"Apartment House" Entrance Door Security

[LGreene]

In Massachusetts, we have a state law which requires certain apartment houses (this term is used in the law) to have access control on the main entrance door to the building, and this requirement is a state modification to the IBC, included in the Mass State Building Code - 780 CMR. I have been asked whether this law applies to condominium buildings or just apartments, and I don't know the answer. In the IBC, apartments and condos would both be Group R-2, and the Commentary says this:

"Individual dwelling units in Group R-2 are either rented by tenants or owned by the occupants. The code does not make a distinction between either type of tenancy. Residential condominiums are treated in the code the same as Group R-2 apartments. Such condominiums are based on shared ownership of a building and related facilities."

This is the Mass Law (MGL Chapter 143, Section 3R):

"Section 3R. At least one of the doors of the main common entryway into every apartment house having more than three apartments shall be so designed or equipped as to close and lock automatically with a lock, including a lock with an electrically-operated striker mechanism, a self-closing door and associated equipment, and such lock, door or equipment shall be of a type approved by the state board of building regulations and standards. Every door of the main common entryway and every exterior door into every such apartment house, other than the door of such main common entryway which is equipped as provided in the preceding sentence, shall be equipped with a lock of a type approved by said state board of building regulations and standards; provided, however, that the said board may, in writing, waive any of the requirements of this section in appropriate cases in which, in its opinion, other security measures are in force which adequately protect the residents of such apartment house. Whoever, being in control of such premises, willfully and knowingly violates the provisions of this section shall be punished by a fine of not more than five hundred dollars.

This section shall not apply to lodging houses, as defined in section twenty-two of chapter one hundred and forty, dormitories of charitable, educational or philanthropic institutions, or projects of housing authorities, as defined in chapter one hundred and twenty-one B."

What do you think? Would this apply to a condo building, or would it be specific to apartments?

 

[Gregg Harris]

I would say that it applies.

 

[cda]

Would say No

It states "apartment"

Which I take as mainly rental units vs condo which could be mix of owner/rental

 

[cda]

If you use R-2

Than you need to include:::

Apartment houses

Boarding houses (nontransient) with more than 16 occupants

Congregate living facilities (nontransient) with more than 16 occupants

Convents

Dormitories

Fraternities and sororities

Hotels (nontransient)

Live/work units

Monasteries

Motels (nontransient)

Vacation timeshare properties

 

[LGreene]

If you use R-2Than you need to include:::

Apartment houses

Boarding houses (nontransient) with more than 16 occupants

Congregate living facilities (nontransient) with more than 16 occupants

Convents

Dormitories

Fraternities and sororities

Hotels (nontransient)

Live/work units

Monasteries

Motels (nontransient)

Vacation timeshare properties

True, but condos aren't on this list...does that make "condo" synonymous with "apartment house", and allow the exclusion of the other R-2 occupancies?

 

[Paul Sweet]

Check whether "apartment" is defined in the state code.

 

[cda]

Check whether "apartment" is defined in the state code.

Agree

And the black and white only includes Apartments

 

[cda]

True, but condos aren't on this list...does that make "condo" synonymous with "apartment house", and allow the exclusion of the other R-2 occupancies?

The law does not reference ibc ? Or does it ?

 

[Gregg Harris]

The standards apply to every owner-occupied or rented dwelling, dwelling unit, mobile dwelling unit or rooming house unit in Massachusetts which is used for living, sleeping, cooking and eating. Dwelling unit shall also mean a condominium unit. These regulations have the force of law. Local boards of health have the primary responsibility for their enforcement.

 

[cda]

The standards apply to every owner-occupied or rented dwelling, dwelling unit, mobile dwelling unit or rooming house unit in Massachusetts which is used for living, sleeping, cooking and eating. Dwelling unit shall also mean a condominium unit. These regulations have the force of law. Local boards of health have the primary responsibility for their enforcement.

Ok where did that come from?

 

[cda]

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter143/Section3r

Look at the title of chapter 143!!!!!

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter143

I think it only applies to apartments with three or more units

At least one of the doors of the main common entryway into every apartment house having more than three apartments

But what do you do if there is not main entrnace???

 

[cda]

Massachusetts General Law References

The following statutes are set out here for ease of reference to users of the Massachusetts State Building Code (780 CMR). These Massachusetts General Laws are not incorporated as part of the Building Code itself though they may be referenced therein. Though this summary is not exhaustive, it encompasses the most frequently referenced statutes relative to the construction, maintenance, and renovation of structures governed by the Building Code. The statutes are grouped in the following categories:

I. The development, enforcement, and interpretation of the State Building Code

II. Other obligations of a Building Official

III. Unsafe structures and demolition orders

IV. Acceptance of building plans, architects, and engineers

V. Fire safety, sprinklering, and electrical wiring

VI. Zoning, and Building & use group specific laws

In order to access the full text of these and other statutes click on the following

link Link to MA General Laws and enter chapter and section.

