Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)

Citation: Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)
Parent Document: Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)
Jurisdiction: Massachusetts (state)
Effective Date: 2006-05-22
Original Source: https://www.courtlistener.com/opinion/8356288/berish-v-bornstein/ ↗

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The Trustees contend that the fire walls were defective because they were not constructed in accordance with Section 909.0 of the 1980 State Building Code entitled, “Fire Separation Walls.” With respect to side-by-side units when attached to a common wall in multiple, single-family dwellings, the Code required the common wall to be a fire separation wall with a minimum of one-hour fire resistance rating. Said wall was required to extend from the foundation to the underside of the roof sheathing (one-half inch plywood) and to the inside of the exterior wall sheathing. Under Section 909.4 of the Code, regarding continuity of fire separation walls, all hollow vertical spaces must be fire stopped at every floor level as required by the State Building Code Section 919.

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