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Home My WebLink AboutNotice of ViolationA+o V 242q TJ,v\L S$- TOWN OF YARMOUTH BUILDING DEPARTMENT ll46 Rotrte 28, South Yarmoutho NlA02664 508-398-2231 ext.260 NOTICE OF VIOLATION APR (, 7 2OOB Inspection Date: Date of Notice: Inspection Type: Property Address: Owner's Name: Mailing Address: rH DEPT. April 4, 2fi)8 April 7,2008 780 CMR (MA State Building Code), Town of Yarmouth Zoning Bylaw 90 Freeman Road, Yarmouth Port,MA 022675 Paul G. Ritchie 90 Freeman Road, Yarmouth Port, MA 02675 On April 4, 2008, I inspected your property at 90 Freeman Road, Yarmouth Port, MA 026765, on the basis of a notification from the Yarmouth Fire Department. I was invited into the house by a resident, who took me to the basement. During the inspection, I did observe three bedrooms and a bathroom in the basement. The basement bedrooms have low crcilings, inadequate light and ventilation, and no emergency escape. They are not protected with interconnected smoke detectors. No building, plumbing or electrical permits have been issued for the conversion of the basement from an unfinished condition into dwelling space. Please be advised of the following 780 CMR (MA State Building Code) and Town of Yarmouth Zoning Bylaw violations: 780 CMR 530i.1 Habitable Rooms. All habitable rooms shall be provided with aggregate glazing area of not less than 87o 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 4Vo of the Jloor area being ventilated. Exceptions: l. The glazed areas need not be operable where the opening is not required by 780 CMR 5 310 and an approved mechanical ventilation systein is provided capable of producing 0.j5 air change per hour in the room or a whole-house rnechanical ventilation system is installed capable of supplying outdoor ventilation air of 15 cubic feet per minute (c[tn) (7.08 Us) per occupant computed on the basis of two occupants for the Jirst bedroom and one occupant for each additional bedroom. I l.l 2. The glazed areas need rnt be provided in rooms where 780 CMR 5303 1 Exception t is satisfied and artirtcial liSht is provided capable of producing an average illumination of sixfootcandles (6.46 lux) over the area of the room at a height of 30 inches (762 mm) above theJloor level. 5305.1 Milimum Height. Habitabte rooms, hallways, corridors, bathrooms, toilet rootns, laundry rooms and basements shall have a ceiling height oJ not less than sevenfeet (2134 mm). The required height shall be measured from the finish floor to the lowest projection from the ceiling. Exceptions: l. Beams and girders spaced not less than four feet(1219mm)on center may project not more than six inches (152 mm) below the required ceiling height. 2. Ceilings in basements without habitable spaces may project to within six feet, eight inches (2032 mm) of the finished floor: and beams, girders, ducts or other obstructions nay project to within sixfeet, four inches (I9jlmm) of the finished floor. 3. Not more than 507o of the required Jloor area of a room or space is permitted to have a sloped ceiling less than sevenfeet (2134 mm) in height with no pot'tion of the required floor area less than five feet ( 1 524 mm) in height. 4- Bathrooms shall have a minimum ceiling height of sixfeet eight inches (2036 mm) over the fixture and at the front clearance area for fixtures as shown in780 CMR Figure 5307.2.A shower or tub equipped with a showerhead shall have a minimum ceiling height of sixfeet eight inches (2036 mm) above a minimum area 30 inches (762 mm) by 30 inches (762 mm) at the showerhead. 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. Were emergerrcy escape and rescue openings are provided they shall have a silL height of not more than 44 inches (11 18 mm) above the floor. Where a door opening having a threshold. below the adjacent ground elevation serves as an enurBency escape and rescue opening and is provided with a bulk:head 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 nonnal operation oJ the emzrgency 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 v,ell in accordance with 780 CMR 5310.2. 90 Freeman Road Page 2 Notice of Violation 90 Freeman Road Page 3 Notice of Violation 780 CMR 5310.1.1 Minbnum Opening Area All emergency escape and rescue openings shall have a minimum net clear opening of 5.7 squarefeet (0.530 mz). Exceptions: l. Grade fToor openings shall have a minirnum net clear opening offive square feet (0.465 m2). 2. Doubte hung windows usedfor ernergency escape shall be permitted to have a net clear opening of 3.3 square feet (0.j1 m) provided that at lea.st one operable sash meets the minimum height and width required by 780 CMR 5310.1.2 ant 5310.1.j 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 Widlh. The minimum net clear opening width shall be 24 inches (610 mm). 780 CMR 9304.8 Smoke Heat Detection and Catbon Monoride 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 53I3, 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 dwetling 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 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 wo-family dwelling, d one or more sleeping rooms are added or created in only one of the nvo dwelling units, the dwelling unit acquiring new sleeping rooms shall be provided with smoke detectors, hedt detector and carbon monoxide detectors, as applicable, d.esigned, 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 ofthe two dwelling units, the entire building shall be provided with smokc detectors, heat detector and carbon monoxide detectors, as appLicable, designed, located and irctalled in accordance with the provisions for new construclion for two-family buildings. Note: CO detector requirements for existing R-4 uses are also governed by 527 CMR 3 1.00 and 248 CMR. 90 Freeman Road Page 4 Notice of Violation Town of Yarmouth Zoning Bylaw 103,1.1 Comoliance certification. Buildings, stuctures or land may not be erected, substantially altered or changed in use without certification by the Building Inspector that such dction is in compliance with then applicable aoning, or without review by him regarding whethzr all necessary permits have been receivedfrom those governmental agencies frorn 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. The basement bedrooms lack emergency egrress, which is a life-safety hazard. They are in violation of as provisions of 780 CMR and Town of Yarmouth Zoning Bylaw. You are hereby ordered to discontinue the basement bedrooms as sleeping areas immediatety. You are required to apply for all necessary building, electrical, and plumbing permits to cover the non-permitted work in the basement. Permits will also be required for any demolition in the basement. 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:z/.o/. o B Andrew L. Amault, t ocal Building Inspector Date Copy to:Yarmouth Board of Health Yarmouth Fire Department CERTIFIED MAIL 7OO4 25IO UXN 3043 4791