780001
1/19/01 780 CMR - Sixth Edition 13
(Substantial portions of this Chapter are entirely unique to Massachusetts)
780 CMR 101.0 SCOPE
e
ode.
as amended shall control all matters
co
aid agencies have
abilitation and maintenance of existing
rgy conservation and sanitary
promulgation
sibilities as defined in
780 CMR R1 through R7.
such chapter, section or provision of
80 CMR.
n,
lteration, repair, demolition, removal, use or
said
ecialized codes, rules or regulations include, but
l apply to
ll standards referenced in Appendix A, other than
n use or
ccupancy, demolition, removal of all buildings and
ng official in writing
ithin seven working days of any action taken
ursuant to 780 CMR 102.2.
CHAPTER 1 ADMINISTRATION
101.1 Title: 780 CMR shall be known as th
Commonwealth of Massachusetts State Building
C
101.2 Scope: 780 CMR, in accordance with St.
1984, c. 348,
ncerning;
(a) the construction, reconstruction, alteration,
repair, demolition, removal, inspection, issuance
and revocation of permits or licenses, installation
of equipment, classification and definition of any
building or structure and use or occupancy of all
buildings and structures or parts thereof except
bridges and appurtenant supporting structures
which have been or are to be constructed by, or
are under the custody and control of the
Department of Public Works (Massachusetts
Highway Department), the Massachusetts
Turnpike Authority, the Massachusetts Bay
Transportation Authority, the Metropolitan
District Commission, or the Massachusetts Port
Authority or for which s
maintenance responsibility;
(b) the reh
buildings;
(c) the standards or requirements for materials to
be used in connection therewith, including but not
limited to provisions for safety, ingress and
egress, ene
conditions;
(d) the establishment of reasonable fees for
inspections and the issuance of licenses to
individuals engaged as construction supervisors;
(e) the certification of inspectors of buildings,
building commissioners and local inspectors and;
(f) the registration of Home Improvement
Contractors pursuant to MGL c 142A, except as
such matters are otherwise provided for in the
Massachusetts General Laws Annotated, or in the
rules and regulations authorized for
under the provisions of 780 CMR.
(g) other duties and respon
101.3 Application of references: Unless otherwise
specifically provided for in 780 CMR, all references
to chapter or section numbers, or to provisions not
specifically identified by number, shall be construed
to refer to
7
101.4 Intent: 780 CMR shall be construed to secure
its expressed intent, which is to insure public safety,
health and welfare insofar as they are affected by
building construction, through structural strength,
adequate means of egress facilities, sanitary
conditions, light and ventilation, energy
conservation and fire safety; and, in general, to
secure safety to life and property from all hazards
incident to the design, construction, reconstructio
a
occupancy of buildings, structures or premises.
101.5 Specialized Codes: Specialized codes, rules
or regulations pertaining to building construction,
reconstruction, alteration, repair or demolition,
promulgated, and under the authority of the various
boards which have been authorized by the general
court shall be incorporated into 780 CMR. The
sp
are not limited to, those listed in Appendix A.
101.6 Referenced standards: The standards
referenced in 780 CMR and listed in Appendix A
shall be considered part of the requirements of
780 CMR to the prescribed extent of each such
reference. Where differences occur between
provisions of 780 CMR and referenced standards,
the provisions of 780 CMR shall apply. The
administrative provisions of 780 CMR shal
a
the specialized codes in 780 CMR 101.5.
780 CMR 102.0 APPLICABILITY
102.1 General: The provisions of 780 CMR shall
apply to all matters affecting or relating to buildings
and structures, as set forth in 780 CMR 101.0 and
shall apply with equal force to municipal, county,
state authorities of or established by the legislature
and private buildings and structures, except where
such buildings and structures are otherwise provided
for by statute. The construction, reconstruction,
alteration, repair, addition, change i
o
structures shall comply with 780 CMR.
102.2 Matters not provided for: Any requirements
that are essential for the structural, fire or sanitary
safety, interior climate comfort of an existing or
proposed building or structure, or for the safety of
the occupants thereof, which are not specifically
provided for by 780 CMR, shall be determined by
the building official. The State Board of Building
Regulations and Standards (hereinafter referred to as
the BBRS) and the Department of Public Safety
shall be notified by the buildi
w
p
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
14 780 CMR - Sixth Edition 2/24/06 (Effective 8/26/05)
h bylaws or ordinances are
romulgated in accordance with the provisions of
such bylaws or ordinances are
romulgated in accordance with the provisions
10
with the provisions of
780 CMR 102.5 and all other applicable
provided that
the building or structure shall be maintained in
n use
at the time of such construction or alteration, the
of these
provisions does not result in danger to the public,
altered, repaired or changed in use or occupancy
l comply as far
as new
structures and provided further that the siting and
are required by
80 CMR in a building or structure, or which were
ner, as
efined in 780 CMR 2, shall be responsible for
d if any of its provisions shall be held
nconstitutional or otherwise invalid by any court of
omp ourt
ing
of M.G.L.
. 22, § 13 A and the rules and regulations made
wers of the inspector of buildings
uring the temporary absence, disability or conflict
102.3 Zoning Bylaw Restrictions: When the
provisions herein specified for structural strength,
adequate egress facilities, sanitary conditions,
equipment, light and ventilation, energy
conservation or fire safety conflict with the local
zoning bylaws or ordinances, 780 CMR shall control
the construction or alteration of buildings and
structures unless suc
p
M.G.L. c. 143, § 98 .
102.4 General bylaw restrictions: When the
provisions herein specified for structural strength,
adequate egress facilities, sanitary conditions,
equipment, light and ventilation, energy
conservation or fire safety conflict with the local
general bylaws or ordinances, 780 CMR shall
control the construction or alteration of buildings
and structures unless
p
M.G.L. c. 143, § 98.
2.5 Applicability to Existing Buildings
102.5.1 General: Existing buildings and
structures shall comply
provisions of 780 CMR.
102.5.2 Unless specifically provided otherwise in
780 CMR, any existing building or structure shall
meet and 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
and shall be allowed to continue to be occupied
pursuant to its use and occupancy,
accordance with 780 CMR 103.0.
102.5.3 In cases which applicable codes, rules or
regulations, bylaws or ordinances were not i
provisions of 780 CMR 103.0 shall apply.
102.5.4 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
as determined by the building official.
102.5.5 Existing buildings or parts or portions
thereof which are proposed to be enlarged,
shall comply with the provisions of 780 CMR 34.
102.5.6 Moved Structures: Buildings or
structures moved into or within the jurisdiction
shall comply with the provisions of 780 CMR 34
provided that any new system shal
practicable with the requirements for
fire separation distance comply with the
requirements for new structures.
780 CMR 103.0 MAINTENANCE
103.1 General: All buildings and structures and all
parts thereof, both existing and new, and all systems
and equipment therein which are regulated by
780 CMR shall be maintained in a safe, operable and
sanitary condition. All service equipment, means of
egress, devices and safeguards which
7
required by a previous statute in a building or
structure, when erected, altered or repaired, shall be
maintained in good working order.
103.2 Owner responsibility: The ow
d
compliance with provisions of 780 CMR 103.0.
780 CMR 104.0 VALIDITY
104.1 General: The provisions of 780 CMR are
severable, an
u
c etent jurisdiction, the decision of such c
shall not affect or impair any of the remain
provisions.
780 CMR 105.0 OFFICE OF THE
INSPECTOR OF BUILDINGS OR
BUILDING COMMISSIONER
105.1 Appointment: The chief administrative
officer of each city or town shall employ and
designate an inspector of buildings or building
commissioner (hereinafter inspector of buildings) as
well as such other local inspectors as are reasonably
necessary to assist the inspector of buildings to
administer and enforce 780 CMR and
c
under the authority thereof. The inspector of
buildings shall report directly to and be solely
responsible to the appointing authority.
105.2 Alternate: The inspector of buildings is
authorized to designate an alternate who shall
exercise all the po
d
of interest of the inspector of buildings. Said
alternate shall be duly qualified pursuant to
780 CMR 105.3.
105.3 Qualifications of the Inspector of Buildings:
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
14 780 CMR - Sixth Edition 2/24/06 (Effective 8/26/05)
building construction or design or in the alternative
equivalent knowledge and ability, as determined by
the BBRS. In addition each inspector of buildings
essential for safety, comfort and
co
ions for the
Ce
lities may require additional
ualifications or experience as are deemed
nd materials
es
ions for the
Ce
lities may require additional
ualifications or experience as are deemed
10
Inspectors. Such reports shall be submitted on
forms prescribed by the BBRS for said purpose.
ity and status of any new
mployee associated with the building department
en
of ent.
unicipality, the
uilding official, charged with the enforcement of
shall be open to public
spection at all appropriate times and according to
aintenance of all buildings and structures, except
In accordance with the provisions of M.G.L. c. 143,
§ 3, each inspector of buildings shall have had at
least five years of experience in the supervision of
building construction or design, or any combination
of education and experience which would confer
a four year undergraduate degree in a field related to
shall have had general knowledge of the accepted
requirements for building construction, fire
prevention, light, ventilation and safe egress; as well
as a general knowledge of other equipment and
materials
nvenience of the occupants of a building or
structure.
