In this code the following terms shall have the meanings respectively assigned to them:
ALTERATION
Any change or addition to a building.
BASEMENT
The ground floor, beneath the principal story, but which in the average is at least 1/2 below the mean grade of the adjoining ground.
DWELLING
A building used, or constructed, or adapted [to] be used, for human habitation.
EXTERNAL WALL
Every outer wall or vertical enclosure of any building other than a party wall, and shall include piazzas, bay windows, and porches and other projections.
FOUNDATION
That part of a building below grade utilized for the support of walls, columns, machinery or equipment.
HALF-STORY or ATTIC
A story included in the roof of which the floor area of the rooms is not more than 75% of the area of the ground floor.
HEIGHT OF A BUILDING
The vertical distance of the highest point of the roof above the mean grade of the sidewalks of all the streets upon which it abuts, and if it does not abut on a street above the mean grade of the ground adjoining the building.
HEIGHT OF WALL
The height from the mean grade of the sidewalk or adjoining ground to the highest point of the wall.
PARTY WALL
A wall that separates two or more buildings and is used or adapted for the use of more than one building.
PUBLIC BUILDING
A building used or constructed or adapted to be used in whole or in part as a church, school, hospital, theater, hotel or place of public assemblage.
REPAIRS
The removal of any part of a building, or its fixtures or appurtenances, and not made, in the opinion of the Building Commissioner, for the purpose of converting the building, in whole or in part, into a new building.
[Amended 5-2-1989 STM by Art. 6]
SOLID WALL
A wall without openings of any kind therein.
THICKNESS OF WALL
The minimum thickness of such a wall.
UNDERPINNING
The brick, stone or concrete wall above the foundation to the under side of sill.
WOODEN OR FRAME BUILDING
Any building of which an external wall is constructed wholly or partly of wood. Wood frames covered with metal shall be deemed to be wood structures.
[Amended 5-2-1989 STM by Art. 6]
A. 
No building hereafter erected, altered, added to or repaired, that is to be finished in whole or in part, shall be lathed, plastered and sheathed, until the owner or builder shall have notified the Building Commissioner and shall have received from said Commissioner a notice in writing that the work is satisfactory.
B. 
The Building Commissioner on receipt of a notice from the owner or builder that any building or alterations, additions or repairs to any building are ready for inspection shall as soon as possible inspect the premises, but shall not accept the building until all the requirements of this code have been complied with, and no building shall be occupied until approved by the Commissioner.
C. 
The Commissioner shall also require that all permanent piers or columns needed under girders, trimmers, etc., shall be in place before the Commissioner accepts the building.
A. 
When a garage is located beneath a building or attached to it, the walls and ceilings shall be of fire-resisting construction approved by the Building Commissioner.
[Amended 5-2-1989 STM by Art. 6]
B. 
The slope of any driveway constructed after the effective date of this amendment shall be such that a point 10 feet off the street line shall not be more than 11 inches above or five inches below the elevation of the sidewalk at the street line of a street as defined by § 200-7 of the Zoning By-Law of the Town.
[Amended 3-12-1968 ATM by Art. 70]
A. 
All foundation walls shall extend at least three feet six inches below the ground and more than necessary to be substantially below the frost line unless they rest on solid ledge, but in all cases they shall extend to solid soil satisfactory to the Building Commissioner. Foundations shall not be laid on frozen ground. Foundations shall have suitable footings to keep the load distribution within the carrying capacity of the soil. If suitable natural soil cannot be reached by reasonable excavation, piles of wood or concrete may be employed.
[Amended 5-2-1989 STM by Art. 6]
B. 
Foundation walls for wooden or masonry buildings shall be of stone, brick or poured concrete of the following minimum thickness:
(1) 
Stone: 16 inches or four inches thicker than the wall it supports.
(2) 
Brick: 12 inches or four inches thicker than the wall it supports.
(3) 
Concrete poured in place: eight inches or four inches thicker than the wall it supports.
C. 
Stone walls shall have the first course extend clear through the wall, and above the first course shall be thoroughly bonded. Stone walls laid dry, that is, with stones not bedded in mortar but merely pointed with mortar on the outside, shall not be permitted.
D. 
Brick walls both for foundations and upper stories shall be bonded by a header course every 18 inches. Bricks and tiles used for exterior work shall have a burned face suitable for exposure to the weather.
E. 
Brick underpinnings for buildings not over two stories high shall not be less than eight inches thick, and under buildings three or more stories in height shall not be less than 12 inches thick for their entire height. Underpinnings for wooden construction shall extend at least eight inches above the adjacent ground surface. Concrete blocks may be used for underpinnings above grade provided that eight-inch blocks are laid not more than five courses high and that twelve-inch blocks are laid not more than eight courses high. Such blocks shall meet the approval of the Building Commissioner.
