IN THE YEAR TWO THOUSAND SEVEN

_______________

AN ORDINANCE

REGULATING ACCESS TO ROOF AREAS

OF CERTAIN RESIDENTIAL BUILDINGS

WHEREAS, The inappropriate and unauthorized use of flat roofs is dangerous, with serious injuries and fatalities regularly attributed to individuals falling from roofs after gaining access to them; and

WHEREAS, The inappropriate and unauthorized use of such roofs is disruptive to the community, with users holding gatherings on roofs, making excessive noise, throwing refuse from roofs, and leaving unsecured objects on roofs which later fall off; and

WHEREAS, The inappropriate and unauthorized use of such roofs is costly to building owners, with punctures to rubber membranes, compaction of rooftop insulation, and fragmenting of masonry and flashing as examples of costly damage; and

WHEREAS, Unimpeded general access to flat roofs, however, is often important for fire safety and evacuation purposes. NOW THEREFORE

Be it ordained by the City Council of Boston, as follows:

CBC Chapter IX is hereby amended by inserting CBC 9-9.13 as follows:

CBC 9-9.13 Regulating Access to Roof Areas of Buildings with Residential Units.

(a) Purpose. It is the intent of this section to protect and preserve public safety, security, and quiet enjoyment of occupants, abutters, and neighborhoods by (i) discouraging the inappropriate use of flat roof areas of residential buildings and (ii) regulating the inappropriate use of and/or assembly of persons on flat roof areas, roof decks, porches, and/or balconies.

The Commissioner of the Inspectional Services Department has enforcement authority pursuant to, inter alia, M.G.L. c. 143, s. 3, the State Building Code, and the Zoning Code of the City of Boston.

(b) Definitions. When used in this section, unless a contrary intention clearly appears, the following terms shall have the following meanings:

City shall mean City of Boston.

Included Structure shall mean any residential structure which contains a roof deck as defined below.

Owner shall mean any person(s) or entity that owns a building in the City of Boston. The rights and duties of the Owner hereunder shall also be the rights and duties of any person(s) or entity that manages or controls the building.

Roof deck shall mean a structure built on the roof of a building that is used for gardening, sunbathing, and other passive recreational purposes. Flat roofs, or limited areas thereof, which do not have a structure built for such purposes but are accessible and could nevertheless be used for such purposes shall be included in this definition.

(c) Roof Deck Permits.

Roof deck permits shall be obtained by an Owner by submitting a building permit application to the Inspectional Services Department. The application shall contain any and all required plans, including but not limited to, a land survey, framing plans, and a report of a structural and safety evaluation performed and prepared by an Architect or Structural Engineer registered/certified/licensed in the Commonwealth of Massachusetts; the structural and safety evaluation shall consider and evaluate the structural capacity of the roof and the safety features of the roof/roof deck including but not limited to handrails, guardrails, lighting, and manner(s) of egress as may be required by the State Building Code or by the regulations of the Inspectional Services Department.

No roof deck may be issued a permit unless all legal requirements are met, such as zoning approval and landmark approval, as necessary; the applicant shall attach to the application copies of such approvals, if any.

No person may occupy, stand on, sit on, or use a roof deck that has not been issued a permit by the Inspectional Services Department (except for performing maintenance). No person may encourage, allow, or suffer an assembly of persons on a roof deck that has not been issued a permit by the Inspectional Services Department. Upon discovery of use or occupancy of a roof deck that does not have proof of a valid permit issued by the Inspectional Services Department, an officer of the Boston Police Department or an inspector of the Inspectional Services Department shall order the roof deck vacated until the process outlined in section (c) is complete.

Inspections. The Inspectional Services Department shall have the authority and the duty to enforce compliance with this section and to issue citations for any violations. The Inspectional Services Department shall have the discretion to establish the procedure by which compliance is determined, including but not limited to, determining when, how and by which professionals such inspections are to be made, including the certified documentation that is to be required for compliance, provided that their policies are reasonably calculated to ensure that every Included Structure in the city is inspected for compliance at least once every five (5) year.

(d) Roof deck Complaints.

The Commissioner of the Inspectional Services Department or his designee shall follow up on any complaint that a structure is being used as a roof deck without a permit. Within three (3) business days of receipt of a complaint under this section, the Inspectional Services Department shall determine whether or not a permit has been issued for use as a roof deck. If no permit has been issued then a Building Inspector shall investigate to determine whether or not a violation is warranted. Violations are written to the Owner in the form of a building and/or zoning code violation and shall be subject to the penalties and fines of such building code and/or zoning code in addition to any penalties and fines authorized by this section.

(e) Enforcement and Penalties. Each and every violation of this section or of any regulations adopted hereunder shall be punishable by a fine of three hundred dollars and no cents ($300.00) for the first offence and five hundred dollars and no cents ($500.00) for each subsequent offence.

(f) Applicability. If any provision of this section imposes greater restrictions or obligations than those imposed by any other, regulation, rule, ordinance, by-law, order, or policy then the provisions of this section shall control.

(g) Regulatory Authority. The Commissioner of the Inspectional Services Department and the Commissioner of the Boston Police Department shall have the authority to promulgate rules and regulations necessary to implement and enforce this section.

(h) Severability. If any provision of this section shall be held to be invalid by a court of competent jurisdiction then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.

(i) Implementation. The provisions of this section shall be effective immediately upon passage and all provisions shall be enforced immediately but no monetary fine shall be imposed pursuant hereto until thirty (30) calendar days after passage.

Filed: November 28, 2007