25A-087 (5) City of Northampton
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Massachusetts
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DEPARTMENT OF BUILDING INSPECTIONS r
212 Main Street • Municipal Building
Northampton, MA 01060 )�'
Mr. Peters
58 Coolidge Avenue
Northampton, MA 01060
April 27, 2022
Re: 58 Coolidge Avenue
Northampton, MA
25A-087
Dear Mr. Peters,
We were notified by the Northampton Health Department that the basement apartment at 58
Coolidge Avenue does not have two means of egress that meet building code standards and is
not equipped with smoke and CO detectors. Health Inspector Jasmine Ward and I both
inspected the property on Tuesday April 26, 2022. There are not two means of egress for that
apartment, or smoke and carbon dioxide alarms, as required by the Massachusetts Residential
Code. There are also a number of other code violations including no fire separation between
dwelling units (R302.3), emergency escape opening in the bedroom (R310), and potentially
inadequate natural lighting and ventilation (R303).
It also appears that the basement apartment was constructed without a building permit. We
also have no records of a plumbing or electrical permits. Per section R105.1, work without
permits is a violation of the code.
The basement apartment is unsafe to occupy. The single means of egress, a lack of smoke
and carbon monoxide detectors, and lack any sort of fire separation between the basement
and upstairs living areas make the basement apartment "especially unsafe in case of fire". You
must correct these violations immediately. If the work cannot commence immediately, the
basement apartment shall not be occupied as a dwelling unit.
Please contact the Building Department as soon as possible. If we do not hear from you by
Monday May 2, 2022, by 12 p.m., we will take further action, including but not limited to fines
and enforcement orders. You have the right to appeal this order. See R113.1 below.
Kevin Ross
City of Northampton
Local Inspector
Phone (413) 587-1240
Fax (413) 587-1272
Email kross(a�northamptonma.ciov
cc Northampton Health Department
Sections from 780 CMR 51, Massachusetts Residential Code
R102.6.4 Existing Means of Egress, Lighting and Ventilation. The building
official may cite any of the following conditions in writing as a violation and order
the abatement within a time frame deemed necessary by the building official to make
the building environment safe, healthy, or otherwise comply with 780 CMR:
a. Inadequate number of means of egress;
b. Egress components with insufficient width or so arranged to be inadequate,
including signage and lighting; and
c. Inadequate lighting and ventilation.
R102.8 Maintenance of Existing Buildings and Structures. All buildings and
structures and all parts thereof, both existing and new, and all systems and equipment
therein which are regulated by 780 CMR shall be maintained in a safe, operable and
sanitary condition. All service equipment, means of egress, devices and safeguards
which are required in a building or structure, or which were required by a previous statute
in a building or structure, when erected, altered or repaired, shall be maintained in good
working order.
R105.1 Required. It shall be unlawful to construct, reconstruct, alter, repair, remove or
demolish a building or structure; or to change the use or occupancy of a building or
structure; or to install or alter any equipment for which provision is made or the
installation of which is regulated by 780 CMR without first filing an application with the
building official and obtaining the required permit.
SECTION 114 VIOLATIONS
R114.1 Unlawful Acts. It shall be unlawful for any person, firm or corporation to erect,
construct, alter, extend, repair, move, remove, demolish, occupy or change the use or
occupancy of any building, structure or equipment regulated by 780 CMR, or cause same
to be done, in conflict with or in violation of any of the provisions of 780 CMR.
R114.2 Notice of Violation. The building official is authorized to serve a notice of
violation or order on the person responsible for the erection, construction, alteration,
extension, repair, moving, removal, demolition or occupancy of a building or structure in
violation of the provisions of 780 CMR, or in violation of a permit or certificate issued
under the provisions of 780 CMR. Such order shall direct the discontinuance of the
illegal action or condition and the abatement of the violation.
R311.1 Means of Egress. All dwellings shall be provided with two means of egress as provided
in this section. The means of egress shall provide a continuous and unobstructed path of
vertical and horizontal egress travel from all portions of the dwelling to the exterior of the
dwelling at the required egress doors without requiring travel through a garage. For townhouses
also see the Architectural Access Board's regulations at 521 CMR.
Exception. Egress through the secondary egress door, required in subsection R311.2, may
include travel through a garage provided the garage has an exit door meeting the
requirements of a secondary egress door.
R311.2 Egress Door. At least two egress doors shall be provided for each dwelling unit, remote
as possible from each other, at the normal level of exit.
Exceptions:
1. In multi-level dwellings, including but not limited to townhouses, split-level and
raised ranch style layouts, the two separate egress doors required by R311.2 are permitted
to be located on different levels.
2. Where site topography prevents direct access at two remote locations to grade from
the normal level of entry, the two separate egress doors required by R311.2 are permitted
to be located on different levels. The primary egress door shall be side-hinged, and shall
provide a minimum clear width of 32 inches (813 mm) when measured between the face of the
door and the stop, with the door open 90 degrees (1.57 rad). The secondary egress door shall
be side-hinged or sliding, and shall provide a minimum clear width of 28 inches (711mm) when
measured between the face of the door and the stop, with the door open 90 degrees (1.57 rad).
