of Use
of Existing Buildings.
103.1 Maintenance All buildings and all systems and
equipment therein, which are regulated
by the Code, shall be maintained in a
safe, operable and sanitary condition. All
means of egress devices and safeguards
which are required by the Code, or which
were required by a previous statute when
erected, altered or repaired shall be
maintained in good working order.
310.2 Residential Use Group:
Definitions Two-family dwelling: A building
containing two dwelling units with not
more than five lodgers or boarders per
family.
Barbara Nola-Rion 16 October 1998 Page 3
310.6 Use Group R-4 Structures Includes all detached one- or two-family
dwellings not more than 3 stories in
height, and accessory structures. All such
buildings or structures shall be designed
in accordance with Chapter 36-One and
Two Family Dwelling Code, or in
accordance with the requirements for Use
Group R-3.
Note: Use Group R-3 requirements are
not applicable to this building.
Chapter 34 Repair, Alteration and Change of
Use of Existing Buildings
3400.1 General: The provisions of Chapter 34 are
intended to maintain or increase public
safety, health and general welfare in
existing buildings by permitting repair,
alteration, addition, and/or change of use
without requiring full compliance with
the Code for new construction.
3400.3 Applicability Additions, alterations and new
components or systems shall comply with
the requirements of the Code for new
construction, except as otherwise
provided in Chapter 34.
3400.4.1 Existing Non-Conforming Means The building official can cite a violation
of Egress to the owner of an existing building when
the following conditions are observed:
1. Less than the number of means of
egress serving every space and/or
story required by Chapter 36 for one
and two family dwellings.
2. Any required means of egress is not
so arranged as to provide safe and
adequate means of egress.
Chapter 36 One and Two Family Dwelling Code
3603.10.1 Means of Egress Egress from all dwelling units shall be by
means of two exit doors, remote as
possible from each other and leading
directly to grade. Such doors shall be
provided at the normal level of entry/exit.
In addition, all other floors within a
dwelling unit shall have at least one
means by which a continuous and
unobstructed path to the exit doors, by
means of stairways, corridors, hallways or
combinations thereof, is provided.
Barbara Nola-Rion 16 October 1998 Page 4
3603.10.3 Door Hardware Double cylinder dead bolts requiring
key operation on both sides are
prohibited on required means of egress
doors serving more than one dwelling
unit.
3603.10.4 Emergency Egress from Sleeping rooms shall have at least one
Sleeping Rooms openable window or exterior door
approved for emergency egress or
rescue. The windows shall be operable
from the inside to a full clear opening
without use of a key or tool. Sill height
above finished floor shall not exceed 44
inches. The emergency escape windows
shall have a net clear opening of 3.3
square feet in area, with the minimum net
clear opening of 20 inches by 24 inches
in either direction.
Findings
1. The provisions of Chapter 34-Repairs, Alterations and Change of Use of Existing Buildings
would apply if you had submitted or were planning to submit an application for a building
permit for any addition, alterations or change of use to the existing building. As noted above,
the proposed additions, alterations and new components or systems would need to comply with
the Code for new construction, and since the building is classified as a two family dwelling, any
proposed work subject to the provisions of the Code for new construction would be governed by
Chapter 36-One and Two Family Dwelling Code.
2. With regard to the violation cited by the building official, it is my professional opinion, based on
my knowledge, information and belief, that Section 1006.2.1 cited in the building official's
letter does not apply to this existing building use group and occupancy.
3. I also do not believe that the existing means of egress could be determined to be non-
conforming as defined by Section 3400.4.1. Since 21 Andrew Street has existed as a two family
dwelling since 1820 according to City Assessor's records, with two independent and remote
means of egress from each dwelling unit at the normal level of entry/exit and leading directly to
grade, it is my belief that this building is "grandfathered" from full compliance with the Code
for new construction.