Listed below are the Chapters and Sections with brief descriptions.

I. The development, enforcement, and interpretation of the State Building Code

Chapter 143: Section 1. Definitions

Chapter 143: Section 3. Inspector of buildings or building commissioner; local inspectors; employment and designation; qualifications; city or town without local inspectors

Chapter 143: Section 3A. Enforcement of state building code

Chapter 143: Section 3X. Building permits for ten or more residential units; notice to local postmaster

Chapter 143: Section 3Z. Part time inspector of buildings, building commissioner, local inspector, or alternate inspector; other employment

Chapter 143: Section 50. Hindering commissioner, chief of inspection or inspectors or local inspectors from entering building or enclosure

Chapter 143: Section 51. Liability for violation of statutes; criminal prosecution; notice to firm or corporation

Chapter 143: Section 57. Restraint of construction, alteration or use of structure

Chapter 143: Section 58. Jurisdiction of prosecutions and proceedings at law

Chapter 143: Section 59. Enforcement of statutes and orders

Chapter 143: Section 60. Restraint of use of structure; removal; presumption as to act without license or authority

Chapter 143: Section 92. State building code, rules and regulations or amendments thereof; retroactive effect precluded

Chapter 143: Section 93. State board of building regulations and standards; establishment

Chapter 143: Section 94. Powers and duties

Chapter 143: Section 95. General objectives

Chapter 143: Section 96. Specialized codes, rules or regulations

Chapter 143: Section 97. Amendments to state building code

Chapter 143: Section 98. Rules and regulations imposing more restrictive standards

Chapter 143: Section 99. Continuing educational program of instruction

Chapter 143: Section 100. Building code appeals board

Chapter 10: Section 74. Alcoholic beverage license applicants and licensees; building safety certificate of inspection

II. Other obligations of a Building Official

Chapter 22: Section 13A. Architectural access board; members; terms; rules and regulations; penalties; review; definitions

Chapter 143: Section 3R. Apartment houses; exterior doors and locks

Chapter 143: Section 3W. Conformance of plans and specifications for erection or alteration of public buildings to rules and regulations of board to facilitate use by the physically handicapped as requirement for issuance of certificate of approval

Chapter 143: Section 3X. Building permits for ten or more residential units; notice to local postmaster

Chapter 143: Section 3Z. Part time inspector of buildings, building commissioner, local inspector, or alternate inspector; other employment

Chapter 143: Section 21D. Auxiliary emergency lighting systems; exit signs; rules and regulations

Chapter 143: Section 32. Fire escapes for schoolhouses

Chapter 143: Section 50. Hindering commissioner, chief of inspection or inspectors or local inspectors from entering building or enclosure

Chapter 143: Section 51. Liability for violation of statutes; criminal prosecution; notice to firm or corporation

Chapter 143: Section 54A. Acceptance or approval of construction plans or specifications; seal of architect or professional engineer

Chapter 143: Section 61. Notice to assessors of building permits

Chapter 152: Section 25C. Failure to provide for payment of compensation; stop work orders; penalties; liens; actions brought by losing bidders

Chapter 40: Section 54. Availability of water supply; disposal of debris

Chapter 40: Section 54A. State consent to issuance of permits to purchaser required; damages in absence thereof

III. Unsafe structures and demolition orders

Chapter 143: Section 6. Local inspector; duties

Chapter 143: Section 7. Removal or making structure safe; putting up fence

Chapter 143: Section 8. Failure to remove or make structure safe; survey board; survey; report

Chapter 143: Section 9. Dangerous or abandoned structures removed or made safe by local inspector; costs; penalty; use of structure

Chapter 143: Section 10. Remedy of person ordered to remove a dangerous structure or make it safe

Chapter 139: Section 2. Appeal to superior court; trial by jury; costs

Chapter 143: Section 12. Restraint of construction, repair, or use of a structure; order for removal

Chapter 143: Section 13. Inspection by inspector of department of public safety

Chapter 143: Section 14. Dangerous structures removed or rendered safe

IV. Acceptance of building plans, architects, and engineers

Chapter 143: Section 54A. Acceptance or approval of construction plans or specifications; s Chapter 112: Section 60L. Services in practice of architecture; plans and specifications; registered professional engineer; employees; landscape architects; partnership or corporation; non-resident architects

Chapter 112: Section 81R. Construction

V. Fire safety, sprinklering, and electrical wiring

Chapter 148: Section 10A. Heads of fire departments; permits; inspections; records; fees; list of fire department heads

