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 method of chimney fastening utilized by the defendants violated section 715 of the 1980 Building Code and was a defect caused by the defendants’ improper design or workmanship. Nonetheless, this Court concludes that the inadequate chimney fastening did not create a substantial question of safety or make the units unfit for human habitation. Admittedly, one chimney blew off during Hurricane Gloria and nine more blew off during Hurricane Bob. However, any safely concern relates not so much to the individual occupants of the units as to the general *542public outside. Under this odd circumstance, the Trustees are not entitled to recover for this defect under a warranty of habitability theory. 8. Chimney Clearance and Framing

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