Each inspector of buildings shall be certified by
the BBRS in accordance with the provisions of
780 CMR R7, the Rules and Regulat
rtification of Inspectors of Buildings, Building
Commissioners and Local Inspectors.
Municipa
q
necessary.
105.4 Qualifications of the local inspector: In
accordance with the provisions of M.G.L. c. 143,
§ 3, each local inspector shall have had at least five
years of experience in the supervision of building
construction or design or in the alternative a two
year associates degree in a field related to building
construction or design, or any combination of
education and experience which would confer
equivalent knowledge and ability, as determined by
the BBRS. In addition, such persons shall have had
general knowledge of the accepted requirements for
building construction, fire prevention, light,
ventilation and safe egress; as well as a general
knowledge of other equipment a
sential for safety, comfort and convenience of the
occupants of a building or structure.
Each local inspector shall be certified by the
BBRS in accordance with the provisions of
780 CMR R7, the Rules and Regulat
rtification of Inspectors of Buildings, Building
Commissioners and Local Inspectors.
Municipa
q
necessary.
5.5 Reporting Requirements:
105.5.1 Annual report by city or town clerk:
In accordance with the provisions of M.G.L.
c. 143, § 3, the clerk of each city or town shall,
annually, not later than April first, transmit to the
BBRS the names and official address of each
inspector of buildings, building commissioner and
local inspector as well as at such other times as
required pursuant to 780 CMR R7, the Rules and
Regulations for the Certification of Inspectors of
Buildings, Building Commissioners and Local
105.5.2. New appointments: The clerk of each
city or town shall additionally report to the BBRS,
the name, capac
appointee within the time periods prescribed in
780 CMR R7 on forms prescribed by the BBRS
for said purpose.
105.6 Restriction of employees: No full-time or
part-time building commissioner, inspector of
buildings, or full-time or part-time local inspector as
defined herein shall be engaged in, or directly or
indirectly connected with, the furnishing of labor,
materials or appliances for the construction,
alteration or maintenance of a building or structure,
or the preparation of plans or of specifications
therefore within the city, town or region for which
he or she is appointed, unless he or she is the owner
of the building or structure; nor shall any officer or
e
gage in any work which conflicts with his or her
ficial duties or with the interests of the departm
Note: See M.G.L. c. 143, § 3Z (Local Option law
relative to part-time employees).
105.7 Relief from personal liability: Insofar as the
law allows, while acting for the m
b
780 CMR shall not be deemed personally liable in
the discharge of his official duties.
105.8 Official records: An official record shall be
kept of all business and activities of the department
specified in the provisions of 780 CMR. In
accordance with the provisions of M.G.L. c. 66,
§ 10(b), all such records
in
reasonable rules to maintain the integrity and
security of such records.
780 CMR 106.0 DUTIES AND POWERS OF
THE BUILDING OFFICIAL
106.1 General: The inspector of buildings and local
inspector (herein after building official) shall
enforce all of the provisions of 780 CMR, 521 CMR
(Architectural Access Board) and any other state
statutes, rules and regulations, or ordinances or
bylaws which empower the building official. The
building official shall act on any question relative to
the mode or manner of construction and materials to
be used in the construction, reconstruction,
alteration, repair, demolition, removal, installation of
equipment and the location, use, occupancy and
m
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
ADMINISTRATION
1/19/01 780 CMR - Sixth Edition 15
for the construction, reconstruction, alteration,
compliance with the provisions of
80 CMR.
The building official
all issue all necessary notices or orders to ensure
in writing
nd be certified by a responsible officer of such
or waive only in their
ntirety for any specific use group the fees as
sp
ision
thereof and for buildings and structures or parts
cate of
inspection is to be signed by the Building Official
an
ent; such temporary certificate
n - ABCC (per M.G.L.
c. 10, § 74): Failure by the building official to
issue an annual certificate of inspection, signed
by the head of the fire department, may be
appealed in accordance with the requirements
of 780 CMR 122.0.
as otherwise specifically provided for by statutory
requirements or as provided for in 780 CMR 109.0.
106.2 Applications and permits: The building
official shall receive applications and issue permits
occupancy of buildings and structures; inspect the
premises for which such permits have been issued
and enforce
repair, demolition, removal or change in use or
7
106.3 Notices and orders:
sh
compliance with 780 CMR.
106.4 Inspections: The building official shall make
such inspections as deemed necessary to ensure
compliance with 780 CMR, or the building official
may accept reports of inspection by qualified agen-
cies or individuals, which reports shall be
a
agency or by the responsible individual.
106.5 Inspection and certification of specified use
groups: The building official shall periodically
inspect and certify buildings and structures or parts
thereof in accordance with Table 106. A building or
structure shall not be occupied or continue to be
occupied without the posting of a valid certificate of
inspection where required by Table 106. A
certificate of inspection as herein specified shall not
be issued until an inspection is made certifying that
the building or structure or parts thereof complies
with all the applicable requirements of 780 CMR,
and until the fee is paid as specified in Table 106.
Municipalities may increase
e
ecified in said Table 106.
Exception: Municipalities may revise or modify,
or waive in part those fees for buildings and
structures or parts thereof owned by the
municipality, county or political subdiv
thereof used solely for religious purposes.
106.5.1 Annual inspection of any premise
licensed by the Alcohol Beverage Control
Commission - ABCC (per M.G.L. c. 10, § 74):
Any premise, licensed by the ABCC and from
which alcoholic beverages are sold and are
consumed on the premises, is required to be
inspected annually and said annual certifi
d by the Head of the Fire Department.
106.5.1.1 Issuance of a temporary certificate
of inspection of any premise licensed by the
Alcohol Beverage Control Commission -
ABCC (per M.G.L. c. 10, § 74): For
premises described in 780 CMR 106.5.1, a
building official may issue a temporary
certificate of inspection, signed by the head of
the fire departm
of inspection shall be identified as effective to
a date certain.
106.5.1.1.2 Appeal of the failure to issue an
annual certificate of inspection of any
premises licensed by the Alcohol Beverage
Control Commissio
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
ADMINISTRATION
2/24/06 (Effective 8/26/05) 780 CMR - Sixth Edition 16.1
TABLE 106
REQUIRED MINIMUM INSPECTIONS AND CERTIFICATIONS FOR SPECIFIED USE GROUPS
(See Chapters 3 and 4 for complete description of use groups)
Use
Group Use Group Use Group Description
Minimum
Inspections
Maximum
Certification
Period
Fees for Maximum
Certification
Period
A-1
Assembly - Theaters
over 400 capacity
With stage and scenery
Movie Theater
Semi- Annual
Semi- Annual
One Year
One Year
$75
$75
A-1
Assembly - Theaters
400 or less capacity
With stage and scenery
Movie Theater
Annual
Annual
One Year
One Year
$40
$40
A-2
Assembly - Night Clubs
r similar uses o
Over 400 capacity
400 or less capacity
Semi Annual
Annual
One Year
One Year
$75
$40
A-3
Assembly Lecture
Halls, recreation centers,
terminals, etc.
Over 400 capacity
400 or less capacity
Semi Annual
Annual
One Year
One Year
note a
$40
A-4
Assembly Churches, low density, recreation
similar uses &
Prior to issuance of
each new certificate
Five Years $40
A-5
Assembly Stadiums, bleachers, places of
outdoor assembly
Prior to issuance of
each new certificate
One Year note b
“A”
Special Amusement
Buildings or portions
thereof
(780 CMR 413.0)
Special Amusement Buildings or
portions thereof
(780 CMR 413.7)
Annually prior to
issuance of a new
certification
One Year As established by
the city or town in
accordance with
780 CMR 106.5
E
Educational
Educational
Prior to issuance of
each new certificate
One Year
$40
E
Day Care
Child day care centers
(see Chapter 4)
Prior to issuance of
each new certificate
One Year
$40
I-2
Institutional Incapacitated - hospitals, nursing
homes, mental hospitals, certain
ay care facilities (see Chapter 4)d
Prior to issuance of
each new certificate
Two Years note d
I-3
Institutional Restrained - prisons, jails,
detention centers, etc.
