HomeMy WebLinkAbout2015 May 21 - Building Dept. Notice of Violation r
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� �$oF•Y.9,Q,�� TOWN OF YARMOUTH
° BUILDING DEPARTMENT
���3,G;�� 1146 Route 28, South Yarmouth,MA 02664 508-398-2231 ext. 1260
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NOTICE OF VIOLATION I°it:�; `L + 2815
Inspection Date: May 18,2015 HEALTH DEPT.
Date of Notice: May 21,2015
Inspection Type: 780 CNIIt(MA State Building Code),Town of Yarmouth Zoning Bylaw
Property Address: 12 Sierra Way,South Yarmouth,MA 02664
Owner's Name: Jo6n F. McAndrews,Beverly A. McAndrews
Maiting Address: 12 Sierra Way,South Yarmouth,MA 02664
On May 18,2015,I inspected the basement ofyour house at 12 Sierra Way,South Yarmouth,MA 02664, ,
on the basis of a notification from the Yarmouth Health Department. During the inspection,I did observe a '
finished apartment in the basement, including two sleeping rooms, full bathroom, full kitchen (including
cooking appliances),a sitting room,and a bullchead. Building Permit B-03-i I51 covers renovations of an
unfinished basement into a playroom and full bathroom only. '
The basement sleeping rooms each have one small casement window. The bulkhead opens
into the smaller sleeping room, but the larger sleeping room, which appears to be the
primary bedroom, has no emergency escape. The glazing in the basement is probably ',
ivadequate for habitable use. There is just one(non-functioning) smoke detector in the '
basement, at the opposite end of the aparhnent from the sleeping spaces. No building, ',
plumbing/gas or electrical permits have been issued for the conversion of the open '
playroom space(as depicted on the permit drawings for Building Permit B-03-1151)into a
separate basement apartment. The house has been converted from single-family into a i
two-family dwelling. ;
Please be advised of the following 780 CMR(MA State Building Code)and Town of Yannouth Zoning i
Bylaw violations: ,
780 CMR (MA State Buildin¢Code) RI05.1 ReouirerG It shall be unlawfud to construct, i
reconstruct, adter, repair, remove or demolish a buidding or structure; or to change the
use or occupancy of a buidding or structure; or to instald or alter any equipment for which �
provision is made or the installation of which is reguladed by this code without first fiding '
a written application with the buidding official and obtaining the required permit.
780 CMR RII0.2 Altered Buildines or Structures. A building or structure, in whole or
in part, altered to change from one use group to another; to a different use within the ;
same use group; the maximum live doad capacity; or the occupancy doad capacity shald
not be occupied or used until a certiftcate has been fssued certifying that the work has
been completed in accordance with the provisions of the approved permits and appdicable
codes. '
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12 Sierra Way Notice of Violation Page 2
780 CMR SECTIONR303 LIGHT. VENTILATIONAND HEATING
R303.1 Habitable rooms. All habitable rooms shall have an aggregate glazing area of not less
than 8 percent of the floor area of such rooms. Natural ventiladion shadl be through windows,
doors, louvers or other approved openings to the outdoor air. Such opendngs shall be provided
with ready access or shadl otherwise be readily controdlabde by the building occupants.
The minimum openable area to the outdoors shald be 4 percent of the floor area being ventilated.
Exceptions:
1. The glazed areas need not be openable where the opening is not required by Section R310 and
an approved mechanical veniilation system capable of producing 0.35 air change per hour in the
room is installed or a whode-house mechanicad ventilation system is installed capable of ,
supplying outdoor ventilation air of I S cubfc feet per minute (cfm) (78 L/s)per occupant '
computed on the basis of iwo occupants for the first bedroom and one occupant for each
additional bedroom.
2. The glazed areas need not be instadded in rooms where Exception 1 above is satisfied and
artifzciad dight is provided capable of producing an average illumination of 6 footcandles (651ux) ',
over the area of ihe room at a height of 30 inches (762 mm) above the floor level.
3. Use of sunroom additions and patio covers, as defined in Section R202 shald be permitted for
natural ventilation if in excess of 40 percent of the exterior sunroom walls are open, or are
enclosed only by insect screening. '
780 CMR SECTIONR310 EMERGENCYESCAPEAND RESCUE OPENINGS
R3IO.l Emergency escape and rescue required. Basements, habitabde attics and every sleeping
room shald have at least one operable emergency escape and rescue opening. Where basements ,
contain one or more sleeping rooms, emergency egress and rescue openings shadl be required in '
each sleeping room. 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 threshodd 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
Section R310.3. The net clear opening dimensions required by this section shall be obtained by
the normal operation of the emergency escape and rescue opening from the inside. Emergency
escape and rescue openings with a fanished sill height below the adjacent ground elevation shald
be provided with a window weld in accordance with Section R310.2. Emergency escape and '
rescue openings shall open directly into a public way, or to a yard or court that opens to a public
way. '
Exception:Basements used only to house mechanical equipment and not exceeding total floor i,
area of 200 square feet(18.58 mz). �
12 Sierra Way Notice of Violation Page 3
R310.1.1 Minimum opening area.All emergency escape and rescue openings shadl have a
minimum net clear o enin o 5.7 s uare eet 0:530 mZ .
