Subsection R102.6 - Existing StructuresThe legal occupancy of any structure existing on the date of adoption of 780 CMR shall be permitted to continue without change, except as is specifically covered in 780 CMR or as deemed necessary by the building official for the general safety and welfare of the public.
R102.6.1Laws in Effect. Unless specifically provided otherwise in 780 CMR, and narrow to the provisions of 780 CMR, any existing building or structure shall be presumed to meet the provisions of the applicable laws, codes, rules or regulations, bylaws or ordinances in effect at the time such building or structure was constructed or altered. The existing building or structure shall be allowed to continue to be occupied pursuant to its last lawful use and occupancy, provided that the building or structure has been maintained by the owner in accordance with 780 CMR.R102.6.2Laws Not in Use. In cases where applicable codes, rules or regulations, bylaws or ordinances were not in use at the time of such construction or alteration, the building or structure shall be maintained by the owner in accordance with 780 CMR.R102.6.3Less Stringent. In cases where the provisions of 780 CMR are less stringent than the applicable codes, rules or regulations, bylaws or ordinances at the time of such construction or substantial alteration, the applicable provisions of 780 CMR shall apply, providing such application can be reasonably demonstrated not to result in danger to the public, as determined by the building official.R102.6.4Existing 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 for the safe means of egress of the occupants, including signage and lighting;c. Inadequate lighting and ventilation. Where full compliance for means of egress, lighting and ventilation are not practical, the building official may accept compliance alternatives, engineering, or other evaluations that adequately address the deficiency.
780 CMR, ch. 51, ch. 1, pt. 1, 101, R102.6
Adopted by Mass Register Issue 1532, eff. 10/11/2024.