Prior to issuance of
each new certificate
Two Years note c
R-1
Residential
Hotels, motels, lodging houses,
ormitories, etc. (note g) d
Prior to issuance of
each new certificate
One Year
note e
R-2
Residential Multi family (note g) Prior to issuance of
each new certificate
Five Years note f
R-1
Residential Special
ccupancy O
Detoxification facilities
(see Chapter 4)
Prior to issuance of
each new certificate
Two Years
$75
R-2
Residential Special
Occupancy
Summer camps for children
(see chapter 4)
Annual
One Year
note h
R-3 or
R-4
Residential Special
ccupancy O
Group Residence
(see Chapter 4)
Annual
One Year
note h
R-5
Residential Special
Occupancy
Limited Group Residence
(see Chapter 4)
Annual
One Year
note h
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
16.2 780 CMR - Sixth Edition 2/24/06 (Effective 8/26/05)
NON-TEXT PAGE
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
ADMINISTRATION
2/24/06 (Effective 8/26/05) 780 CMR - Sixth Edition 17
Notes applicable to Table 106
General: The maximum certification period specified in Table 106 is intended to provide administrative
flexibility. For those buildings and structures or parts thereof allowing more than one year maximum
certification period, the building official may determine the length of validity of the certificate issued. For
example, a building in the R-2 use group could be issued a certificate valid for one, two, three, four or five
years. The total amount of fees charged for a certificate or certificates issued during the maximum
certification period can exceed the fee listed or referenced in column 4 of Table 106. For example, if the
building official issues a certificate valid for two years for a building in the R-2 use group, the fee charged
would be 2/5 times the fee per maximum certification period as determined for the building in question using
the formula in Note f.
Note a. For buildings or structures, or parts thereof, in the A-3 Use Group categories, with capacities over
400, the fee to be charged for the maximum certification period of one year is $75 for accommodations for
up to 5,000 persons, plus $15 for the accommodations for each additional 1,000 persons or fraction thereof.
Note b. For all buildings or structures, or parts thereof, in A-5 use group, the fee to be charged for the
maximum certification period of one year is $40 for seating accommodations for up to 5,000 persons, plus $8
for the accommodation for each additional 1,000 persons or fraction thereof.
Note c. For all buildings and structures, or parts thereof, in the I-3 use group, the fee to be charged for the
maximum certification period of two years is $75 for each structure containing up to 100 beds, plus a $2
charge for each additional ten beds or fraction thereof over the initial 100 beds.
Note d. For hospitals, nursing homes, sanitariums, and orphanages in the I-2 use group, the fee to be
charged for the maximum certification period of two years is $75 for each structure containing up to 100
beds, plus a $2 charge for each additional ten beds or fraction thereof over the initial 100 beds. All other
buildings or structures or parts thereof in the I-2 use group classification shall be charged a fee of $75 for a
two year maximum certification period.
Note e. For all buildings and structures or parts thereof in the R-1 use group, the fee to be charged for the
maximum certification period of one year shall be $40 for up to five units plus $2 per unit for all over five
units. A unit shall be defined as follows:
two hotel guest rooms;
two lodging house guest rooms;
two boarding house guest rooms; or
four dormitory beds
Note f. For all buildings and structures or parts thereof in the R-2 use group, the fee to be charged for the
maximum certification period of five years shall be $75, plus $2 per dwelling unit except that three family
dwelling units shall be exempt from such fees.
Note g. For purposes of determining the required number of inspections, the maximum certification period,
and the fees, as specified in Table 106, dormitories are included in the R-1 use group classification rather
than the R-2.
Note h. Summer camps for children in use group R-2 shall be inspected and certified annually prior to the
beginning of each season. The annual fee shall be $15 for the first 25 residential units: $8 for each
additional 25 residential units; and $15 for each assembly building or use. (A residential unit for this purpose
shall be defined as four beds).
106.6 Reports by the Building Official
106.6.1 Report to Appointing Authority: The building official shall submit to the appointing authority of the jurisdiction a written report of operations in a form and content and at intervals
as shall be prescribed by the appointing authority.
106.6.2 Report to assessors: Pursuant to M.G.L. c. 143, § 61, the building official shall give to the assessors of the municipality written notice of the granting of permits for the
construction of any buildings or structures, or for
the removal or demolition, or for any substantial alteration or addition thereto. Such notice shall be given within seven days after the granting of each permit, and shall state the name of the
person to whom the permit was granted and the
location of the building or structure to be
constructed, reconstructed, altered, demolished or removed. 106.6.3 Report to Local United States
Postmaster: Pursuant to M.G.L. c. 143, § 3X the
building official shall notify the local United
States Postmaster of the issuance of a building permit authorizing the construction of any building containing ten or more residential units.
106.7 Department records: The building official
shall maintain official records of applications received, permits and certificates issued, inspections performed fees collected, reports of inspections, and notices and orders issued. Such records shall be
retained in the official records as long as the
building or structure to which they relate remains in
existence unless otherwise provided for by law. 780 CMR 107.0 DUTIES AND POWERS OF THE STATE INSPECTOR (M.G.L. c. 143, § 3A)
107.1 The State Inspector: In every city and town 780 CMR shall be enforced by the State Inspector of the Department of Public Safety, Division of
Inspections, as to any structures or buildings or parts
thereof that are owned by the Commonwealth or any
departments, commissions, agencies, or authorities of the Commonwealth. The state inspector shall have as to such buildings and structures all the powers of a building commissioner or inspector of
buildings. All buildings and structures owned by
any authority established by the legislature and not
owned by the Commonwealth shall be regulated in accordance with 780 CMR 106.0.
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
EMERGENCY 18 (Effective 8/26/05) 12/2/05
107.2 Other responsibilities: The state inspector shall make periodic reviews of all local building inspection practices, provide technical assistance and advice to the local building officials in the
implementation of 780 CMR, and report in writing
his findings to the building officials. 107.3 Review by the Commissioner of Public Safety: The Commissioner of the Commonwealth
of Massachusetts, Department of Public Safety shall
establish districts which shall be supervised by a
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
ADMINISTRATION
2/24/06 (Effective 8/26/05) 780 CMR - Sixth Edition 19
state inspector of the Division of Inspections. The Commissioner may review, on his own initiative, or on the application of any state inspector, any action or refusal or failure of action by any building
official the result of which does not comply with the
uniform implementation of 780 CMR; and may reverse, modify or annul, in whole or in part, such action except with respect to the specialized codes, provided that an order or action of the
Commissioner shall not reverse, modify, annul, or
contravene any order, action, determination,
interpretation or any decision by the BBRS or the State Building Code Appeals Board. 107.4 Reports: The state inspector shall file with
the BBRS reports of his periodic reviews and
recommendations for improvements of building inspection practices. The format and due dates for these reports shall be determined by the BBRS. 780 CMR 108.0 RULES AND REGULATIONS
108.1 Rule making authority: Under authority granted by St. 1984, c. 348, as amended, the BBRS is empowered in the interest of public safety, health
and general welfare, to adopt and promulgate rules
and regulations, and to interpret and implement the
provisions of 780 CMR to secure the intent thereof. 108.2 Amendments and promulgation of rules:
In accordance with the provisions of M.G.L. c. 143,
§ 97, any person may propose amendments to
780 CMR. Public hearings shall be held in the city of Boston in May and November of each year, and at such other times and places as the BBRS may determine, to consider petitions for such
amendments. Amendments adopted by the BBRS
shall be binding and have the full force and effect in
all cities and towns. 108.3 Activities requiring licenses, registration or certification:
108.3.1 Testing laboratories: A testing laboratory, branch laboratory and/or project laboratory shall not test concrete and/or concrete materials for use in structures subject to
construction control (780 CMR 116.0) and/or
controlled materials (780 CMR 17) unless
licensed by the BBRS in accordance with 780 CMR and 780 CMR R1: the Rules and Regulations for Licensing of Concrete Testing Laboratories.
108.3.2 Field technicians: A person shall not engage in the activities of field testing of concrete for use in structures subject to construction control (780 CMR 116.0) and/or controlled
materials (780 CMR 17) unless such person is
licensed by the BBRS in accordance with
780 CMR R2: the Rules and Regulations for Concrete Testing Personnel. 108.3.3 Manufactured buildings: No
individual, organization or firm shall be engaged
in the construction of manufactured buildings for
use in the Commonwealth of Massachusetts unless approved to construct same by the BBRS in accordance with 780 CMR R3.