Chapter 148: Section 26A. Automatic sprinklers in high rise buildings; enforcement; appeals

Chapter 148: Section 26A1/2. Automatic sprinklers in older high rise buildings; enforcement; installation schedule

Chapter 148: Section 26B. Automatic fire warning and smoke detection systems in certain buildings; enforcement; appeals

Chapter 148: Section 26E. Residential buildings or structures; installation of smoke detectors

Chapter 148: Section 26F1/2. Carbon monoxide alarms required in certain residential structures; regulation; inspections; enforcement

Chapter 148: Section 26G. Nonresidential buildings or additions; automatic suppressant or sprinkler systems

Chapter 148: Section 26G1/2. Nightclubs, dance halls, discotheques, bars; adequate system of automatic sprinklers

Chapter 148: Section 26H. Lodging or boarding houses; automatic sprinkler systems

Chapter 148: Section 26I. Multiple dwelling units; new construction; automatic sprinkler systems

Chapter 148: Section 27A. Shutting off, disconnection, obstruction, removal or destruction, of fire protection devices; permit; report; violation of statute; enforcement

Chapter 143: Section 3L. Regulations relative to electrical wiring and fixtures; notice of electrical installation

Chapter 143: Section 3P. Appeal to board of electricians’ appeals; judicial review

VI. Zoning, and Building & use group specific laws

Chapter 40A: Section 3. Subjects which zoning may not regulate; exemptions; public hearings; temporary manufactured home residences

Chapter 40A: Section 7. Enforcement of zoning regulations; violations; penalties; jurisdiction of superior court

Chapter 143: Section 3R. Apartment houses; exterior doors and locks

Chapter 143: Section 32. Fire escapes for schoolhouses

Chapter 143: Section 21D. Auxiliary emergency lighting systems; exit signs; rules and regulations

Chapter 90: Section 35B. Structures within airport approaches; permits for erection or addition

 

[cda]

1008.1.9.11 Add subsection:

1008.1.9.11 Exterior Doors and Locks to Apartment Houses. In accordance with

M.G.L. c. 143, § 3R, at least one of the doors of the main common entryway into every

apartment house having more than three apartments shall be designed or equipped as to close

automatically and lock automatically with a lock, including a lock with an electrically-operated

striker mechanism, a self-closing door and associated equipment. Such associated equipment

shall include an intercom system tied independently to each apartment and where from each

apartment the electrically operated striker mechanism can be released; additionally, where the

number of apartments in a given building, irrespective of fire/party wall separation, is ten or

more apartments, a closed circuit security camera system shall also be incorporated in such

manner that from each apartment, apartment occupants can utilize their personal television sets

to observe who is seeking entrance to the building. The intercom and closed circuit security

camera systems shall be designed and listed for the weather and temperature conditions to which

they will be exposed.

Exception. Lodging houses defined in M.G.L. c. 140, § 22: dormitories of charitable,

educational or philanthropic institutions; or projects of housing authorities, as defined in

M.G.L. c. 121B.

http://www.mass.gov/eopss/docs/dps/8th-edition/10-means-of-egress.pdf

Still thinking Apartments Only!!

 

[LGreene]

Check whether "apartment" is defined in the state code.

I did. The text from this law has been inserted into the Mass State Building Code as a modification to the 2009 IBC. I checked the Massachusetts modifications for the Definitions chapter (http://www.mass.gov/eopss/docs/dps/8th-edition/2-definitions.pdf) and there is no definition of apartment or apartment house. There is no definition of apartment or apartment house in the IBC, but in the Commentary it says this under the definition for dwelling unit:

"...A building containing three or more dwelling units is regulated as a Group R-2 occupancy. The most common term used for such a building is an apartment house or condominium..."

 

[LGreene]

The law does not reference ibc ? Or does it ?

The text of the law has been inserted as a modification to the 2009 IBC, in the Massachusetts State Building Code.

 

[LGreene]

I think it only applies to apartments with three or more unitsAt least one of the doors of the main common entryway into every apartment house having more than three apartments

But what do you do if there is not main entrance???

Yes, it applies to apartment houses with more than 3 units. The condo building in question has 4 units. If there is no main entrance, for example, if you had 4 apartments/condos with separate entrances from the exterior, this wouldn't apply in my opinion. You don't need to "buzz someone in" to your individual unit.

 

[steveray]

I would go with more than 3 units with common entrance....period....doesn't matter what you call them...

 

[LGreene]

The standards apply to every owner-occupied or rented dwelling, dwelling unit, mobile dwelling unit or rooming house unit in Massachusetts which is used for living, sleeping, cooking and eating. Dwelling unit shall also mean a condominium unit. These regulations have the force of law. Local boards of health have the primary responsibility for their enforcement.