4. If upon further inspection, it is determined that the "Emergency Exit" door leading from Unit 'B'
to the Stairhall as noted in Item 5 above, can in fact be locked or deadbolted from the Stairhall
side of the door, then I would find the existing situation to be contrary to the terms of the
Master and Unit Deeds, and I would also find that the existing second means of egress would not
be so arranged as to provide safe and adequate means of egress in accordance with Section
3400.4.1 as noted herein.
5. The existing window sash opening located in the third floor bedroom does meet the minimum
clear area and minimum clear dimensional requirements for emergency egress from sleeping
rooms. The storm/screen window unit however, does not meet these requirements.
Barbara Nola-Rion 16 October 1998 Page 5
Recommendations
1. Consistent with Section 3603.10.3-Door Hardware, I recommend that any lock or deadbolt
located on the Stairhall side of the 'Emergency Exit' door leading from Unit 'B' should be
removed and replaced with one of the following options:
a. The interior door located on the Unit 'B' side of the opening should be removed. Install
panic hardware with an electrical contact device tied to the household fire warning system
that would activate the alarm and signal all occupants that the emergency exit door has been
opened, and that an emergency situation exists. I also recommend replacing the existing
wood panel door with a new solid core fire rated wood door at the same time. Finally,
connecting the door alarm to an independent security monitoring service as well as to the
household fire warning system will alleviate any concerns for privacy or security between
the two units.
or
b. Install a double cylinder deadbolt lock operated by master key from both sides of the door
located on the Stairhall side of the existing opening. The interior door located on the Unit
'B' side of the opening should be removed.
2. Consistent with Section 3603.10.4-Emergency Egress from Sleeping Rooms, I recommend
replacement of the exterior storm/screen window unit located at the third floor bedroom window
with a unit that will provide minimum clear opening area and minimum clear dimensions in
each direction. Alternatively, the existing double hung window and exterior storm/screen unit
could be removed and replaced with a new casement window with insulated glass and removable
interior screen that meets the egress requirements.
3. I also recommend securing an inspection and testing of the existing household fire warning
system to determine that it meets current safety standards. This testing and inspection could be
completed by a licensed electrician or by Salem Fire Prevention personnel. However, before
sale of your property can be completed, I believe Salem Fire Prevention must inspect the
property to certify that the proper number and type of detectors have been installed and are
functional.
I trust that the above information will be helpful in your efforts to satisfactorily resolve any
misunderstandings with regard to the second means of egress from your unit. Please don't hesitate
to contact me if you need additional information or clarifications to any of the above observations,
findings, code interpretations or recommendations..
Respectfully,
D.H. Pierce Design Associates, Inc.
d/b/a Pierce Architects
H. Pierce,
7
Principal lel
Enclosures: Condominium Document "Plans" dated 9 Sept 1987, pages 1 through 4.
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RICHARD W. STAFFORD
ATTORNEY A:1' LAW
October 22, 1998
Hazel M. Trembley
21 Andrews Street
Salem, MA. 01970
Dear Ms. Trembley,
I represent Ms. Barbara Nola-Rion. Ms. Rion has provided me with a letter which
she received from Mr. Kevin G. Goggin. then Building Inspector for the City of Salem
alleging a possible violation of the state building code pertaining to the required means of
egress from her unit of the Condominium. I have reviewed the Master Deed of the
condominium and find that there is no violation of the building code if the obligations of
each unit owner with respect to the Emergency Exit are followed.
The master deed plans clearly identify the second floor entry from Unit B into the
"Stairhall `A"' as "emergency exit". The Master Deed, section 6. "Common Areas and
Facilities", includes as a part of the common areas: "(c) the entrances, halls and corridors
and stairways serving more than one (1) unit, including the emergency exit door,". Even
more specifically, the Master Deed at section 7 c states: "The owners of each Unit shall
have an exclusive right and easement to use the emergency exit door located on the
second floor and the exclusive right and easement to pass through the other unit in
connection with any emergency and use of said emergency exit."