[Amended 5-2-1989 STM by Art. 6]
F. 
When the construction of a building shall cease for any cause after the foundation walls have been constructed the excavated cellars enclosed by the foundation walls shall be covered in such manner as the Building Commissioner shall require at the expense of the owner of the land where the construction has taken place.
[Amended 5-2-1989 STM by Art. 6]
A. 
The mortar for foundations, piers and chimneys of stone, brick, concrete block, or tile shall have a strength not less than that of a mortar composed of one part Portland cement to not more than three parts of clean, sharp sand, proportioned by volume, with an allowable addition of hydrated lime not to exceed 15% of the cement by volume.
B. 
Masonry walls above the underpinning shall be laid in mortar composed of one part Portland cement, one part hydrated or properly slacked lime to not more than six parts of clean, sharp sand, or a prepared mortar mixed and used according to manufacturer's directions.
Concrete for bearing walls and piers shall be at least of the following proportions by volume: one part Portland cement, three parts clean, sharp sand, and five parts aggregate, free from loam, organic matter or other deleterious substances. Other mixtures of fine and coarse aggregate giving equivalent strength and density are permitted.
Concrete blocks used for underpinnings or exterior walls shall have a composition not leaner than one part of Portland cement to seven parts of fine and coarse aggregate combined.
Buildings more than one story in height, and with a floor area of over 500 square feet, that do not rest on foundation walls, shall be supported on suitably driven piles or piers of hard brick, stone or concrete; corner piers shall be not less than 12 inches square, and intermediate piers not less than eight inches square. Wooden posts extending into the ground shall not be used for the support of buildings where such buildings are built on a ledge. All footings of piers shall be started at least three feet six inches below the surface of the ground exposed to frost.
Building floors shall be supported in cellars and basements as required in § 30-28 by suitable brick or concrete piers or cement-filled iron columns on proper footings. Stone piers shall not be used for the support of girders or walls in cellars or basements. Porches and piazzas shall be supported by concrete, brick, stone piers, or approved concrete blocks. Stone piers shall be at least 12 inches square, and the unsupported height of brick or concrete piers either in basements or under piazzas shall not exceed 10 times their least dimension.
A. 
The minimum thickness of exterior masonry walls for dwellings shall be as follows:
(1) 
Brick: eight inches up to 20 feet in height.
(2) 
Concrete block or hollow tile: eight inches up to 10 feet in height.
(3) 
Stone: 16 inches up to 20 feet in height.
B. 
When gable construction is used, the same thickness is permitted up to the peak.
C. 
Exterior bearing or party walls of brick, concrete, hollow tile or concrete block for commercial and industrial buildings shall have a minimum thickness of eight inches in one-story buildings not exceeding 12 feet in height. In multistory buildings, the exterior walls shall have a minimum thickness of eight inches in the top story with an increase of four inches in thickness for every successive story below.
D. 
No vertical chases (i.e., grooves for pipes, flues, wires, etc.) shall be permitted in eight-inch walls.
E. 
Brick veneer walls shall be provided with metal ties embedded in mortar joints at least 16 inches apart vertically and 24 inches horizontally.
F. 
Floor and roof timbers shall be attached to masonry walls to suitable metal ties.
G. 
Corner posts shall be continuous. Girts shall be four by six inches. No stairway shall be constructed in a two-family house less than three feet in the rough.
A. 
All wooden buildings, and their projections, over one story in height, shall have sills not less than four by six inches.
B. 
There shall be girders not less than six by eight inches under the main partitions, and floor joists doubled or their equivalent, under all partitions in the first floor of all dwellings.
C. 
Headers and trimmers of all openings over four feet in the first floor of dwellings shall be floor joists doubled or their equivalent.
A. 
All beams carrying main partitions on the first floor shall be supported on piers or columns as described in § 30-25, not more than seven feet apart; trimmers in the first floor over 12 feet in length shall be supported by a pier or post. All buildings shall be properly braced at the angles.
B. 
The floor joists for all floors in dwellings shall be proportioned in accordance with the following table:
(1) 
All spans over eight feet in width to be bridged in the center with one row of one-inch and three-inch bridging; over 13 feet in width to be bridged with two rows of one-inch and three-inch bridging.
All dwellings over one story in height shall have plates not less than four by four inches, or the equivalent. All roof rafters are to be proportioned by the following table:
A. 
No studding for any part of the outside walls of any building over one story in height shall be less than two by four inches and 16 inches on centers.
