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 | Nov 18, 2016
Canada GBC launching Zero Carbon Buildings Initiative
First step toward Zero Carbon Building Standard.
Codes and Standards | Nov 17, 2016
Santa Monica, Calif., passes historic net-zero ordinance
Includes more stringent commercial, multifamily building standards.
Codes and Standards | Nov 14, 2016
Six more states approve legal marijuana, creating opportunities for developers
Federal prohibition complicates the picture.
Codes and Standards | Nov 14, 2016
Los Angeles voters approve billions to tackle traffic and homelessness
The approved measures will create new rail lines and permanent housing.
Codes and Standards | Nov 9, 2016
NRMCA updates environmental impacts of concrete
The EPD now includes 88 companies, 72 mixes.
Codes and Standards | Nov 9, 2016
Louisiana flood projections require urgent action, officials say
The 'no net loss’ prediction now seems unrealistic.
Codes and Standards | Nov 8, 2016
American Concrete Institute offers new guide for repair of concrete buildings
The guide provides assistance on assessment and rehab.
Codes and Standards | Nov 7, 2016
The AISC prequalified seismic moment connection standard is now available
You can download the 2016 version for free.
Codes and Standards | Nov 4, 2016
Obama Administration makes a push for denser, more affordable cities
The administration calls for zoning code changes and other measures to create more housing.
Codes and Standards | Nov 3, 2016
OSHA proposes safety standards changes to reduce employer costs
The changes include clarification on excavation standard and reporting job-related hearing loss.