108.3.4 Native Lumber: No individual, organization or firm shall engage in the production of native lumber for use in structures
within the Commonwealth of Massachusetts
unless registered by the BBRS in accordance with 780 CMR and 780 CMR R4: the Rules and Regulations Controlling the Use of Native Lumber.
108.3.5 Licensing of Construction Supervisors:
108.3.5.1 Except for those structures governed by Construction Control in 780 CMR 116.0, effective July 1, 1982, no individual shall be
engaged in directly supervising persons
engaged in construction, reconstruction, alteration, repair, removal or demolition involving any activity regulated by any provision of 780 CMR, unless said individual
is licensed in accordance the Rules and
Regulations for Licensing Construction
Supervisors as set forth in 780 CMR R5. No person shall be engaged in the supervision of the field erection of a manufactured building unless such person is
licensed in accordance with 780 CMR R5: The
Rules and Regulations for the Licensing of
Construction Supervisors. Exception: Any Home Owner performing
work for which a building permit is required
shall be exempt from the licensing
provisions of 780 CMR 108.3.5; provided that if a Home Owner engages a person(s) for hire to do such work, that such Home Owner shall act as supervisor. This
exception shall not apply to the field
erection of a manufactured buildings
constructed pursuant to 780 CMR 35 and 780 CMR R3. For the purposes of 780 CMR 108.3.5, a “Homeowner” is defined as follows: Person(s) who owns a
parcel of land on which he/she resides or
intends to reside, on which there is, or is intended to be, a one or two family dwelling, attached or detached structures accessory to such use and/or farm structures. A person
who constructs more than one home in a
two-year period shall not be considered a
home owner.
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108.3.5.2 Exemptions from Construction Supervisor License requirement: A construction supervisor’s license is not required for:
1. roofing, siding, erection of rooftop solar
collectors, construction of swimming pools, the erection of signs, installation of replacement windows not involving structural modifications, the erection of
tents;
2. projects which are subject to
construction control (section 116.0); 3. agricultural buildings which are not open to the public or otherwise made available for public use;
4. Massachusetts registered engineers and
Massachusetts registered architects provided such engineers and/or architects comply with the Construction Supervisor oversight requirements set forth in 780
CMR R5 generally and 780 CMR
R5.2.12, as applicable;
5. the practice of any trade licensed by agencies of the commonwealth (see M.G.L. c.112, §81R), provided that any such work is within the scope of said license,
including, but not limited to wiring,
plumbing gas fitting, fire protection
systems, pipefitting, HVAC and refrigeration equipment.
108.3.5.3 No municipality shall be prohibited
from requiring a license for those individuals engaged in directly supervising persons engaged in construction, reconstruction, alteration,
repair, removal or demolition in those categories of building and structures for which the BBRS does not require a license, provided that those municipalities which
have estab-lished licensing requirements for
construction supervisors prior to January 1, 1975, may maintain their existing licensing requirements.
108.3.6 Registration of Home Improvement
Contractors: In accordance with the provisions
of M.G.L. c. 142A, no home improvement contractor, or organization or firm shall be involved in the improvement of any existing owner occupied one to four family residential
building unless said home improvement
contractor has registered with the BBRS in
accordance with the rules and regulations for the registration of Home Improvement Contractors as set forth in 780 CMR R6.
108.3.7 Certification of Inspectors of Buildings,
Building Commissioners and Local Inspectors; The rules and regulations for the Certification of Inspectors of Buildings, Building Commissioners and Local Inspectors shall be as set forth in
780 CMR R7.
108.4 Enforcement: Whoever violates the provisions of 780 CMR 108.0 or any rules and regulations promulgated hereunder, or who falsifies
or counterfeits a license, registration or certification
issued by the BBRS, or who fraudulently issues or
accepts such a license, registration or certification shall be punished as provided in 780 CMR 118.0 or shall be subject to any other penalty provided for by law.
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780 CMR 109.0 APPROVAL
109.1 Approved materials and equipment: All
materials, equipment and devices approved by the
building official shall be constructed and installed in
accordance with such approval.
109.2 Used materials and equipment: Used
materials, equipment and devices which meet the
minimum requirements of 780 CMR for new
materials, equipment and devices shall be permitted;
however, the building official may require
satisfactory proof that such materials, equipment
and devices have been reconditioned, tested, and/or
placed in good and proper working condition prior
to approval.
109.3 Alternative materials and equipment:
109.3.1 General: The provisions of 780 CMR
are not intended to limit the appropriate use or
installation of materials, appliances, equipment or
methods of design or construction not specifically
prescribed by 780 CMR, provided that any such
alternative has been approved. Alternative
materials, appliances, equipment or methods of
design or construction shall be approved when the
building official is provided acceptable proof and
has determined that said alternative is satisfactory
and complies with the intent of the provisions of
780 CMR, and that said alternative is, for the
purpose intended, at least the equivalent of that
prescribed in 780 CMR in quality, strength,
effectiveness, fire resistance, durability and
safety. Compliance with specific performance
based provisions of 780 CMR, in lieu of a
prescriptive requirement shall also be permitted
as an alternate.
109.3.2 Evidence submitted: The building
official may require that evidence or proof be
submitted to substantiate any claims that may be
made regarding the proposed alternate.
109.3.3 Tests: Determination of acceptance
shall be based on design or test methods or other
such standards approved by the BBRS. In the
alternative, where the BBRS has not provided
specific approvals, the building official may
accept, as supporting data to assist in this
determination, duly authenticated engineering
reports, formal reports from nationally
acknowledged testing/ listing laboratories, reports
from other accredited sources. The costs of all
tests, reports and investigations required under
these provisions shall be borne by the applicant.
109.3.4 Approval by the Construction
Materials Safety Board: The building official
may refer such matters to the Construction
Materials Safety Board in accordance with
780 CMR 123.0 for approval.
780 CMR 110.0 APPLICATION FOR
PERMIT
110.1 Permit application: It shall be unlawful to
construct, reconstruct, alter, repair, remove or
demolish a building or structure; or to change the
use or occupancy of a building or structure; or to
install or alter any equipment for which provision is
made or the installation of which is regulated by
780 CMR without first filing a written application
with the building official and obtaining the required
permit therefor.
110.2 Temporary Structures:
110.2.1 General: A building permit shall be
required for temporary structures, unless
exempted by 780 CMR 110.3. Such permits shall
be limited as to time of service, but such
temporary construction shall not be permitted for
more than one year.
110.2.2 Special approval: All temporary
construction shall conform to the structural
strength, fire safety, means of egress, light,
ventilation, energy conservation and sanitary
requirements of 780 CMR as necessary to insure
the public health, safety and general welfare.
110.2.3 Termination of approval: The building
official may terminate such special approval and
order the demolition of any such construction at
the discretion of the building official.
110.3 Exemptions: A building permit is not
required for the following activities, such exemp-
tion, however, shall not exempt the activity from any
review or permit which may be required pursuant to
other laws, by-laws, rules and regulations of other
jurisdictions (e.g. zoning, conservation, etc.).
1. One story detached accessory buildings used
as tool or storage sheds, playhouses and similar
uses, provided the floor area does not exceed 120
square feet.
2. Fences six feet in height or less.
3. Retaining walls which, in the opinion of the
building official, are not a threat to the public
safety health or welfare and which retain less than
four feet of unbalanced fill.
4. Ordinary repairs as defined in 780 CMR 2.
Ordinary repairs shall not include the cutting
away of any wall, partition or portion thereof, the
removal or cutting of any structural beam, column
or other loadbearing support, or the removal or
change of any required means of egress, or
rearrangement of parts of a structure affecting the
egress requirements; nor shall ordinary repairs
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include addition to, alteration of, replacement or
relocation of any standpipe, water supply,
mechanical system, fire protection system, energy
conservation system or other work affecting
public health or general safety.
Note: Also see 780 CMR 903.1 (Exceptions 1.
and 2.).
5. Greenhouses: A building permit or notice to
the building official is not required for the con-
struction of greenhouses covered exclusively with
plastic film (in accordance with St. 1983, c. 671).
(This exemption does not apply if the greenhouse
is to be used for large assemblies of people or us-
es other than normally expected for this purpose.)
110.4 Form of application: The application for a
permit shall be submitted in such form as
determined by the building official but in all cases
shall contain, as a minimum, the information
required on the appropriate sample uniform building
permit application forms in Appendix B. The
application for a permit shall be accompanied by the
required fee as prescribed in 780 CMR 114.0 and
the construction documents as required in 780 CMR
110.7 and 110.8, where applicable and as required
by other sections of 780 CMR.