This gets us close - thanks Gregg! It's from the Massachusetts DPH Code on Safe and Sanitary Housing (http://www.sec.state.ma.us/cis/cissfsn/sfsnidx.htm). The funny thing is, it doesn't talk about the access control law in the security section. It just says the main entrance has to close and lock, and the dwelling unit entrance doors have to be lockable.

Security

All dwellings must be secured against unlawful entry. [410.480(A)]

Entry doors to the dwelling and the dwelling unit and every opening exterior window of a dwelling must be secured against unlawful entry and fitted with a functioning locking devise. [410.480(B),(D)&(E)]

The main entry door of a dwelling with three or more dwelling units must be equipped to close and lock automatically. Every door of the main common entryway and every exterior door leading into the dwelling other than the door of the main common entryway, which is equipped as described above, must be equipped with an operating lock. [410.480©]

The owner of a dwelling is required to post a notice which is constructed of durable material and which is no smaller than 20 square inches in size listing the owner’s name, address and telephone number if he/she does not live in the dwelling or have a manager living in the dwelling. If the owner is a realty trust or partnership, the name, address and telephone number of the managing trustee or partner must be posted. If the owner is a corporation, the name, address and telephone number of the president of the corporation shall be posted. [410.481]"

 

[cda]

The text of the law has been inserted as a modification to the 2009 IBC, in the Massachusetts State Building Code.

I think it is specific to apartments

Do you know what year it was enacted??

 

[Gregg Harris]

This gets us close - thanks Gregg! It's from the Massachusetts DPH Code on Safe and Sanitary Housing (http://www.sec.state.ma.us/cis/cissfsn/sfsnidx.htm). The funny thing is, it doesn't talk about the access control law in the security section. It just says the main entrance has to close and lock, and the dwelling unit entrance doors have to be lockable.Security

All dwellings must be secured against unlawful entry. [410.480(A)]

Entry doors to the dwelling and the dwelling unit and every opening exterior window of a dwelling must be secured against unlawful entry and fitted with a functioning locking devise. [410.480(B),(D)&(E)]

The main entry door of a dwelling with three or more dwelling units must be equipped to close and lock automatically. Every door of the main common entryway and every exterior door leading into the dwelling other than the door of the main common entryway, which is equipped as described above, must be equipped with an operating lock. [410.480©]

The owner of a dwelling is required to post a notice which is constructed of durable material and which is no smaller than 20 square inches in size listing the owner’s name, address and telephone number if he/she does not live in the dwelling or have a manager living in the dwelling. If the owner is a realty trust or partnership, the name, address and telephone number of the managing trustee or partner must be posted. If the owner is a corporation, the name, address and telephone number of the president of the corporation shall be posted. [410.481]"

It does not state it specifically but if the building has a common entrance to dwellings either rented or owned apartment of condominium I believe it applies.

The term dwelling is synonymous to both apartment and condominium, an individual can own either or rent either.

 

[cda]

It does not state it specifically but if the building has a common entrance to dwellings either rented or owned apartment of condominium I believe it applies.The term dwelling is synonymous to both apartment and condominium, an individual can own either or rent either.

Think you are looking at two different requirements

As with legislation, they do not look how new will impact old legislation

 

[JBI]

This section shall not apply to lodging houses, as defined in section twenty-two of chapter one hundred and forty, dormitories of charitable, educational or philanthropic institutions, or projects of housing authorities, as defined in chapter one hundred and twenty-one B."

Bold underlined portion may lead you to a definitive answer.

As a practical matter 'condominium' is not an occupancy classification. It is a type of ownership and generally irrelevant in the Codes. Regrettably the Mass Legislature clearly does not understand the difference, and has created this problem for you. They are unquestionably R-2 occupancy, but the Law only addresses 'apartment buildings'. Quite the conundrum... would be nice if there were an interpretive body in Mass that could provide a definitive and binding answer.

Let us know how this turns out... my curiosity is peaked.

 

[steveray]

Mass. BBRS should have an answer....

 

[LGreene]

This section shall not apply to lodging houses, as defined in section twenty-two of chapter one hundred and forty, dormitories of charitable, educational or philanthropic institutions, or projects of housing authorities, as defined in chapter one hundred and twenty-one B."Bold underlined portion may lead you to a definitive answer.

Chapter 121B defines housing authority (“Housing authority”, a public body politic and corporate created pursuant to section three or corresponding provisions of earlier laws.) and housing project (“Housing project”, such projects for housing as a housing authority is authorized to undertake under sections twenty-five to thirty-three, inclusive.), but I don't see anything that helps with the apartment vs. condominium question (https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVII/Chapter121B/Section1).