In the interest of the safety of all of the residents of your condominium, the door
at the "emergency exit" must not be deadbolted or locked from either side in any manner
which would prohibit its unobstructed use by either Units' occupants in the event of an
emergency. This was a condition of your purchase of your Unit. Barbara has engaged
the services of an architect to develop some alternative mechanisms to provide notice to
all parties in the event the emergency exit is used and she would be happy to discuss
these as options for the Condominium Association to explore. The cost of such
installations would be borne by the units in accordance to their percentage interests, yours
is 62% and Barbara's is 38%.
Finally, if you are interested in eliminating the emergency door exit for whatever
reason, I should advise you that the cost of doing so would be approximately $20,000.00
based on estimates which Barbara has received. I would advise you that Barbara is not
prepared to make such an expenditure, but would cooperate with your contractors if you
would like to pursue this on your own behalf.
16 Front Street • Salem, Nlassacliusetts 01970
Telephone (978) 745-0931 • Facsimile (978) 741-9034
y'
Please contact Barbara once you have had an opportunity to review this letter to
discuss your thoughts. We will be forwarding our conclusion that there is no building
code violation to the City's Building Department and will keep you advised of our
discussions with city officials.
Very truly yours,
Richard W. Stafford, Esq—
J
>
CITY OF SALEM - MASSACHUSETTS
WILLIAM J. LUNDREGAN Legal Department JOHN D. KEENAN
City Solicitor 93 Washington Street Assistant City Solicitor
81 Washington Street Salem, Massachusetts 01970 15 Church Street
Tel:978-741-3888 Tel:978-744-8500
Fax:978-741-8110 Fax:978-744-0111
September 24, 1998
Barbara Ryan
63 Broad Street
Salem, Massachusetts 01970
RE: 21 Andrew Street
Dear Ms. Ryan:
Per our discussion, please find enclosed Building Code Section 1006.2.1 which
pertains to the issue at your condo unit.
Thank you for your attention to this matter.
Very best regards,
'0D. Keenan,
As stant City Solicitor
CCE, Kevin Goggin, Bldg:`1nlp.
Jy`-
w
t CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH
Dr. Israel Kaplan Public Health Center
Off Jefferson Avenue
Salem, Massachusetts 01970
PHILIP H.SAINDON ROBERT E. BLENKHORN
JOSEPH R. RICHARD
HEALTH AGENT
MILDRED C. MOULTON• R.N. JULY 21, 1980 (617) 745-9000
EFFIE MACDONALD
ROBERT C. BONIN
Frederick M. Piecewicz, M.D.
Patrick Scanlan
Hr. Charles McMannus
253 Lafayette Street
Salem, Ma. 01970
21 AMDREW_ STREET
Mary Smith July 11, 1980
on
9:30 a.m. 1 -;ve bcon ru;rod:
Living Room stairs need handrail and balusters in accordance with 410.503 A. B. and C.
Regulation Enclosed.
� L
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Page 2 of 2 Pages
CITY OF SALEM HEALTH DEPARTMENT July 21, 1980
/SII//II p y DR. ISRAEL KAPLAN PUBLIC HEALTH CENTER Date
CFF JEFFERSON AVENUE
SALEM. MA 01970 -
' Re.Mary Smith
To: Mr. Charles McManus 71 Andrew Srroer
a :tte btreet Salem_ Ma. 01970
a em, Ma. 01970
You are hereby ORDERED to make a good faith effort to correct these violations; said
correction of these violations shall be commenced IMMEDIATELY ,
after receipt of this letter and shall be completed no later than TWENTY-FOUF HOURS (24)
Also notify the Health Department immediately by letter of your intentions to make
these repairs.
Under Provisions of Article 2 of the State Code, the above are considered EMERGENCY
CONDITIONS which may endanger or materially impair the health and/or safety and well-
being of an occupant.
You are hereby advised of your right to a Hearing before the Board of Health by filing
a written petition within 7 days. Procedures for filing of said petition are enclosed.