B. 
All boards which form any part of the frame of the building shall be nailed at each bearing with not less than two eight-penny nails or the equivalent.
A. 
Party walls in commercial and industrial buildings shall be of brick or other approved noncombustible material not less than eight inches thick, and all openings in party walls shall be protected with approved automatic self-closing fire doors on both sides of the walls.
B. 
All partitions dividing stores or basements in a block shall be of noncombustible materials approved by the Building Commissioner.
[Amended 5-2-1989 STM by Art. 6]
[Amended 5-2-1989 STM by Art. 6]
Fire stopping shall be provided to form an effectual horizontal fire barrier between stories and roof spaces. The stopping shall consist of pieces of wood not less than two inches thick fitted tightly, cement mortar, or brick filling. Fire stopping shall not be concealed from view until opportunity has been given the Building Commissioner to approve it.
A. 
Any roof hereafter constructed in the Town of Marblehead shall be covered with a fire-resistive material such as metal, tile, slag, gravel, slate, asbestos shingles or surfaced asphalt shingles and/or any other Underwriters Laboratories' rated shingles carrying a label of Class "C" or higher.
[Amended 3-11-1969 ATM by Art. 73]
B. 
No roofing on an existing roof shall be renewed or repaired to a greater extent than 25% of the roof surface, except in conformity with the requirements of this section.
A. 
Chimneys less than eight inches thick shall have a tile flue lining covered with at least four inches of brickwork. Top of chimney shall be capped with cement, tile or stone.
B. 
Chimneys shall extend at least three feet above the highest point at which they come in contact with a roof of the building and at least two feet higher than any ridge within 10 feet of such chimney.
C. 
Chimneys shall be built upon concrete or solid masonry foundations at least four inches wider on each side than the chimney. The footing for an exterior chimney shall start below the frost line.
D. 
Fireplaces shall have walls of at least eight-inch thickness including both rough and finished construction. The hearth and under-fire section shall be of not less than six-inch noncombustible material and the hearth shall extend not less than 16 inches beyond the face of the fireplace and not less than eight inches beyond each side of the fireplace opening. The chimney below the fireplace shall have sufficient width to carry facings of finished fireplace.
E. 
Firestopping shall be provided around all chimneys at each floor by use of metal strip in such a way as to prevent vertical spread of fire along outside chimney.
A. 
Woodwork shall be kept at least one inch away from the outside brickwork of chimneys and in no case shall nails be driven into the masonry of a chimney for the support of woodwork.
B. 
Smoke pipes from furnaces and heaters shall be kept at least 18 inches away from any woodwork unless the woodwork is protected.
C. 
Steam pipes shall be kept at least one inch from all woodwork or shall be protected by an incombustible ring or tube or rest on iron supports.
D. 
Switchboards shall not be built up to a nonfireproof ceiling, a space of three feet being left between the ceiling and the board, unless an adequate fireproof shield is provided between the board and the ceiling approved by the Building Commissioner.
[Amended 5-2-1989 STM by Art. 6]
E. 
Ceilings over all heaters shall be of fire-resistive construction, approved by the Building Commissioner.
[Amended 5-2-1989 STM by Art. 6]
F. 
There must be an outside entrance to the cellar of all buildings.
A. 
Every building occupied above the second floor by a person or persons not resident on the first or second floor of said building shall be provided with such proper facilities for the escape of such persons in case of fire as the Building Commissioner may approve, unless there are two or more means of exit from all floors above said second floor to the ground provided; and where fire escapes are required on the outside of the building they shall be permanently affixed to the building and provided with suitable connections to the ground.
[Amended 5-2-1989 STM by Art. 6]
B. 
For the purposes of this section, a knotted rope, rope ladder or similar appliance shall not be considered a means of exit or fire escape.
C. 
This section shall not apply to the existing use of any building to the extent to which it is used at the time of the approval of this By-Law.
D. 
Whoever violates any of the provisions of this section shall be punished by a fine not to exceed $50 for each offense. Each 10 days that a violation is permitted to exist shall constitute a separate offense.
[Amended 3-14-1972 ATM by Art. 30]
[Amended 5-2-1989 STM by Art. 6]
In case the owner of any building or other structure or an applicant for a permit to erect or alter the building or other structure is dissatisfied with any order or decision of the Building Commissioner and shall file with said Commissioner the objection in writing the matter shall be referred at once to the Select Board, who as soon as possible after said reference shall hear the parties, and after taking such expert opinion as may seem to the Select Board to be necessary, give their decision. Their decision shall be final with reference to such matters as are before them on such objection.