110.5 By whom application is made: Application
for a permit shall be made by the owner or lessee of
the building or structure, or agent of either. If
application is made other than by the owner, the
written authorization of the owner shall accompany
the application. Such written authorization shall be
signed by the owner and shall include a statement of
ownership and shall identify the owner’s authorized
agent, or shall grant permission to the lessee to
apply for the permit. The full names and addresses
of the owner, lessee, applicant and the responsible
officers, if the owner or lessee is a corporate body,
shall be stated in the application.
Note: It shall be the responsibility of the
registered contractor to obtain all permits neces-
sary for work covered by the Home Improvement
Contractor Registration Law, M.G.L. c. 142A.
An owner who secures his or her own permits for
such shall be excluded from the guaranty fund
provisions as defined in M.G.L. c. 142A. Refer
to 780 CMR R6 and M.G.L. c. 142A for
additional information regarding the Home
Improvement Contractor Registration Program.
110.6 The securing of a building permit by the
owner, or the owner’s authorized agent, to construct,
reconstruct, alter, repair, demolish, remove, install
equipment or change the use or occupancy of a
building or structure, shall not be construed to
relieve or otherwise limit the duties and responsibil-
ities of the licensed, registered or certified
individual or firm under the rules and regulations
governing the issuance of such license registration
or certification.
110.7 Construction documents: The application for
permit shall be accompanied by not less than three
sets of construction documents. The building official
is permitted to waive, or modify the requirements for
filing construction documents when the building
official determines that the scope of the work is of a
minor nature. When the quality of the materials is
essential for conformity to 780 CMR, specific
information shall be given to establish such quality,
and 780 CMR shall not be cited, or the term "legal"
or its equivalent used as a substitute for specific
information.
110.8 Engineering Details, Reports, Calculations,
Plans and Specifications: In the application for a
permit for buildings and structures subject to con-
struction control in 780 CMR 116.0, the construc-
tion documents shall contain sufficient plans and de-
tails to fully describe the work intended, including,
but not limited to all details sufficient to describe the
structural, fire protection, fire alarm, mechanical,
light and ventilation, energy conservation, architec-
tural access and egress systems. The building official
may require such calculations, descriptions narra-
tives and reports deemed necessary to fully describe
the basis of design for each system regulated by
780 CMR. In accordance with the provisions of
M.G.L. c. 143, § 54A all plans and specifications
shall bear the original seal and original signature of a
Massachusetts registered professional engineer or
registered architect responsible for the design,
except as provided in M.G.L. c. 143, § 54A and any
profession or trade as provided in M.G.L. c. 112,
§ 60L and M.G.L. c. 112, § 81R.
When such application for permit must comply
with the provisions of 780 CMR 4 or 780 CMR 9 or
780 CMR 34, the building official shall cause one
set of construction documents filed pursuant to
780 CMR 110.7 to be transmitted simultaneously to
the head of the local fire department for his file,
review and approval of the items specified in
780 CMR 903.0 as they relate to the applicable
sections of 780 CMR 4, 780 CMR 9 or 780 CMR
34. The head of the local fire department shall
within ten working days from the date of receipt by
him, approve or disapprove such construction
documents. If the head of the local fire department
disapproves such construction documents, he or she
shall do so, in writing citing the relevant sections of
noncompliance with 780 CMR or the sections of the
referenced standards of Appendix A. Upon the
request of the head of the local fire department, the
building official may grant one or more extensions
of time for such review provided, however, that the
total review by said head of the local fire department
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shall not exceed 30 Calendar days. If such approval,
disapproval or request for extension of time is not
received by the building official within said ten
working days, the building official may deem the
construction documents to be in full compliance
with the applicable sections of 780 CMR 4,
780 CMR 9 or 780 CMR 34 and, therefore approved
by the head of the local fire department.
110.9 Existing Buildings: The application for a
building permit to reconstruct, alter or change the
use or occupancy of existing buildings or structures
which are subject to construction control pursuant to
780 CMR 116.0, shall be accompanied by a building
survey where required by 780 CMR 34 and
Appendix F.
110.10 Site plan: A site plan shall be filed showing,
to scale, the size and location of all new
construction and all existing structures on the site,
distances from lot lines, the established street grades
and the proposed finished grades; and it shall be
drawn in accordance with an accurate boundary line
survey. In the case of demolition, the site plan shall
show all construction to be demolished and the
location and size of all existing structures and
construction that are to remain on the site or plot.
110.11 Independent Structural Engineering
Review:
110.11.1 As a condition for the issuance of a
building permit, the structural design of the
following described structures shall be reviewed
by an independent structural engineer to verify
that the design of the primary structure is
conceptually correct and that there are no major
errors in the design:
1. Buildings which are five stories or more in
height above the lowest floor, including stories
below grade.
2. Buildings which enclose a total volume of
400,000 cubic feet, including stories below
grade. The volume shall be measured using
the outside dimensions of the building.
3. Structures in Use Group A, or structures
which are partially in Use Group A, which will
be used for public assembly of 300 or more
persons.
4. Structures of unusual complexity or design
shall be determined by the BBRS. A building
official may apply to the BBRS for such a
determination on a specific structure.
Exemption:Temporary structures erected for a
period of one year or less.
110.11.2 Requirements for the review: The
independent structural engineering review shall
be in accordance with the requirements of
Appendix I.
110.11.3 Disputes between the structural
engineer responsible for the design of the
building or structure and the structural
engineering peer shall be resolved by the
structural peer review advisory committee in
accordance with 780 CMR 125.0.
110.12 Structures subject to control: In those
structures subject to control as required in 780 CMR
116.0, affidavits must be submitted with the permit
application that the individuals and testing laborato-
ries responsible for carrying out the duties specified
in 780 CMR 116.0 have been licensed by the BBRS.
110.13 Amendments to application: Subject to the
limitations of 780 CMR 110.14, amendments to a
plan, application or other records accompanying the
same shall be filed prior to the commencement of the
work for which the amendment to the permit is
sought or issued. Such amendments shall be deemed
part of the original application and shall be
submitted in accordance with 780 CMR 110.0.
110.14 Time limitation of application: An
application for a permit for any proposed work shall
be deemed to have been abandoned six months after
the date of filing, unless such application has been
diligently prosecuted or a permit shall have been
issued; except that the building official shall grant
one or more extensions of time for additional periods
not exceeding 90 days each if there is reasonable
cause and upon written request by the owner.
780 CMR 111.0 PERMITS
111.1 Action on application: The building official
shall examine or cause to be examined all applica-
tions for permits and amendments thereto within 30
days after filing thereof. If the application or the
construction documents do not conform to the
requirements of 780 CMR and all pertinent laws
under the building official’s jurisdiction, the
building official shall reject such application in
writing, stating the reasons therefor. If the building
official is satisfied that the proposed work conforms
to the requirements of 780 CMR and all laws and
ordinances applicable thereto, the building official
shall issue a permit therefor.
111.2 Zoning: In accordance with the provisions of
M.G.L. c. 40A or St. 1956, c. 665 as amended, no
permit for the construction, alteration, change of use
or moving of any building or structure shall be
issued if such building or structure or use would be
in violation of any zoning ordinance or by-law.
111.3 Railroad right-of-way: No permit to build a
structure of any kind on land formerly used as a
railroad right-of-way or any property appurtenant
thereto formerly used by any railroad company in
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the state shall be issued without first obtaining, after
public hearing, the consent in writing to the issuance
of such permit from the Secretary of the Executive
Office of Transportation and Construction, all in
accordance with M.G.L. c. 40, § 54A.
111.4 Water Supply: No permit shall be issued for
the construction of a building or structure which
would necessitate the use of water therein, unless a
supply of water is available therefor, either from a
water system operated by a city, town or district, or
from a well located on the land where the building or
structure is to be constructed, or from a water
corporation or company, as required by M.G.L.
c. 40, § 54.
111.5 Debris: As a condition of issuing a permit for
the demolition, renovation, rehabilitation or other
alteration of a building or structure, M.G.L. c. 40,
§ 54 requires that the debris resulting therefrom
shall be disposed of in a properly licensed solid
waste disposal facility as defined by M.G.L. c. 111,
§ 150A. Signature of the permit applicant, date and
number of the building permit to be issued shall be
indicated on a form provided by the building
department, and attached to the office copy of the
building permit retained by the building department.
If the debris will not be disposed of as indicated,
the holder of the permit shall notify the building
official, in writing, as to the location where the
debris will be disposed.
