The Massachusetts Supreme Judicial Court recently ruled that distinct portions of a mixed-used building may be treated as distinct and different structures under the state building code. The ruling clarifies more than 40 years of sometimes contradictory decisions.
The case pertained to a resident of a mixed-use building who fell and was seriously injured when a guardrail on a staircase broke. A key question in the case was: “does a building containing both commercial and residential components fall entirely under the section of the state building code applying to commercial buildings?”
The court said that it was significant that resident's apartment wasn't in a commercial portion of the building with the staircase being separate from the commercial section of the structure. The court wrote: “In some cases, the term ‘building’ may encompass only a portion of a larger structure.”
Related Stories
Codes and Standards | Jan 20, 2017
New resource lists green incentives by state
USGBC's new Public Policy Library includes tax and energy benchmarking policies.
Codes and Standards | Jan 18, 2017
How green leases benefit owners and tenants
Agreements to spur efficiency upgrades are slowly gaining popularity.
Codes and Standards | Jan 17, 2017
Intl. Code Council looks into code changes for cross-laminated timber structures
Most codes limit CLT structures’ height.
Codes and Standards | Jan 16, 2017
Building codes for existing buildings evaluated in new white paper
The paper examines implementation, enforcement challenges, and changes needed in new code editions.
Codes and Standards | Jan 13, 2017
New BIM guide for owners released
National Institute of Building Sciences releases a manual for developing standard set of BIM documents.
Codes and Standards | Jan 11, 2017
OSHA prompts more proactive approach to construction site safety
Remote operated camera systems are being used to mitigate risk in real time.
Codes and Standards | Jan 10, 2017
Plunging solar power costs making PVs more compelling for owners, developers
Technical and manufacturing advances are driving down prices.
Codes and Standards | Jan 9, 2017
Boston’s plans for new development at odds with flood projections
One plan calls for building in areas predicted to be flooded during high tides as sea levels rise.
Codes and Standards | Jan 9, 2017
New LEED for Cities, LEED for Communities pilot certifications unveiled
Requires tracking of performance data and progress toward goals.
Codes and Standards | Jan 9, 2017
China claims top ranking outside of U.S. for total LEED-certified space
Canada, India, Brazil, and Korea round out top 5.