Condo Media - September 2010 - 15

MASSACHUSETTS

by Tony Chiarelli

C A I

Certification of Roof Decks
City of Boston Ordinance
n Mar. 12, 2008, Boston’s Inspectional Services Department (ISD) made effective a bulletin regarding a requirement for the inspection and certification of roof decks. The ordinance regulates the use of roofs as areas of recreation and places of assembly. The policy determines that a “roof deck” shall include a flat roof with no structure, but that is accessible and may be used for recreational purposes, and those areas are required to be certified every five years. There are roof deck areas that are not included in this ordinance such as: owner-occupied one- and two-family dwellings; roof decks accessed through

R e g i o n a l

a single access point within owner-occupied units; and roofs not accessible to tenants or alarmed in accordance with CBC 9-9-13. Existing roof decks that were previously permitted by ISD must comply with the ordinance by June 30 of the following years: Wards 1, 3, 5, 7 and 9, 2009; Wards 2, 4, 6, 8 and 10, 2010; Wards 11-15, 2011; and Wards 16-22, 2012. It requires the property owner to file an affidavit from a Massachusetts registered architect or engineer certifying the roof deck is in compliance with applicable regulations at the time of the original permit issuance. According to the ISD, there are no clear-cut determinations regarding fines

for non-compliance. However, the repercussions that could result should an incident occur regarding a roof deck — such as an accident or abutter complaints regarding noise — may leave a property owner vulnerable to the determinations of ISD. It will probably be less expensive to remain in compliance than to pay the fines and potential legal costs associated with non-compliance. The complete Ordinance and CBC99.13 can be found at www.caine.org/ LegislativeAction/Massachusetts/Mass achusettsLegislativeAction.asp CM Tony Chiarelli is the president/owner of RMX Northeast Inc.

N e w s

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CONDO MEDIA • SEPTEMBER 2010

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Condo Media - September 2010

Table of Contents for the Digital Edition of Condo Media - September 2010