COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, ss. BUILDING CODE APPEALS BOARD DOCKET NO. 11-1078

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Department of Conservation and )

Recreation (Commonwealth of )

Massachusetts), )

Appellant )

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v. )

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Department of Public Safety )

(Commonwealth of Massachusetts, )

Appellee )

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BOARD’S DECISION ON APPEAL

Introduction

This matter came before the State Building Code Appeals Board (“Board”) on Appellant’s appeal application filed pursuant to G.L. c.143, §100 and 780 CMR 122.1 (“Application”). Appellant sought clarification of/variance from the requirements of 780 CMR 1008.1.2 with respect to the Andrew J. Petro Pool facility located in Southbridge, MA.

Procedural History

On or about December 6, 2011, a State Building Inspector issued the following decision:

The plans for the [Southbridge Petro Pool] project indicate that the overhead coiling doors are the sole access and egress from the men’s and women’s bath house space and therefore not in compliance with 780 CMR 8th ed. Section 1008.1.2 Door Swing or any of the 9 Exceptions. Please provide compliant access and egress doors for the men’s and women’s bath house space as required by the Mass State Building Code 8th ed.

The Board convened a public hearing on December 20, 2011, in accordance with G.L.c. 30A, §§10 11; G.L.c. 143, §100; 801 CMR 1.02; and 780 CMR 122.3. All interested parties were provided an opportunity to testify and present evidence to the Board.

Discussion

The Board considered that the doors in question would function as security doors in that they would remain open during all hours of operation, and would be closed when the pool facility was not in operation/when the facility was closed to the public. Further, the project called for the replacement of existing coiling doors.

Conclusion

The Board considered a motion to allow the doors to be used as security doors, based on the above discussed factors (“Motion”). The Motion was approved by unanimous vote.

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H. Jacob Nunnemacher Douglas Semple, Chair Alexander MacLeod

Any person aggrieved by a decision of the State Building Code Appeals Board may appeal to Superior Court in accordance with G.L. c.30A, §14 within 30 days of receipt of this decision.

DATED: February 7, 2012

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