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Home My WebLink About2010 Sep 24 - Building Dept Notice of Violation + �o��YRR,� TOWN OF YARMOUTH ° BUILDING DEPARTMENT � � �'�M�T- „3, � 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 260 �e �� C��M�D NOTICE OF VIOLATION SEP 2�' 2010 HEALTH DEPT. Inspection Date: September 20,2010 Date of Notice: September 24,2010 Inspection Type: 780 CMR(MA State Building Code),Town of Yarmouth Zoning Bylaw Property Address: 32 Whisder Lane,Yarmouth Port,MA 02675 Owner's Name: Margaret M. Leonard,Michael J. Kennedy Mailing Address: 32 Whistler Lane,Yarmouth Port,.MA 02675 On September 20,2010,I inspected your house at 232 Whistler Lane, Yarmouth Port,MA 02675,at the recommendation of the Fire Inspector of the Yarmouth Fire Depaztment. During the inspection,I observed what appeazs to be a finished basement,including a bedroom.There are also three bedrooms upstairs,which means that there are a total of four bedrooms in the house. The Town of Yarmouth Assessor's records show just the three upstairs bedrooms. The Assessor's records also show the basement as unfinished. The Building Department has no pernuts on file for any basement alterations. The basement bedroom has no emergency escape,and just a small casement window. The room used as an office has just a small casement window,and the living room , space has none. There is no smoke detector in the baseraent bedroom.The basement lacks heating and ventilation, as is required in all spaces considered as habitable. Fossil-fuel appliances have been enclosed ia a confined space wluch lacks adequate � combustion air. No building or electrical permits have been issued for the conversion . of the basement from an unf'lnished condition into habitable space. ' Please be advised of the following 780 CMR (MA State Building Code)and Town of Yazmouth Zoning ' Bylaw violations: 780 CMR 5303.1 Habitable Rooms.All habitable rooms shall be provided with aggregate glazing area of not less than 8%of the floor area of such rooms. Ncttural ventilation shall be through windows, doors, louvers or other approved openings to the outdoor air. Such openings ' shall be provided with ready access or shall otherwise be readily controllable by the building ; occupants. The minimum openable area to the outdoors shall be 4%of ihe floor area beang i ventilated. . Exceptions: � 1. The glazed areas need not be openable where the opening is not required by 780 CMR ' - 5310 and an approved mechanical ventilation system is provided•capable of producing 0.35 air change per hour in the room or a whole-house mechanical ventilation system is installed capable of supplying outdoor ventilation air of 1 S cubic feet per minute(cfm) (7.08 Us)per occupant computed on the basis of two occupants for the first bedroom and one occupant for each additional bedroom. • 32 Whistler Lane Notice of Violallon Page 2 2. 7'he glazed areas need not be provided in rooms where 780 CMR 5303.1 Exception 1 is satisfied and artificial light is provided capable of producing an average illumination of siac footcandles(6.46 lux)over the area of the room at a height of 30 inches(762 mm)above the floor level. 780 CMR 5310.1 Emergency Escape and Rescue Required. Basements with habitable space and every sleeping room shall have at least one openable emergency escape and rescue opening. Where basements contain one or more sleeping rooms, emergency egress and rescue openings shald be required in each sleeping room, but shall not be required in adjoining areas of the basement. Where emergency escape and rescue openings are provided they shall have a sill height of not more than 44 inches(1118 mm)above the floor. Where a door opening having a threshold below the adjacent ground elevation serves as an emergency escape and rescue opening and is provided.with a bulkhead enclosure, the bulkhead enclosure shald comply with 780 CMR 5310.3. The net clear opening dimensions required by 780 CMR 5310 shall be obtained by the nornzal operation of the emergency escape and rescue opening from the inside. Emergency escape and rescue openings w�th a fznished sidl height below the adjacent ground elevation shall be provided with a window well in accordance with 780 CMR 5310.2. 780 CMR 5310.1.1 Minimum Opening Area.All emergency escape and rescue openings shall have a minimum net clear opening of 5.7 square feet(0.530 ma). Exceptions: 1. Grade floor openings shall have a minimum net clear opening of five sq.feet(0.465 m). 2. Double hung windows used for emergency escape shall be permitted to have a net clear opening of 3.3 square feet(0.31 ms)provided that at least one operable sash meets the minimum height and width required by 780 CMR 5310.1.2 and 5310.1.3 and operational ' • constraints defined by 780 CMR 5310.1.4. 780 CMR 5310.1.2 Minimum Opening Heigh� The minimum net clear opening height shall be ` 20 inches(508 mm). ' 780 CMR 5310.1.3 Minimum Opening Width. The minimum net clear opening width shall be 24 inches(610 mm). 