111.6 Workers’ Compensation: No permit shall
be issued to construct, reconstruct, alter or demolish
a building or structure until acceptable proof of
insurance pursuant to M.G.L. c. 152, § 25C(6) has
been provided to the building official.
111.7 Hazards to air navigation: Application for
building new structures or adding to existing
structures within airport approaches as defined in
M.G.L. c. 90, §35B and any amendments thereto or
language substituted therefor, must include a
certification by the applicant that;
1. Either a permit from the Massachusetts
Aeronautics Commission is not required because
the structure is, or will be; a) In an area subject to
airport approach regulations adopted pursuant to
M.G.L. c. 90, §§ 40A through 40I, or; b) in an
approach to Logan International Airport, or; c)
less than 30 feet above ground level, or;
2. A permit from the Massachusetts Aeronautics
Commission is required pursuant to M.G.L. c. 90,
§ 35B and a copy of said permit is enclosed with
the application.
Applications for permits to build a new structure or
add to an existing structure requiring the filing of a
Notice of Proposed Construction or Alteration (FAA
Form 7460-1) with the Federal Aviation
Commission shall mail a copy of the completed
FAA Form 7460-1 to the Massachusetts Aeronautic
Commission within three business days after
submitting said form to the FAA.
111.8 Expiration of permit: Any permit issued
shall be deemed abandoned and invalid unless the
work authorized by it shall have been commenced
within six months after its issuance; however, for
cause, and upon written request of the owner, one or
more extensions of time, for periods not exceeding
six months each, may be granted in writing by the
building commissioner or inspector of buildings.
Work under such a permit in the opinion of the
building commissioner or inspector of buildings,
must proceed in good faith continuously to
completion so far as is reasonably practicable under
the circumstances. It is the sole responsibility of the
owner to inform, in writing, the building
commissioner or inspector of buildings of any facts
which support an extension of time. The building
commissioner or inspector of buildings has no
obligation under 780 CMR 111.7 to seek out
information which may support an extension of time.
The owner may not satisfy this requirement by
informing any other municipal and/or state official
or department.
For purposes of 780 CMR 111.7 any permit
issued shall not be considered invalid if such
abandonment or suspension of work is due to a court
order prohibiting such work as authorized by such
permit; provided, however, in the opinion of the
building commissioner or inspector of buildings, the
person so prohibited by such court order, adequately
defends such action before the court.
111.9 Previous approvals: 780 CMR shall not
require changes in the construction documents,
construction or designated use group of a building
for which a lawful permit has been heretofore issued
or otherwise lawfully authorized, and the
construction of which has been actively prosecuted
within 180 days after the effective date of 780 CMR
and is completed with dispatch.
111.10 Signature to permit: The building official's
signature shall be attached to every permit; or the
building official shall authorize a subordinate to
affix such signature thereto.
111.11 Approved construction documents: When
the building official has determined that the
proposed construction conforms to the provisions of
780 CMR and other applicable laws, by-laws, rules
and regulations under his/her jurisdiction, the
building official shall stamp or endorse in writing
the three sets of construction documents
"Approved". One set of the approved construction
documents shall be retained by the building official,
one set by the head of the local fire department and
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the other set shall be kept at the construction site,
open to inspection of the building official or an
authorized representative at all reasonable times.
111.12 Revocation of permits: The building
official shall revoke a permit or approval issued
under the
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provisions of 780 CMR in case of any false
statement or misrepresentation of fact in the
application or on the plans on which the permit or
approval was based.
111.13 Approval in part: The building official may
issue a permit for the construction of foundations or
any other part of a building or structure before the
construction documents for the whole building or
structure have been submitted, provided that
adequate information and detailed statements have
been filed complying with all of the pertinent
requirements of 780 CMR. Work shall be limited to
that work approved by the partial approval and
further work shall proceed only when the building
permit is amended in accordance with 780 CMR
110.13. The holder of such permit for the
foundation or other parts of a building or structure
shall proceed at the holder's own risk with the
building operation and without assurance that a
permit for the entire building or structure will be
granted.
111.14 Posting of permit: A true copy of the
building permit shall be kept on the site of
operations, open to public inspection during the
entire time of prosecution of the work and until the
completion of the same.
111.15 Notice of start: At least 24-hour notice of
start of work under a building permit shall be given
to the building official.
780 CMR 112.0 DEMOLITION OF
STRUCTURES
112.1 Service connections: Before a building or
structure is demolished or removed, the owner or
agent shall notify all utilities having service
connections within the structure such as water,
electric, gas, sewer and other connections. A permit
to demolish or remove a building or structure shall
not be issued until a release is obtained from the
utilities, stating that their respective service
connections and appurtenant equipment, such as
meters and regulators, have been removed or sealed
and plugged in a safe manner.
All debris shall be disposed of in accordance with
780 CMR 111.5.
112.2 Notice to adjoining owners: Only when
written notice has been given by the applicant to the
owners of adjoining lots and to the owners of wired
or other facilities, of which the temporary removal is
necessitated by the proposed work, shall a permit be
granted for the removal of a building or structure.
112.3 Lot regulation: Whenever a building or
structure is demolished or removed, the premises
shall be maintained free from all unsafe or
hazardous conditions by the proper regulation of the
lot, restoration of established grades and the erection
of the necessary retaining walls and fences in
accordance with the provisions of 780 CMR 33.
780 CMR 113.0 CONDITIONS OF PERMIT
113.1 Payment of fees: A permit shall not be issued
until the fees prescribed in 780 CMR 114.0 have
been paid.
113.2 Compliance with code: The permit shall be a
license to proceed with the work and shall not be
construed as authority to violate, cancel or set aside
any of the provisions of 780 CMR or any other law
or regulation, except as specifically stipulated by
modification or legally granted variation as
described in the application.
113.3 Compliance with permit: All work shall
conform to the approved application and the
approved construction documents for which the
permit has been issued and any approved
amendments to the approved application or the
approved construction documents.
113.4 Compliance with site plan: All new work
shall be located strictly in accordance with the
approved site plan.
780 CMR 114.0 FEES
114.1 General: A permit to begin work for new
construction, alteration, removal, demolition or other
building operation shall not be issued until the fees
prescribed in 780 CMR 114.0 shall have been paid
to the department of building inspection or other
authorized agency of the jurisdiction, nor shall an
amendment to a permit necessitating an additional
fee be approved until the additional fee has been
paid.
114.2 Special fees: The payment of the fee for the
construction, alteration, removal or demolition for
all work done in connection with or concurrently
with the work contemplated by a building permit
shall not relieve the applicant or holder of the permit
from the payment of other fees that are prescribed by
law or ordinance for water taps, sewer connections,
electrical permits, erection of signs and display
structures, marquees or other appurtenant
structures, or fees of inspections, certificates of
occupancy or other privileges or requirements, both
within and without the jurisdiction of the department
of building inspection.
114.3 New construction and alterations: The fees
for plan examination, building permit and
inspections shall be as prescribed in 780 CMR
114.3.1 and the building official is authorized to
establish by approved rules a schedule of unit rates
for buildings and structures of all use groups and
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types of construction as classified and defined in
780 CMR l, 3 and 6.
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114.3.1 Fee schedule: A fee for each plan
examination, building permit and inspection shall
be paid in accordance with the fee schedule as
established by the municipality.
114.4 Accounting: The building official shall keep
an accurate account of all fees collected; and such
collected fees shall be deposited in the jurisdiction
treasury in accordance with procedures established
by the municipality, or otherwise disposed of as
required by law.
780 CMR 115.0 INSPECTION
115.1 Preliminary inspection: Before issuing a
permit, the building official shall, if deemed
necessary, examine or cause to be examined all
buildings, structures and sites for which an
application has been filed for a permit to construct,
enlarge, alter, repair, remove, demolish or change
the use or occupancy thereof.
115.2 Required inspections: After issuing a
building permit, the building official shall conduct
inspections during construction at intervals
sufficient to ensure compliance with the provisions
of 780 CMR. The building official shall inform the
applicant of the required points of inspection at the
time of application. Upon completion of the work
for which a permit has been issued, the building
official shall conduct a final inspection pursuant to
780 CMR 115.5. A record of all such examinations
and inspections and of all violations of 780 CMR
shall be maintained by the building official. For
buildings and structures subject to construction
control, the owner shall provide for special
inspections in accordance with 780 CMR 1705.0.
In conjunction with specific construction projects,
the building official may designate specific
inspection points in the course of construction that
require the contractor or builder to give the building
official 24 hours notice prior to the time when those
inspections need to be performed. The building
official shall make the inspections within 48 hours
after notification.
