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 | Dec 16, 2020
New Specifications for Concrete Construction reference manual released
Scope expanded to include shotcrete, internal curing, mineral fillers, and recycled concrete aggregates.
Codes and Standards | Dec 15, 2020
Despite COVID-19 population flight, don’t write off big cities yet
Lure of urban life and jobs may draw people back after pandemic subsides.
Codes and Standards | Dec 10, 2020
Test method for vertical fenestration installation procedures updated
FGIA issues first update for document created in 2005.
Codes and Standards | Dec 10, 2020
Updated EPDs for Polyiso Roof and Wall Insulation; EPD for Polyiso High-Density Cover Boards published
Cover Boards EPD is an industry first.
Codes and Standards | Dec 9, 2020
Newly formed Rainscreen Association aims to be recognized authority on rainscreen assemblies
Will address innovations in material performance and building designs.
Codes and Standards | Dec 9, 2020
Investors want building resiliency plans and risk mitigation practices
Owners should assess risk, insurance coverage, and ability to withstand disasters.
Codes and Standards | Dec 4, 2020
OSHA cites more than 200 employers for COVID-19 violations
Agency releases guidance on lessons learned from pandemic inspections.
Codes and Standards | Dec 1, 2020
Pandemic spurs nearly 16 million people to move from major cities
Most of the movement seems permanent.
Codes and Standards | Nov 30, 2020
USGBC ready to catalyze LEED Positive future
New programs, updates will spur shift to regenerative strategies.
Codes and Standards | Nov 30, 2020
Updated spec for self-adhering flashing surrounding exterior fenestration products released
FGIA document was last updated in 2013.
