cchan
Member
I know there have been some previous threads about similar issues. I searched them but could not find anything quite the same. Please forgive me if I am rehashing earlier threads and link me to the correct material.
MASS 2009 IBC/IEBC
I have a client who owns both sides of a three story building that has a property line right down the middle of it. It was built as two attached single family houses in 1880. It looks like one big building with a mansard roof. In fact the front vestibule is completely open between the two properties although both sides have separate stairs and separate doors leading to the vestibule and they are separate once you are inside the building. On the right side the upper two floors are residential, now functioning as one unit but they could be two separate units as there are kitchens on each floor. The lower floor is a law office. On the left side the upper two floors are residential as separate apartments. The lower floor has been combined with the adjacent property further to the left to become part of a funeral home. Because of downzoning both properties are probably nonconforming but grandfathered in as is. Our client has all three properties under his control and the two properties in the mansard appear to have identical ownership.
The Owner would like to add door in the brick party wall on the property line that runs down the middle of the Mansard structure. This will allow him to get a stair from the second floor apartment on the right side down into the back of the garage at ground level of the neighboring funeral home property on the left side. The right side property has no off street parking so the new stair and door into the garage will be a real convenience.
The IBC specifically prohibits openings in party walls which are walls on lot lines. The code concept is to prevent the spread of fire from one building to another. Would you allow the door if it was a fire rated door with closer and smoke detectors on both sides? In a way I would be making the building safer as it would add second means of egress for the second floor apartment (it has one stair and a fire escape now). And the existing party wall is not a true party/fire wall by current code standards anyway (vestibule issue, wall does not extend above the roof, etc.).
Would you make the Owner merge the lots so the property line disappears? Or sign some kind document linking the properties so they can’t be sold separately?
All thoughts appreiciated.
MASS 2009 IBC/IEBC
I have a client who owns both sides of a three story building that has a property line right down the middle of it. It was built as two attached single family houses in 1880. It looks like one big building with a mansard roof. In fact the front vestibule is completely open between the two properties although both sides have separate stairs and separate doors leading to the vestibule and they are separate once you are inside the building. On the right side the upper two floors are residential, now functioning as one unit but they could be two separate units as there are kitchens on each floor. The lower floor is a law office. On the left side the upper two floors are residential as separate apartments. The lower floor has been combined with the adjacent property further to the left to become part of a funeral home. Because of downzoning both properties are probably nonconforming but grandfathered in as is. Our client has all three properties under his control and the two properties in the mansard appear to have identical ownership.
The Owner would like to add door in the brick party wall on the property line that runs down the middle of the Mansard structure. This will allow him to get a stair from the second floor apartment on the right side down into the back of the garage at ground level of the neighboring funeral home property on the left side. The right side property has no off street parking so the new stair and door into the garage will be a real convenience.
The IBC specifically prohibits openings in party walls which are walls on lot lines. The code concept is to prevent the spread of fire from one building to another. Would you allow the door if it was a fire rated door with closer and smoke detectors on both sides? In a way I would be making the building safer as it would add second means of egress for the second floor apartment (it has one stair and a fire escape now). And the existing party wall is not a true party/fire wall by current code standards anyway (vestibule issue, wall does not extend above the roof, etc.).
Would you make the Owner merge the lots so the property line disappears? Or sign some kind document linking the properties so they can’t be sold separately?
All thoughts appreiciated.
