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 | Sep 30, 2021
U.S. has a deficit of 5 million homes
Builders unable to keep pace with demand.
Codes and Standards | Sep 29, 2021
Mass Timber group study will compare structural round timber to glulam products and steel
Will compare costs, capabilities, and carbon impacts of structural materials.
Codes and Standards | Sep 28, 2021
Massachusetts creates Commission on Clean Heat
First-of-its kind body to set targets for buildings to reduce emissions from heating fuels.
Codes and Standards | Sep 27, 2021
Commercial real estate industry faces SEC climate disclosure regulations
Risks associated with climate change would have to be revealed.
Codes and Standards | Sep 22, 2021
Group proposes Carbon Use Intensity metric for new buildings
Plan would track embedded carbon on projects.
Codes and Standards | Sep 22, 2021
Illinois’s sweeping climate bill includes statewide stretch code, building electrification measures
Aims for zero-emissions power sector by 2045.
Codes and Standards | Sep 22, 2021
Cities need to step up flood mitigation efforts to save lives
Recent storms highlight climate change dangers.
Codes and Standards | Sep 21, 2021
Steps to improve ventilation for Covid can combat colds and flu
New look at airborne disease spread shows time viruses linger in air may have been underestimated.
Codes and Standards | Sep 15, 2021
USGBC will change leaders, conduct strategic review
Aims to ensure organization is ‘well positioned to scale its work in the post-pandemic world’.
Codes and Standards | Sep 15, 2021
LEED-certified offices earn higher rents than non-sustainable properties
Are also more resilient to dips in real estate market.