780 CMR 9304.8 Smoke Heat Detection and Carbon Monoxide Alarm Systems and CO i Detection and Ala�m. When one or more sleeping rooms are added or created in existing dwellings, the entire exdsting building shall be provided with smoke detectors, heat detector and � carbon monoxide detectors designed, located and installed in accordance with the provisions for new construction, 780 CMR 5313, as applicable. ' If a garage is created under an existing dwelding or attached to an existtng dwelling, a heat � detector, conforming to the requirements of the code for new construction shall be anstalled in i the garage;such requirement is not appdicable for detached garages(see 780 CMR 5313.2). ! If the dwelling undergoes complete reconstruction such that ald walls and ceilings are open to framing, then the entire existing building shall be provided with smoke detectors, heat detector I • 32 Whistler Lane Notice of Violation Page 3 and carbon monoxide detectors designed, located and installed in accordance with the provisions for new construction(see 780 CMR 5313 inclusive and as applicable). In an existing two family dwelling, if one or more sleeping rooms are added or created in only one of the two dwelding units, the dwedling unit acquiring new sleeping rooms shall be provided with smoke detectors, heat detector and carbon monoxide detectors, as applicable, designed, located and installed in accordance with the provisions for new construction. In an existing two family dwelding, if, during a repair/reconstruction event, one or more sleeping rooms are added or created in both of the two dwellrng units, the entire building shall be provided with smoke detectors, heat detector and carbon monoxide detectors, as applicable, designed, located and installed in accordance with the provisions for new construction for two- family buildings. Note: CD detector requirements for existing R-4 uses are also governed by 527 CMR 31.00 and 248 CMR. 780 CMR 6702.2 Confined Space. Where the space in which the appliance is located does not meet the criterion specified in 780 CMR 6702.1, two permanent openings to adjacent spaces shall be provided so that the combined volume of all spaces meets the criterion. One opening shall be within 12 inches (305 mm)of the top and one within 12 inches(305 mm) of the bottom of the space, as illustrated in 780 CMR Figure 6702.2. Each opening shall have a free area equal to a minimum of one square inch per 1,000 Btu/h(2.20 mm�/W) input rating of all appliances installed within the space, but not less than 100 square inches (0.064 ma). 780 CMR 6701.5 Opening Area(refer to 248 CMR or 527 CMR when applicable). The . free area of each opening shall be used for determining combustion air. Unless otherwise specified by the manufacturer or determined by actual measurement, the free area shall be considered 75%of the gross area for metal louvers and 25% of the gross area for wood ° louvers. 780 CMR 9305 Alteration of Existing Spaces 9305.1 Generad Requirements. Alterations shall meet the requirements of 780 CMR 9304, as applicable, and the requirements of 780 CMR 9305.1. All new rooms or spaces created by remodeling existing spaces and the access and egress to and from such spaces, including emergency egress when required, shall meet the minimum requirements of 780 CMR 51.00 through 99.00 for new construction to the fullest extend practicable and shall be provided with light and ventilation in accordance with the provisions for new construction. � Exceptions:Notwithstanding contrary requirements of 780 CMR SI.00 through 99.00, the following are permitted in existing construction: 1. All interior door wadths except bathrooms, 28 inches(711 mm)minimum i 2. Bathroom door widths 24 inches(610 mm)minimum 3. Other than the two required means of egress doors, additional, nonrequired � exterior doors and sliders shall be permitted at widths and heights less than required ' for required means of egress exterior doorways and that in the opinion of the building official are otherwise acceptable in width. � � , . , , ' � 32 Whistler Lane Notice of Violation Page 4 4. Ceiling heights shall be permitted to match existing ceiling heights. S. Ceiling heights in basement or cellar spaees shall be a minimum of six feet eight inches(2032 mm)but discrete projections below ceilings in basement or cellar spaces due to structure and/or HVAC ductwork/piping shall be allowed to a minimum height of six feet six inches(1981 mm)if in the opinion of the building official such cealing heights and projections are not unduly hazardous to the occupants. Town of Yarmouth Zoning Bylaw I03.1.1 Comnl.iance certification. Buildings, structures or land may not be erected, substantiadly altered or changed in use without certification by the Building Inspector that such action is in compdiance with then applicable zoning, or without review by him regarding whether adl necessary permits have been received from those govemmental agencies from which approval is required by federal, state or local law. Issuance of a building pernzit or certificate of use and occupancy, where required under the Commonwealth of Massachusetts State Building Code, may serve as such certification. Since the basement bedroom lacks emergency.egress,which is a 1'e-safety hazard and is in violation of provisions of 780 CMR and Town of Yarmouth Zoning Bylaw, you are hereby ordered to discontinue use of this room as a sleeping area immediately. You are required to apply for all necessary building and electrical permits to cover the non-permitted work in the basement. Permits will also be required for any demolition in the basemen� As the owner of this property, you are responsible for all violations of 780 CMR and Town of Yarmouth Zoning Bylaw. Since this property is for sale,please be advised that,unless all violations � have been abated by t6e time of the sale, these violations will become the responsibility of the . purchaser. You,along with vour realtor,are therefore reauired to make the nurchaser aware of anv ° such violations.If the violataons staU ex�st at the tune of sale I would recommend that you include this ' Notice of Violation along with other relevant papers. Failure to comply may result in criminal/civil complaints being filed against you. You may be subject to fines as prescribed by pertinent laws and regulations,and/or the issuance of any relevant licenses may be delayed. This order may be monitored in future to ensure compliance. Signed: , r �� y��a Andrew L.Arnault,Local Building Inspector Date � � � � Copy to: Yarmouth Fre Department ; Yarmouth Boazd of Health Ms.Martha Knapp,Kinlin Grover(via email) CERTIFFIED MAIL 7pp9 pp80 0002 0923 8637 i , i t