You are also hereby advised that the conditions which exist may permit the occupants to
exercise one or more statutory remedies which can include rent withholding.
You are further advised that failure on your part to comply within the specified time
can result in a complaint in the Salem District Court.
FOR THHE� BOARD OF HEALTH REPLY TO: Q
ROBERT E. BLENKHORN WALTER SZCZERBINSKI, R.S.
Health Agent Senior Sanitarian
rtified Mail {�
CertiP05 0383312
Return Receipt Requested.
Encls. 1) Procedures for filing petition
2) Three-page Inspection Report
cc: X Building Inspector, One Salem Green
Electrical Inspector, 44 Lafayette St.
Fire Prevention, 48 Lafayette St.
Plumbing.Inspector, One Salem Green
X Tenant(s)
Attorney
Ward Councillor
105 C61R: DEPARTMENT OF PUBLIC HEALTH
410.5()l : continued
(B) An exterior door or a door leading from a dwelling unit to a
common ,passageway shall be considered to be weathertight only if:
(1) all panes of glass are in place and property caulked; and
(2) the door opens and closes fully without excessive effort; and
(3) exterior cracks between the prime door frame and the exterior
wall are caulked; and
(4) one of the following conditions is met:
(a) a storm door is affixed to the prime door frame, with
caulking installed so as to fill exterior cracks between the
storm door frame and the prime door frame; or
(b) weatherstripping is applied such that the space between the
door and the. prime door frame is no larger than 1/16 inch at any
point on the perimeter of the door or
(c) the door - is sufficiently well-fitted such that, without
weatherstripping, the space between the door and the prime door
frame is no larger than 1/16 inch at any point on the sides of
the door or 1/8 inch at any point on the top or bottom of the
door.
(C) A wall, floor, ceiling or other structural element shall be consid-
ered weathertight only if all cracks and spaces not part of heating,
ventilating or air conditioning systems are caulked or filled in as to
prevent infiltration of exterior air or moisture.
410.502: Use of Lead Paint Prohibited
No paint that contains lead shall be used in painting any surface of
any dwelling. (See 105 CMR 460.000. )
410.503: Protective Railings and Walls
060 (A) The owner shall provide a safe handrail for every stairway that is
used or intended for use by the occupants.
(B) The owner shall provide a wall or protective railing at least 36
inches high enclosing every porch, balcony, roof or other similar place
which is more than 30 inches above the ground and is used or intended
for use by the occupants. All stairways used or intended for use by
the occupants must be enclosed on both sides by a wall or protective
railing at least 36 inches high.
(C) All protective railings required by 105 CMR 410.503(B) shall have
balusters placed at intervals of no more than six inches, or any other
ornamental pattern between the railing and floor or stair such that a
sphere six inches in diameter cannot pass through.
19
r,.��
X=VIOLATiGN /=NO VL ON RD IAR:{S VLO.
YARD Out Kdgs_ , Ferice,;
Ca rh a
j,e
Container,;
TIEWUCTURE 1--T.
Stepps�Stai_rs_L Porcji-_-;
44�ija t
Dual *Egress and Obst'n.
Roof, Gutters , Drains
Walls, Foundation
Chimney
BASEMENT Gen. Sanitation
Dampness
Stairs
Lighting
STRUCTURE INT, Hall Stairway
COMMON Obstructions
--
Hall,loor, Wall, Ceiling
Hall Light.inL .........------
IAZ-
Hall Doors, Windows
HEATING ED ()
CENTRAL LDy OT Chimney
E3NEquip_ and ReLair
TYPE: Stacks, Flues, Vents
Name of oil Co .
--
PLUMBING Supply
0 MS os� OP Waste
Lille
ELECTRICAL Gen. Cond. Dist. Box
T 1-Lag
0 110 0- 220
OTHER
D14ELLIN
Vent ng. Out t Wls. Ceils. Wind Drs. Locks Te . ..'ds.
