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Seeking Clarification on R310.6

M

misterflippers

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Joined
Apr 13, 2019
Messages
13
Location
Massachusetts
I live in MA, and I have recently run into problems with the building inspector and my basement which I finished without a permit. (Yes, I know, shame on me, but I was young, dumb, didn't think I needed one, etc) The basement was empty when I purchased my condo. Concrete walls, concrete floor, and two windows which measure 12"Hx32"W each.

The inspector stated that I needed to submit an application for a building permit, and then bring the basement up to current code. The inspector states that the plan submitted does not conform to building code because of R310.1, stating that I need an emergency egress in any basement, despite creating NO sleeping rooms. I created a wet bar, a home theater and a play space (that was intended for a pool table that I never actually got). All of these are one single room. No bedroom. No sleeping space.

For reference, the current code as of 2019 from https://up.codes/viewer/massachusetts/irc-2015/chapter/3/building-planning#R310:

R310.1 Emergency Escape and Rescue Opening Required

Basements, habitable attics and every sleeping room shall have not less than one operable emergency escape and rescue opening. Where basements contain one or more sleeping rooms, an emergency escape and rescue opening shall be required in each sleeping room. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court that opens to a public way.
​
So, I asked him why R310.6 does not apply to my situation. Reference of the text for R310.6:

R310.6 Alterations or Repairs of Existing Basements

An emergency escape and rescue opening is not required where existing basements undergo alterations or repairs.

Exception: New sleeping rooms created in an existing basement shall be provided with emergency escape and rescue openings in accordance with Section R310.1.
​
His response was that "if you built a finished basement in the 1950's, and then wanted to remodel it, we're not going to make you suddenly need an egress. It does not apply when going from uninhabitable to habitable space."

Since then, I have been trying to find commentary, discussion, or clarification on this.

Within the IRC, the term basement is defined as any story below grade. It says NOTHING about habitable space, finished, or otherwise. I have checked the amendments for MA, and MA does not amend R310.1 or R310.6 in any way from the IRC.

So, if I am reading R310.6, alteration to an existing basement, which is any story below grade, finished or unfinished, is exempt from this requirement unless you add a bedroom.

Is there any sort of clarification or commentary on this anywhere? Otherwise, I feel like this interpretation is unfair (currently to the tune of about $25,000).
 
[RB]ALTERATION. Any construction, retrofit or renovation to an existing structure other than repair or addition that requires a permit. Also, a change in a building, electrical, gas, mechanical or plumbing system that involves an extension, addition or change to the arrangement, type or purpose of the original installation that requires a permit.
 
Last edited:
cda said:
R310.6 Alterations or Repairs of Existing Basements

An emergency escape and rescue opening is not required where existing basements undergo alterations or repairs.


Interesting will have to look at that.


Is this a one horse town or does the inspector have a boss ??
Click to expand...

As far as the town is concerned, he is the head guy. However, I can go to the state, or possibly file an appeal to the state.

However, in his rejection of my application, he only cited that I didn't comply with R310.1. He did not cite in writing that R310.6 did not apply. He only stated it verbally.
 
cda said:
Welcome

Inspectors are not problems
Click to expand...

Well, to be clear, the concept of a building inspector is not a problem. I have a problem with this specific inspector. From the brief research I've done, as well as contractors I have interviewed, I am not alone.

One contractor I spoke to said he refuses jobs in my town because of this particular inspector, and could not refer me to anyone he knew, because he knew they refuse to work in this town.

My wife and I want to sell our condo. We already have a buyer and an offer, but the inspector is demanding that I bring the basement to code, or demolish it. Insulating the walls, even installing an ERV vent, I can understand and accept. However, demanding I cut a hole in the side of my condo when the letter of the book seems to state that I do not..

There is one more important point of data I forgot to share.

There are six units in my building. Another unit in my building has a finished basement, which I know because it recently went up for sale. It does NOT have an emergency egress. I know it was done with a permit, because I asked to inspector about it. That basement has the same two windows that my basement has.

However, he said the building code changed in 2015 such that in the MA Eighth Edition of the IRC (under which their permit was filed), the basement did not require an egress, to now where such a basement would require an egress. However, I cannot seem to find the change in the building code which supports this statement. It seems R310.1 did not change in wording from the 2009 version, as far as I can tell, nor did the definition of "basement" or "story below grade". I am still researching information on past versions of the Mass Building code to see when this code may or may not have changed.
 
There should be an appeal process

Might as well use it, depending on the answers you get here
 
780 CMR (Ninth Edition - Residential only)
(Massachusetts Amendments)
Ninth Edition of the Massachusetts State Building Code - Residential version which is comprised of the Massachusetts amendments to the International Residential Code 2015. (Effective 10/20/17) DOES NOT INCLUDE BASIC/COMMERCIAL CODE! $8.00

*The State Bookstore only sells the Massachusetts amendments.

