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
| Jun 1, 2012
New BD+C University Course on Insulated Metal Panels available
By completing this course, you earn 1.0 HSW/SD AIA Learning Units.
| May 31, 2012
Proposed change in Michigan’s building code would hurt innovation, say critics
Legislation pending before the Michigan Senate would change the law that calls for building codes to be updated every three years to require an update only every six years.
| May 31, 2012
Natural gas industry opposes federal carbon-neutral construction rule
The natural gas industry and some allies are working to block a federal green building rule that was expected to be a national model for carbon-neutral construction.
| May 31, 2012
Lawsuits push the legal boundaries of green building definition
This article explores some legal issues stemming from lawsuits in which plaintiffs have charged developers with not delivering on a promised level of sustainability.
| May 31, 2012
ANSI approves Green Building Initiative’s design standard
The Green Building Initiative (GBI), a Portland, Ore. nonprofit organization, has had its new consensus-based standard for the design, construction, and operations of environmentally friendly buildings approved by the American National Standards Institute (ANSI).
| May 31, 2012
USGBC testing Minnesota buildings to see if they are living up to LEED standards
The Minnesota chapter of the U.S. Green Building Council (USGBC) has teamed up with EnergyPrint, a St. Paul, Minn. energy consulting firm, to study the energy and water use of more than 150 buildings in the state that have LEED certification.
| May 29, 2012
Reconstruction Awards Entry Information
Download a PDF of the Entry Information at the bottom of this page.
| May 25, 2012
Major retail chains welcome LEED Volume option
Large national chains such as Starbucks, Marriott, Verizon, and Kohl’s are welcoming the LEED Volume Program that enables them to batch certify similar projects.
| May 25, 2012
Alaska’s okay of gravel aggregate with naturally occurring asbestos opens up development
Some long-delayed projects in the Upper Kobuk region of Alaska may now move forward thanks to legislation that allows construction in areas that have naturally occurring asbestos.