KITCHEN m Sp&Use Ext.
NA—TIUR50—M 7---
DEN
N G ROOM
BEDROOM (1)
BEDROOM (2)
BEDR0014 (3)
BEDROOM
HOT WATER FACILITIES Gas 1=l Oil
SUPPLIED BY : 00 OT Stacks, Flues , Vents .—Safetys
KITCHEN FACILITIES Sink L73 Stove r-_J
BATHROOM FACILVent,OnL, Plumb, San L
Sink,, Sh(3we�r or tube
INFESTATION _Rats, Mice, Roaches, or other
"-
EGRESS Dual—and Ob`stTn--
_dENERAL Building Posted
Locks, Common Drs.
TENANTS RESP. Structural Flem'ts
OTHER' Liv PhtA -AL
DETERMj!.qjq7O,N ONE OR MORE OF THE VIOLATIONS CHECKED ABOVE I.';A COTNDI-j N WIT
ICH
BY YNSPECTOR MAY MATERIALLY IMPAIR THE HEALTH OR SAFETY AND WELL-BEING OF THE
TrY D N OCCUPANT AS DETERMINED BY 105CKR 410.750 OF THE CODE OR THE
AUTHORIZED TNSPECTOR. (See Over)
F
410.990: Continued `
410.750: Conditions Decried to Frdan e: oil Impair. '..ea1t _ ;}, S;;fety
t The following e.onditfcnp, , whey: ;,)und rn r .iri' 3n rrsid, ui ,-z'i 1„ ctaise , .i,ai1. deemed
conditions which may eudm?ger .r i.mpai. thea t avid wed being of 'a per�oit
or persons occupying thi� rreau,.e.s. Tt 1.. ii-s; ing cr ( <,sed of these i.t:em, which are
I eemed to always have the potaati_al to •nd,91W , r 0,191 ,^(al ly impair rile heralth or safety,
and well-being of the occupants or the public, P,e.r:; use (11apt:er I1,. CMR 47.0.000 through
410. 499 state minimum requirements of fitness for !lmnar, l+ahitation, any viol ,, :i.on has the
potential to fail within this category in any give:: situation but may not do so in every
f., case and therefore cannot be included in this listing. Failure to include -shall in no way
be construed as a determination that other vinlat .ons may not be found to fail within this
car.egory, Nor shall failure to include affect the duty of the local health official to order
repair or correction of the violation(s) pursuant to 410 CMR 410.830 thr.ough410.833 nor shat:
Et affect the legal obligation of the person to *.whom the order is issued to comply with such
orde.
(A) Failure to provide a supply of water sufficient in quantity, pressure and temperature,
both hot and cold, to meet the ordinary needs of the occupant in accordance with. 105 CMR
410. 190 for a period of 24 hours or longer.
!B) Failure to provide heat as required by 105 CMR 410,.201 or improper venting or use of a
space heater or : :,er heater as prohibited by 105 CMR 410.200(B) and 410.202. '
(C) Shut-off and/or failure to restore electricity or gas.
(D) Failure to supply the electrical facilities required by 105 CMR 410.250(B) ,410.251.(A) ;”
410.253"A) 410.253(B) and the lighting in common area required by 105 CMR 410.254.
(ti) Failure to provide a safe supply of water.
(F) Failure to provide a toilet and maintain a sewage system is operable condition as requir-
ed by 105 OR 410. 150(A) (1) and 410.300.
(G) Failure to provide adequate exits, or the obstruction of any exit, passageway or common
area caused by an object, including garbage or trash, which prevents access In case of
an emergency 105 C7,M 416.450 and 410.451.
(11) Failure to comply with the security requiremen..s of J,05 CMR 41.0.480(D) ,
(I) Failure to comply with any provisions of 105 CMR 410.500 through 410.602 which results
in any accumulation of garbage, rubbish, filth or other causes of sickness which may
pruvide a food source or harborage for rodents , insects or other pests or otherwise
contribute to accidents or to the creation or spread of disease. .