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Exception: Grade floor openings shall have a minimum net cdear opening of 5 square feet(0.465
m1).
R310.I.2 Minimum opening height. The minimum net clear opening height shall be 24 inches
(610 mm). �
R310.1.3 Minimum opening width. The minimum net clear opening width shall be 20 inches
(508 mm).
R310.1.4 Operational constraints. Emergency escape and rescue openings shall be operational
from the inside of the room without the use of keys, toods or special knowledge.
780 CMR SECTION R314 SMO%E ALARMS
R314.3 Location. Smoke alarms shall be installed in the following locations:
1. In each sleeping room. '
2.. Outside each separate sleeping area in the immediate vicinity of the bedrooms.
3. On each additional story of the dwelling, incduding basements and habitable attics but not
including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and
without an intervening door beriveen the adjacent levels, a smoke alarm installed on the upper level
shall suffice for the adjacent lower level provided that the lower level is less than one full story
below the upper level. When more than one smoke alarm is required to be installed within an
individual dwelling unit the alarm devices shall be interconnected in such a manner that the
actuation of one a[arm will activate all of the alarms in the individual unit.
4. Near the base of a11 stairs where such stairs lead to another occupied floor.
5. For each 1,200 square feet ofarea or part thereof
R314.3.1 Alterations, repairs and additions. When alterations, repairs or additions requiring a
permit occur, or when one or more sleeping rooms are added or created in existing dwellings, the
individual dwel[ing unit shall be eguipped with smoke alarms located as required far new dwellings.
Exceptions:
1. Work involving the exterior surfaces of dwellings, such as the replacement of rooftng or siding, or ;
the addition or replacement of windows or doors, or the addition of a porch or deck, are exempt �
from the requirements of this secrion.
2. Installation, adteration or repairs ofp[umbing or mechanical systems are exempt from the ',
requirements of this sectfon.
12 Sierra Wav Notice of Violation Pa2e 4
780 CMR SECTIONR113 VIOLATIONS
R113.1 Unlawfu[acts. It shall be unlawful for any person,firm or corporation to erect,
construct, alter, extend, repair, move, remove, demolish, change the use or occupy any
buaddfng, structure or equipment regulated by this code, or cause same to be done, in conflict
with or in violadion of any of the provisions of this code.
R113.2 Notice of Volation. The building official is authorized to serve a notice of violation or
order on the person responsible for the erection, construction, alteration, extension, repair,
movfng, removal, demolition, or change the use or occupancy of a building or structure in
violation of the provisfons of this code, or in violation of a detail statement or a plan approved
thereunder, or in violation of a detaid statement or a plan approved thereunder, or in violation
of a permit or certfficate issued under the provisions of this code. Such order shald direct the
discontinuance of the illegal action or condition and the abatement of the viodation.
780 CMR ffi13.3 Enforcement. Violations to this code shall be enforced in accordance with the
applicable provisions ofM.G.L. c.143 Sect. 6 through 10 and Sect. 94, M.G.L. c. 148, and M.G.L. c.
148A, and any other applicable state law.
780 CMR RI13.4 V'wlation penakies. Any person who vio[ates a provision of this code or fails to
comply with any of the requirements thereof or who erects, consri-ucts, alters, makes a change of use or
repairs a building or sbucture in violation of the approved constructian documents or directive of the ',
building o�cial, or of a permit or certificate issued under the provisions of this code, shall be subject to
penalties as prescribed by law.
TOWNOF YARMOUTHZONING BYLAW I03.1.1 Comnliance 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 ofa building permit or certificate of
use and occupancy, where required under the Commonwealth ofMassachusetts State Building Code, may ,
serve as such certif:cation.
TOWN OF YARMOUTH ZONING BYLAW 203.5 Table ofDimensional Reauirements.
According to this table, in the R-40 district the minimum lot size is 40,000 square feet. Footnote
C states: "Except for properties to which Section 404 (moteds, multi family housing, etc.) applies,
rivo family dwellings, where allowed, require twice (2 times) the normal minimum lot size of the !
district.
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12 Sierra Way Notice of Violation Page 5
ORDERS AND ABATEMENT
Since the primary basement sleeping room lacks emergency egress,which is a life-safety hazard
and is in violation of provisions of 780 CMR and Town of Yarmouth Zoning Bylaw, you are
hereby ordered to discontinue its use as a sleeping space immediately.
You are required to apply for all necessary building, plumbing/gas and electrical permits to
cover the non-permitted work in the basement. Permits will aLso be required for any demolirion
in the basement.
Please note that the zoning bylaw allows accessory apartments in single-family dwellings,as per the
requirements thereof. Your basement apartment could potentially be reconfigured to meet these
requirements if you choose to do so. Such an action would require relief from the Zoning Boazd of
Appeals.
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, andfor the issuance of any relevant licenses
may be delayed. This order may be monitored in future to ensure compliance.
Signed:
Andrew L. Arnault, Local Building Inspector Date
Copy to: Yarmouth Health Department
Yannouth Fire Department
CERTIFIED MAIL 7013 3020 0001 9180 9206 '