115.3 Approved inspection agencies: The building
official may accept reports of approved inspection
agencies provided such agencies satisfy the
requirements as to qualifications and reliability.
115.4 Plant inspection: Where required by the
provisions of 780 CMR or by the approved rules,
materials or assemblies shall be inspected at the
point of manufacture or fabrication in accordance
with 780 CMR 1703.3.
115.5 Final inspection: Upon completion of the
building or structure, and before issuance of the
certificate of occupancy required by 780 CMR
120.0, a final inspection shall be made. All
variations of the approved construction documents
and permit shall be noted and the holder of the
permit shall be notified of the discrepancies.
115.6 General: In the discharge of his duties, the
building official shall have the authority to enter at
any reasonable hour any building, structure or
premises in the municipality to enforce the
provisions of 780 CMR.
If any owner, occupant, or other person refuses,
impedes, inhibits, interferes with, restricts, or
obstructs entry and free access to every part of the
structure, operation or premises where inspection
authorized by 780 CMR is sought, the building
official, or state inspector may seek, in a court of
competent jurisdiction, a search warrant so as to
apprize the owner, occupant or other person
concerning the nature of the inspection and
justification for it and may seek the assistance of
police authorities in presenting said warrant.
115.7 Identification: The building official shall
carry proper identification when inspecting
structures or premises in the performance of duties
under 780 CMR.
115.8 Jurisdictional cooperation: The assistance
and cooperation of police, fire, and health
departments and all other officials shall be available
to the building official as required in the
performance of his duties.
115.9 Coordination of inspections: Whenever in
the enforcement of 780 CMR or another code or
ordinance, the responsibility of more than one
building official of the jurisdiction is involved, it
shall be the duty of the building officials involved to
coordinate their inspections and administrative
orders as fully as practicable so that the owners and
occupants of the building or structure shall not be
subjected to visits by numerous inspectors or
multiple or conflicting orders. Whenever an
inspector from any agency or department observes
an apparent or actual violation of some provision of
some law, ordinance or code not within the
inspector's authority to enforce, the inspector shall
report the findings to the building official having
jurisdiction.
780 CMR 116.0 REGISTERED
ARCHITECTURAL AND
PROFESSIONAL ENGINEERING
SERVICES - CONSTRUCTION CONTROL
116.1 General: The provisions of 780 CMR 116.0
define the construction controls required for all
buildings and structures needing registered
architectural or registered professional engineering
services, and delineate the responsibilities of such
professional services together with those services
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that are the responsibility of the contractor during
construction.
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The following structures are exempt from the
requirements of 780 CMR 116.0;
1. Any building containing less than 35,000
cubic feet of enclosed space, measured to the ex-
terior surfaces of walls and roofs and to the top of
a ground supported floor, or in the case of a
crawl space, to the bottom surface of the crawl
space. In the case of basement floors or levels, the
calcula-tion of enclosed space shall include such
spaces.
2. Any single or two family dwelling or any
accessory building thereto;
3. Any building used exclusively for farm
purposes (this exemption does not apply if the
building is to be used for large assemblies of
people or uses other than farm purposes); and
4. Retaining walls less than ten feet in height at
all points along the wall as measured from the
base of the footing to the top of the wall.
Notwithstanding the exemptions above, professional
engineering services shall be required for activities
which are deemed to constitute the practice of
engineering as defined in M.G.L. c. 112, § 81D,
except as provided in M.G.L. c. 54A and any legally
required profession or as provided in M.G.L. c. 112,
§ 81R.
116.1.1 Specialized structures requiring
construction control: Telecommunication towers
and similar structures are engineered structures
and shall be subject to the requirements of
780 CMR 116.
116.2 Registered architectural and engineering
services:
116.2.1 Design: All plans, computations and
specifications involving new construction, altera-
tions, repairs, expansions or additions or change
in use or occupancy of existing buildings shall be
prepared by or under the direct supervision of a
Massachusetts registered architect or
Massachusetts registered professional engineer
and shall bear his or her original signature and
seal or by the legally recognized professional
performing the work, as defined by M.G.L.
c. 112, §81R. Said signature and seal shall
signify that the plans, computations and
specifications meet the applicable provisions of
780 CMR and all accepted engineering practices.
116.2.2 Architect/engineer responsibilities
during construction: The registered architects
and registered professional engineers who have
prepared plans, computations and specifications
or the registered architects or registered
professional engineers who have been retained to
perform construction phase services, shall
perform the following tasks for the portion of the
work for which they are directly responsible;
1. Review, for conformance to the design
concept, shop drawings, samples and other
submittals which are submitted by the
contractor in accordance with the requirements
of the construction documents.
2. Review and approval of the quality control
procedures for all code-required controlled
materials.
3. Be present at intervals appropriate to the
stage of construction to become, generally
familiar with the progress and quality of the
work and to determine, in general, if the work
is being performed in a manner consistent with
the construction documents.
116.2.3 Structural Tests and Inspections:
Structural tests and inspection shall be provided in
accordance with 780 CMR 1705.0.
116.2.4 Tests and Inspections of non structural
systems: Tests and inspections of non structural
systems shall be performed in accordance with
applicable engineering practice standards or
referenced standards listed in Appendix A.
116.3 Construction contractor services: The
actual construction of the work shall be the
responsibility of the general contractor as identified
on the approved building permit and shall involve
the following:
1. Execution of all work in accordance with the
approved construction documents.
2. Execution and control of all methods of
construction in a safe and satisfactory manner in
accordance with all applicable local, state, and
federal statutes and regulations.
3. Upon completion of the construction, he shall
certify to the best of his knowledge and belief that
such has been done in substantial accord with
780 CMR 116.3 items 1 and 2 and with all
pertinent deviations specifically noted.
116.4 On site project representation: When
applications for unusual designs or magnitude of
construction are filed, or where reference standards
require special architectural or engineering
inspections, the building official may require full-
time project representation by a registered architect
or professional engineer in addition to that provided
in 780 CMR 116.2.2. The project representative
shall keep daily records and submit reports as may
be required by the building official. Upon
completion of the work, the registered architect or
professional engineer shall file a final report
indicating that the work has been performed in
accordance with the approved plans and 780 CMR.
116.4.1 Building permit requirement: This on-
site project representation requirement shall be
determined prior to the issuance of the building
permit and shall be a requisite for the permit
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issuance. Refusal by the applicant to provide
such service as required by the building official
shall result in the denial of the permit. However,
the applicant may file an appeal as provided in
780 CMR 122.0.
116.4.2 Fee and costs: All fees and costs related
to the performance of on-site project
representation shall be borne by the owner.
116.5 Building official responsibility: Nothing
contained in 780 CMR 116.0 shall have the effect of
waiving or limiting the building official's authority
to enforce 780 CMR with respect to examination of
the contract documents, including plans,
computations and specifications, and field
inspections (see 780 CMR 106.0).
780 CMR 117.0 WORKMANSHIP
117.1 General: All work shall be conducted,
installed and completed in a workmanlike and
acceptable manner so as to secure the results
intended by 780 CMR.
780 CMR 118.0 VIOLATIONS
118.1 Unlawful acts: It shall be unlawful for any
person, firm or corporation to use, occupy or change
the use or occupancy of any building or structure or
to erect, construct, alter, extend, repair, remove,
demolish any building or structure or any equipment
regulated by 780 CMR, or cause same to be done, in
conflict with or in violation of any of the provisions
of 780 CMR.
118.2 Notice of violation: The building official
shall serve a notice of violation or order on the
person responsible for the erection, construction,
alteration, extension, repair, removal, demolition or
occupancy of a building or structure in violation of
the provisions of 780 CMR, or in violation of a
detail statement or a plan approved thereunder, or in
violation of a permit or certificate issued under the
provisions of 780 CMR. Such order shall be in
writing and shall direct the discontinuance of the
illegal action or condition and the abatement of the
violation.
118.3 Prosecution of violation: If the notice of
violation is not complied with in the time period
specified in said notice of violation, the building
official may institute the appropriate proceedings at
law or in equity to restrain, correct or abate such
violation or to require the removal or termination of
the unlawful occupancy of the building or structure
in violation of the provisions of 780 CMR or of the
order or direction made pursuant thereto.
118.4 Violation penalties: Whoever violates any
provision of 780 CMR, except any specialized code
referenced herein, shall be punishable by a fine of
not more than $1,000 or by imprisonment for not
more than one year, or both for each such violation.
Each day during which a violation exists shall
constitute a separate offense. The building official
shall not begin criminal prosecution for such
violations until the lapse of 30 days after the
issuance of the written notice of violation.