The IRC 2015 code can be purchased directly from the International Code Council's website.
 
cda said:
Massachusetts

May have state wide adopted code??

Possibly a city can make it tougher ?

Make sure you are reading the adopted code
Click to expand...

The adopted code for MA is the 2015 Edition of the CMR, with MA amendments. MA does not make any changes to R310.1 or R310.6, and so they stand as written in the IRC. I know the R310.6 clause is adopted by the state, because when I asked him about it, it was contained within the 9th Edition printed copy that was on his desk.
 
A little more research shows R310.1 changed from the 2003 Edition of the IRC to the 2006 Edition, in which the wording changed from:

R310.1 Emergency escape and rescue required. Basements with habitable space ....

to

R310.1 Emergency escape and rescue required. Basements, habitable attics, and all sleeping rooms ...


Source: https://www.mass.gov/service-details/dates-and-editions-of-massachusetts-building-code-780-cmr
The Seventh Edition of the Building code in MA used the 2003 Edition of the IRC, and took effect January 1, 2008.
The Eighth Edition of the Building code in MA used the 2009 Edition of the IRC, and took effect February 4, 2011.
The Ninth Edition of the Building Code in MA used the 2015 Edition of the IRC, and took effect January 1 2018

((Saving this information for later use, but something smells fishy here...))
 
Anything prior to January 1, 2008 would not require an egress, as the prior edition (Sixth Edition) does not have any clause for emergency rescue and egress that I can find.
 
When did you do the unpermitted basement finish; in the, 7, 8 or 9th edition of the Mass code?

code edition linked here

The code in play a the time of the work is what rules in my opinion.

You could contact the State inspector that covers that town, the State inspector should contact the Local Offical and see what his take on the issue is, then some resloution maybe had.

Or have the inspector write a specific denial and appeal it to the Appeal Board form linked here
 
TheCommish said:
When did you do the unpermitted basement finish; in the, 7, 8 or 9th edition of the Mass code?

code edition linked here

The code in play a the time of the work is what rules in my opinion.

You could contact the State inspector that covers that town, the State inspector should contact the Local Offical and see what his take on the issue is, then some resloution maybe had.

Or have the inspector write a specific denial and appeal it to the Appeal Board form linked here
Click to expand...

It would have been the 8th Edition, as it was finished 2012-2013, so the wording would not have been any different. He wrote a specific denial, but only cited R310.1, and only making a verbal ruling on R310.6 before telling me "I think that's all I can do for you. I recommend you speak to an attorney", effectively asking me to leave.

I have the appeal forms, but until now I didn't know exactly what to appeal. I think I do now.

My first step is to contact the Office of Public Safety and Inspection, and try to get in touch with the Board of Building Regulation and Standards to see if I can have state inspector overrule the local inspector, or appeal the decision.
 
misterflippers said:
As far as the town is concerned, he is the head guy. However, I can go to the state, or possibly file an appeal to the state.

However, in his rejection of my application, he only cited that I didn't comply with R310.1. He did not cite in writing that R310.6 did not apply. He only stated it verbally.
Click to expand...
You do comply with R310.1 based on my reading. The inspector might be the head guy, but he still has a boss. If that is unfruitful, time for an appeal. You might want someone with some level of certification in interpretation of the building code on your side for this.
 
misterflippers said:
Well, that's what I am contesting, but it is not what the building inspector is saying.
Click to expand...


So you have gone through the permit application once??

And he rejected it??

If so seems like apply again and cite 310.6 and include all the wording

Than see what happens.

This is kind of the normal process before an appeal.
 
Aren't you missing a bigger issue, as a condo with a board and CC & R's, what was the basement represented as at time of purchase?
Did you use a home inspector prior to the purchase?
Wouldn't any remodeling require board approval?
Who does the inspector report to?
Is this in a city or an unincorporated area of a county?
 
cda said:
So you have gone through the permit application once??

And he rejected it??

If so seems like apply again and cite 310.6 and include all the wording

Than see what happens.

This is kind of the normal process before an appeal.
Click to expand...

Following his letter to me stating that I needed to come to his office to resolve the issue, I applied for a permit. He rejected the permit with a rejection letter which cites only R310.1. I do not have an egress in the basement, which is correct. However, with R310.6 it seems like I shouldn't be required to add one for alterations to an existing basement.

My current course of action is to wait until tomorrow (gov't offices closed on the holiday today) and ask. I would expect them to tell me the clarification of R310.6 and either tell me they can overrule him, tell me to appeal, or tell me I don't have a case.
 
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