The minimum clear height of the primary and secondary egress door opening shall not be less
than 78 inches (1981 mm) in height measured from the top of the threshold to the bottom of the
stop. Other exterior doors shall not be required to comply with these minimum dimensions.
Egress doors shall be readily openable from inside the dwelling without the use of a key or
special knowledge or effort.
R314.9 Common Areas. In all buildings which are not protected with sprinklers, each
unit shall have additional interconnected smoke detectors on the stairway side of all doors
leading to common interior stairways. If there is a common basement, a separate
interconnected system of smoke detectors, including smoke detectors on the stairway side
of all doors leading to interior stairways, shall be provided to serve the basement level
only.
You have the right to appeal this order in accordance with section 113.1:
R113.1 General. Appeals of orders, decisions, determinations and failures to act made by any state or
local agency or any person or state or local agency charged with the administration or enforcement of
the state building code or any of its rules and regulations, except the specialized codes of M.G.L. c.
143, § 96, relative to the application and interpretation of 780 CMR shall be addressed by the Building
Code Appeals Board in accordance with M.G.L. c. 143, § 100. An application to file an appeal may be
found at http://www.mass.qov/ocabr/government/oca-agencies/dpl-lp/opsi/.
CITY of NORTHAMPTON
4.00 PUBLIC HEALTH DEPARTMENT
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��a' � �- Public Health Director—Merridith O'Leary
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Municipal Building—212 Main Street—Northampton, MA 01060
Phone(413)587-1215—Fax(413)587-1221
http://www.northamptonma.gov/245/Health
EMERGENCY CONDEMNATION AND ORDER TO VACATE
Finding of Unfitness for Human Habitation and
Determination of Immediate Danger
In accordance with M.G.L. c 111, §§ 127A and 127B, 105 CMR 400.000: State Sanitary Code, Chapter I: General
Administrative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter II: Minimum Standards of Fitness for
Human Habitation, and Masssachusetts Residential Building Code 780 CMR 51, Jasmine Ward, Health Inspector for
the City of Northampton Health Department, conducted an inspection on April 11, 2022 of a dwelling located at 58
Coolidge Ave,Basement Unit, Northampton,MA. A copy of the inspection report is annexed hereto.
Based on the results of that inspection and violations issued by the City of Northampton Department of Building
Inspection, the Northampton Board of Health finds that the dwelling is unfit for human habitation. Pursuant to M.G.L.
C. 127 B, 105 CMR 410.831 (D) and 780 CMR 51, the Board further finds that the conditions within the dwelling are
such that the danger to life or health of the occupants of the subject dwelling is so immediate that no delay may be
permitted in making this finding.
Conditions found within the dwelling, which give rise to the emergency finding of unfitness and determination of
immediate danger, include, but are not limited to: Inadequate exits/emergency rescue openings, no smoke or
carbon dioxide alarms, no fire separation between dwelling units, inadequate natural lighting and ventilation,
accumulation of garbage, rubbish and other combustible materials in common areas of basement, water
damage throughout unit,pests control concerns.
Based upon these findings, any and all occupants are hereby ordered to vacate the basement unit, and the
landlord/owner is ordered to secure the basement unit within 48 hours of receipt of this order. You are hereby notified
that any person whom is found living in the basement unit are subject to removal and may be charged with trespassing.
If any person refuses to leave a dwelling or portion thereof,which was ordered condemned and vacated,they may
be forcibly removed by the local Board of Health (MGL. c. 111, §127B), or by local police authorities at request
of the Board of Health. Once vacated, this basement unit may not be occupied and the placard shall not be
removed without the written approval of the Board of Health.
You have the right to request a hearing before the Board of Health. This request must be made by you, in writing, and
filed within 7 days after the day this order was served. You have the right to be represented by counsel and any
affected party has a right to appear at said hearing.
Furth rmoreanyonc who fails to comply with any order of the Board of Health may e subject o es ranging
from$10-$500. Each day's failure to comply with an order shall constitute a separate violation.
Merridith O'Leary, RS, Director; Date: Yz_sila
Northampton Health Department O�
Cc: Owner
Mortgage Holders
NFD
NPD
City Solicitor
Building Department
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April 28, 2022
58 Coolidge St - Basement Unit
CONDEMNED
Until Further Notice
AS PER ORDER OF THE NORTHAMPTON
BOARD OF HEALTH
Basement unit of this structure is declared unsafe for
human occupancy. It is unlawful for any person to
occupy this unit after 4/28/2022.
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Me di A. 'L ry, R.S
Public Hea Director
City of Northamptor.
Any Unauthorized Person Removing This Sign WILL BE PROSECUTED
212 Main Street,Northampton,MA 01060
Ph(413)587-1214 Fax(413)587-1221