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Home My WebLink About2011 Mar 29 - Building Dept. Notice of Violation61 YAR MATTACF [ �) YPor..ulenP' (� Inspection Date: Date of Notice: Inspection Type: Property Address: Owner's Name: Mailing Address: 31.z7/,J TOWN OF YARD `) 0�� 7 S r BUILDING DEPAI 1146 Route 28, South Yarmouth, MA 026 NOTICE OF VIOLATION 7-->c L Ir March 28, 2011 G I March 29, 2011 780 CMR (MA State Building Code), Town of Yarmouttrzoning tsytaw 2 Starboard Run, South Yarmouth, MA 02664 Richard E. and Ellen Mastrocola 401 Edgewater Pl. Suite 300, Wakefield, MA 01880-6208 On March 28, 2011, I inspected the property at 2 Starboard Run, South Yarmouth, MA 02664, on the basis of a notification from the Yarmouth Fire Department. I did observe one bedroom in the basement (with three beds) and a living space/sleeping space with what appeared to be a convertible sofa made up as a bed, which gives the house a total of five bedrooms. There is a full bathroom and a bar/kitchen. The Town of Yarmouth Assessor's records show just three bedrooms, and a finished basement. The Building Department has no permits on file for any basement alterations. The basement bedroom has just two small casement windows and no emergency escape. The sleeping space with the convertible sofa has no emergency escape and opens directly into a room with a fossil fuel -fired appliance (oil furnace). There are no interconnected smoke detectors or carbon monoxide detectors in the house. Please be advised of the following 780 CMR (MA State Building Code) and Town of Yarmouth 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. Natural 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 the floor area being 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 15 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. 2 Starboard Run Page 2 Notice of Violation 2. The 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 six 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 shall 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 shall comply with 780 CMR 5310.3. The net clear opening dimensions required by 780 CMR 5310 shall be obtained by the normal operation of the emergency escape and rescue opening from the inside. Emergency escape and rescue openings with a finished sill 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 m2). Exceptions: 1. Grade floor openings shall have a minimum net clear opening of five square feet (0.465M2). 2. Double hung windows used far emergency escape shall be permitted to have a net clear opening of 3.3 square feet (0.31 m2) 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 Height. 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 Detection and Alarm. When one or more sleeping rooms are added or created in existing dwellings, the entire existing 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 dwelling or attached to an existing dwelling, a heat detector, conforming to the requirements of the code for new construction shall be installed in the garage; such requirement is not applicable for detached garages (see 780 CMR 5313.2). If the dwelling undergoes complete reconstruction such that all walls and ceilings are open to framing, then the entire existing building shall be provided with smoke detectors, heat detector 2 Starboard Run Page 3 Notice of Violation 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 dwelling units, the dwelling 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 dwelling, if, during a repair/reconstruction event, one or more sleeping rooms are added or created in both of the two dwelling 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: CO detector requirements for existing R-4 uses are also governed by 527 CMR 31.00 and 248 CMR. 780 CMR 6701.4 Prohibited Sources. Combustion air ducts and openings shall not connect appliance enclosures with space in which the operation of a fan may adversely affect the flow of combustion air. Combustion air shall not be obtained from an area in which flammable vapors present a hazard. For fossil fuel -fired appliances, refer to 248 CMR or 527 CMR to determine prohibited sources of combustion air. Unless allowed by 248 CMR or 527 CMR or 780 CMR 51.00 through 99.00 as applicable, fuel -fired appliances shall not obtain combustion air from any of the following rooms or spaces: 1. Sleeping rooms. 2. Bathrooms. 3. Toilet rooms. International Mechanical Code 303.3 Prohibited locations. Fuel fired appliances shall not be located in, or obtain combustion air from, any of the following rooms or spaces: 1. Sleeping rooms 2. Bathrooms 3. Toilet rooms 4. Storage closets 5. Surgical rooms. Town of Yarmouth Zoning Bylaw 103.1.1 Compliance certification. Buildings, structures or land may not be erected, substantially altered or changed in use without certification by the Building Inspector that such action is in compliance with then applicable zoning, or without review by him regarding whether all necessary permits have been received from those governmental agencies from which approval is required by federal, state or local law. Issuance of a building permit or certificate of use and occupancy, where required under the Commonwealth of Massachusetts State Building Code, may serve as such certification. 2 Starboard Run Page 4 Notice of Violation Since both the bedroom and the sleeping space are considered a life -safety hazard, and are in violation of provisions of 780 CMR and Town of Yarmouth Zoning Bylaw. You are hereby ordered to discontinue use of the basement bedrooms as sleeping areas immediately. You are required to apply for all necessary building, plumbing and electrical permits to cover the non -permitted work in the house. As the owner of this property, you are responsible for all violations of 780 CMR and Town of Yarmouth Zoning Bylaw. This property is currently offered for sale. Please be advised that, unless all violations have been abated by the time of sale, these violations will become the responsibility of the purchaser. You, along with your realtor, are therefore reuuired to make the purchaser aware of any such violations. I would recommend that this Notice of Violation be included with papers to be passed at the time of sale. This property may be monitored for compliance in the future. 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. d: Si ne/ Signed: G. �4 3-z7' 11 Andrew L. Arnault, Local Building Inspector Date Copy to: Mr. Dick Martin, ERA Real Estate Yarmouth Board of Health Yarmouth Fire Department CERTIFIED MAIL 7009 0080 0002 0923 8941