(J) The presenceof lead-based paint_ on a dwelling, or dwelling -un.i.t in violation of the Mass-
achusetts Department of Public Health Regulations for I:ead Po-isoning-Prevention and Con-
trol 105 CMR, 460.000.
(K) Roof, foundation, or other structural defects that may expose the occupant or anyone else
to fire, burns, shock, accident or other dangers or impairment to health or. safety.
(L) Failure to install electrical, plumbing„ heating and gas-burning facilities in accordance
with accepted plumbing, heating, gas-fitting and electrical wiring standards or failure t
maintain such facilities as are required by 105 CMR 410.351 and 410.352 so as to expose t
occupant or anyone else to fire, burns, shock, accident or other danger or impairment to
health or safety.
(11) Any of the following conditions which remain uncorrected for a period of five or more day
following the notice to or knowledge of the owner of said condition or conditions:
(1)Lack of a kitchen sink of sufficient size and capacity for washing dishes and kitchen
utensils or lack of a stove and oven or any defect that renders either operable.
(2)Failure to provide a washbasin and a shower or bathtub as required in 105 CME. 410. 150(
(2) and 410. 150(A) (3) and any defect which renders them inoperable.
(3)Any defect in the electrical, plumbing, or heating system which makes such system or
any pant thereof in violation of generally accepted plumbing heating„ gas-fitting or
electrical wiring standards that do not create an immediate hazard.
(4)Failure to maintain a safe handrall or protective railing for every stairway, porch
balcony,roof or similar place as required by 105CMR 410.503(A) and 410.503(B) .
(5)Failure to eliminate rodents,cockroached,insect infestations and other pests as re-
quired by 105 CMR 410.550.
(N)Any other violation of. Chapter rI not enumerated in 105 CMR 410.750(A) thr,ugh(M) shall be
deemed to be a condition which may endanger or materially impair the health or safety and we]
being of an occupant upon the failure of the owner to remedy said conditiork within the time e
ordered by the Board of Health.
SALEM
�—~ CITY/TOWN__...____._.
I
HEALTH
�. -- -DEPARTMENT__�..._.�._.
OFF JEFFERSON AVENUE SALEM. CtASSACRUSETTS 01970
ADDRESS
745-9000 extention 207
TELEPHONE
THE FOLLOWING IS A BRIEF SUMMAPY OF SOME OF I HF Lf GAL IIEMEOIES 11-NANTS MAY USE IN ORDER TO GET HOUSING
CODE VIOLATIONS CORRECTED.
f This is an important legal rlocun:rnt. It may affect your rights. You may
obtain a translation of this form at Code. Inspection Office
419,ReI1njgrt St._Cgy_
Into a um dbr:umento legal muito importanke que podera afectar oe sols
direitos. Podem adquirir uma tradugao deste dorumento de:
Le suivante est on important document legal. 11 pourrait affacter vos
droits. Vous pouvez obtenir une traductlon de tette forme a:
Ruesto a un documento legate importance; Potrebbe avers effetto sul
s cti diritti. Lei pub ottenare une traduzione di questo modulo a:
Este es un documento legal importante. Puede que afecte sus derechos.
Ud. Puede adquirir-una traduccion de esta forma alt:
AUTO E:1.Vt2 t. EVCt OrI LLo.VTtxO VoULx0 eywo.(Do. MrtooEL Va
i
CITnPECLCi TO, VOL itxQ Q(ts 5L)caLwL=T4, MTIOpEtTE VCL
. 'LO.pETC LLE TciWp1,—,-,I '.0 TOU TJU EYY(D'atCCV rXRO TO
-1• v' T � '-'�f 'i`OV -• js: it tl "{ �� !
CHAPTER II
STATE SANITARY CODE
ADDRESS: 2G /QAt� y�� NO OCCUPANTS .^��_TI:LF.PHONE NO:y1
OCCUPANT: M � FLOOk: �13, APT.
NO DWE'LLING�_ NO ROOMING UNITS: NO STORIES: -2-
BASEMENT:
BASEMENT: TYPE STRUCTURE:_FRAM; l/BRICK:� SEMIDF:fACHED:
DE7'ACHED:� NO OF HABITABLE ROOCLS: NO OF SLEEPING ROOMS:
OWNER:
ADDRESS:
i� ,
410:990 Continued
THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LECAL Rf�U-7DIES TENANTS MAY USE IN
ORDER TO GET HOUSING CODE VIOLATIONS CORRECTED,
1. Rent Withholding (General Taws Chapter 239 Section 8A)
If Code Violations Are Not Being Corrected you may be entitled to hold back your
rent payments. You can do this without being evicted if:
A. You can prove that your dwelling unit or common areas contain code violations
which are serious enough to endanger, or materially impair your health or safety
and that your landlord knew about the violations before you were behind in your
rent.
B. You did not cause the violations and they can be repaired while you cont:ntue tc
live in the building.
C. You are prepared to pay any portion of the rent into court if a _judge orders ;o
to pay it. (For this,it is best to put the rent money aside in a safe place,)
2., Repair and Deduct (General Laws Chapter III Section 127L) .
The Law sometimesallows you to use your rent money to make the repairs voursel.'. I`
your local code enforcement agency certifies that there Are code vioiatirri.s which e
danger or materially impair your health,safety or well-being, and your lnndiord has
received written notice of .the violations,you may be able to use this remedy, If th
owner fails to begin necessary repairs )or to enter into a written contract to have
them made)within five days after notice or to complete repairs within 14 days after
notice you can use up to four months' rent in any year to make the repairs.
3. Retaliatory Rent Increases or Evictions Prohibited (General Laws Chapeter 186,5ecti
18 and Chapter 239 Section 2A) .
The owner may not increase your rent or evict you in retaliation for making a com-
plaint to your local code enforcement agency about code violations,. if the owner
raises your rent or tries to evict within six months after you have made the com-
plaint he or she will have to show a good reason for the increar,e or, eviction which
is unrelated to your complaint. You may be ablo 'to sue the landlord for damages if
lie or she tries this.
4. Rent Receivership (General Laws Chapter IIII Sectons 1270.-11) .
The occupants and/or the Board of Health may petition the District or Superior Cour
to allow rent to be paid into court rather than to the owner. The Court m�;v then ap
point a "receiver" who may spend as much of the rent money as is needed to correct
violation. The receiver is not subject to a spending limitation of four months' ren
5. Breach of Warranty of Habitability.
You may be entitled to sue your landlord to have all or some of your rent returned
your dwelling unit does not meet minimum standards of habitability.
6. Unfair and Deceptive Practices (General Laws Chapter 93A) .
Renting an apartment with code violations is a violation of the consumer protection
act and regulations for which you may suee an owner.
THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY Of' TUE LAW,BF,POTIR. YOU DECIDE TO Wl:T1I-
HOLD YOUR RENT OR TAKE ANY OTHER LEGAL ACTION, IT IS ADVISABLE 'PlUO.' YOU C1rNS11;,T Al4 AT-
TORNEY. IF YOU CANNOT AFFORD TO CONSULT AN AT'1'OILNEY, YOU SHOULD CO" "ACT THE NEARES' LE-
GAL SERVICES OFFICE WHICIi IS:
NEIGHBORHOOD LEGAL SERVICES, INC. _ _ 927-4430
-
(Name) (Tel.erhene Number) —
407 - 409 CABOT STREET, BEVERLY, MASSACHUSETTS 0191.5
(,Address)
INSPECTOR _ TITLE
� A.Mi
PI:ME_�i 3 P. .THE NEXT SCHEDULED REINSPECTION
,