118.5 Abatement of violation: The imposition of
the penalties herein prescribed shall not preclude the
legal officer of the jurisdiction from instituting
appropriate action to prevent unlawful construction
or to restrain, correct or abate a violation, or to
prevent illegal occupancy of a building, structure or
premises or to stop an illegal act, conduct, business
or occupancy of a building or structure on or about
any premises.
118.6 Notice or orders, service and content:
Every notice or order authorized by 780 CMR shall
be in writing and shall be served on the person
responsible:
1. personally, by any person authorized by the
building official; or
2. by any person authorized to serve civil
process by leaving a copy of the order or notice at
the responsible party’s last and usual place of
abode; or
3. by sending the party responsibile a copy of the
order by registered or certified mail return receipt
requested, if he is within the Commonwealth; or
4. if the responsibile party’s last and usual place
of abode is unknown, by posting a copy of this
order or notice in a conspicuous place on or about
the premises in violation and by publishing it for
at least three out of five consecutive days in one
or more newspapers of general circulation
wherein the building or premises affected is
situated.
780 CMR 119.0 STOP WORK ORDER
119.1 Notice to owner: Upon notice from the
building official that work on any building or
structure is being prosecuted contrary to the
provisions of 780 CMR or in an unsafe and
dangerous manner or contrary to the approved
construction documents submitted in support of the
building permit application, such work shall be
immediately stopped. The stop work order shall be
in writing and shall be given to the owner of the
property involved, or to the owner's agent, or to the
person doing the work; and shall state the conditions
under which work will be permitted to resume.
119.2 Unlawful continuance: Any person who shall
continue any work in or about the building or
structure after having been served with a stop work
order, except such work as that person is directed to
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perform to remove a violation or unsafe condition,
shall be liable to a fine of not more than $1,000 or
by imprisonment for not more than one year, or both
for each such violation. Each day during which a
violation exists shall constitute a separate offense.
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780 CMR 120.0 CERTIFICATE OF
OCCUPANCY
120.1 General: New buildings and structures: A
building or structure hereafter shall not be used or
occupied in whole or in part until the certificate of
use and occupancy shall have been issued by the
building commissioner or inspector of buildings or,
when applicable, the state inspector. The certificate
shall not be issued until all the work has been
completed in accordance with the provisions of the
approved permits and of the applicable codes for
which a permit is required, except as provided in
780 CMR 120.3.
120.2 Buildings or structures hereafter altered:
A building or structure, in whole or in part, altered
to change from one use group to another; to a
different use within the same use group; the fire
grading; the maximum live load capacity; the
occupancy load capacity shall not be occupied or
used until the certificate shall have been issued
certifying that the work has been completed in
accordance with the provisions of the approved
permits and of the applicable codes for which a
permit is required. Any use or occupancy, which
was not discontinued during the work of alteration,
shall be discontinued within 30 days after the
completion of the alteration unless the required
certificate is issued.
120.3 Temporary occupancy: Upon the request of
the holder of a permit, a temporary certificate of
occupancy may be issued before the completion of
the entire work covered by the permit, provided that
such portion or portions shall be occupied safely
prior to full completion of the building or structure
without endangering life or public welfare. Any
occupancy permitted to continue during the work
shall be discontinued within 30 days after
completion of the work unless a certificate of
occupancy is issued by the building official.
120.4 Contents of certificate: When a building or
structure is entitled thereto, the building official
shall issue a certificate of occupancy within ten days
after written application. Upon completion of the
final inspection in accordance with 780 CMR 115.5
and correction of the violations and discrepancies,
and compliance with 780 CMR 903.4, the certificate
of occupancy shall be issued. The certificate of
occupancy shall specify the following.
1. The edition of the code under which the
permit was issued.
2. The use group and occupancy, in accordance
with the provisions of 780 CMR 3.
3. The type of construction as defined in
780 CMR 6.
4. The occupant load per floor.
5. Any special stipulations and conditions of the
building permit.
120.5 Posting structures:
120.5.1 Posted use and occupancy: A suitably
designed placard approved by the building official
shall be posted by the owner on all floors of every
building and structure and part thereof designed
for high hazard, storage, mercantile, factory and
industrial or business use (use groups H, S, M, F
and B) as defined in 780 CMR 3. Said placard
shall be securely fastened to the building or
structure in a readily visible place, stating: the
use group, the fire grading, the live load and the
occupancy load.
120.5.2 Posted occupancy load: A suitably
designed placard approved by the building official
shall be posted by the owner in every room where
practicable of every building and structure and
part thereof designed for use as a place of public
assembly or as an institutional building for
harboring people for penal, correctional,
educational, medical or other care or treatment, or
as residential buildings used for hotels, lodging
houses, boarding houses, dormitory buildings,
multiple family dwellings (use groups A, I, R-1
and R-2). Said placard shall designate the
maximum occupancy load.
120.5.3 Replacement of posted signs: All
posting signs shall be furnished by the owner and
shall be of permanent design; they shall not be
removed or defaced, and if lost, removed or
defaced, shall be immediately replaced.
120.5.4 Periodic inspection for posting: The
building official may periodically inspect all
existing buildings and structures except one and
two family dwellings for compliance with
780 CMR in respect to posting; or he may accept
the report of such inspections from a qualified
registered engineer or architect or others certified
by the BBRS; and such inspections and reports
shall specify any violation of the requirements of
780 CMR in respect to the posting of floor load,
fire grading, occupancy load and use group of the
building or structure.
780 CMR 121.0 UNSAFE STRUCTURES
121.1 General: The provisions of 780 CMR 121.0
are established by M.G.L. c. 143, §§ 6, 7, 8, 9 and
10.
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121.2 Inspection: The building official
immediately upon being informed by report or
otherwise that a building or other structure or
anything attached thereto or connected therewith is
dangerous to life or limb or that any building in that
city or town is unused, uninhabited or abandoned,
and open to the weather, shall inspect the same; and
he shall forthwith in writing notify the owner to
remove it or make it safe if it appears to him to be
dangerous, or to make it secure if it is unused,
uninhabited or abandoned and open to the weather.
If it appears that such building or structure would be
especially unsafe in case of fire, it shall be deemed
dangerous within the meaning hereof, and the
building official may affix in a conspicuous place
upon its exterior walls a notice of its dangerous
condition, which shall not be removed or defaced
without authority from him.
121.3 Removal or making structure safe: Any
person so notified shall be allowed until 12:00 noon
of the day following the service of the notice in
which to begin to remove such building or structure
or make it safe, or to make it secure, and he shall
employ sufficient labor speedily to make it safe or
remove it or to make it secure; but if the public
safety so requires and if the mayor or selectmen so
order, the building official may immediately enter
upon the premises with the necessary workmen and
assistants and cause such unsafe structure to be
made safe or demolished without delay and a proper
fence put up for the protection of passersby, or to be
made secure.
121.4 Failure to remove or make structure safe,
survey board, survey report: If an owner of such
unsafe structure refuses or neglects to comply with
the requirements of such notice within the specified
time limit, and such structure is not made safe or
taken down as ordered therein, a careful survey of
the premises shall be made by a board consisting; in
a city, of a city engineer, the head of the fire
department, as such term is defined in M.G.L.
c. 148, § 1, and one disinterested person to be
appointed by the building official; and, in a town of
a surveyor, the head of the fire department and one
disinterested person to be appointed by the building
official. In the absence of any of the above officers
or individuals, the mayor or selectmen shall
designate one or more officers or other suitable
persons in place of the officers so named as
members of said board. A written report of such
survey shall be made, and a copy thereof served on
such owner.
121.5 Removal of dangerous or abandoned
structures: If such survey report as outlined in
780 CMR 121.4 declares such structure to be
dangerous or to be unused, uninhabited or
abandoned, and open to the weather, and if the
owner continues such refusal or neglect, the
building official shall cause it to be made safe or
taken down or to be made secure; and, if the public
safety so requires, said building official may at once
enter the structure, the land on which it stands or the
abutting land or buildings, with such assistance as he
may require, and secure the same; and may remove
and evict, under the pertinent provisions of M.G.L.
c. 239, or otherwise, any tenant or occupant thereof;
and may erect such protection for the public by
proper fence or otherwise as may be necessary, and
for this purpose may close a public highway. In the
case of such demolition, the said building official
shall cause such lot to be leveled to conform with
adjacent grades by a inorganic fill. The costs and
charges incurred shall constitute a lien upon the land
upon which the structure is located, and shall be
enforced in an action of contract; and such owner
shall, for every day's continuance of such refusal or
neglect after being so notified, be punished by a fine
in accordance with 780 CMR 118.4. The provisions
of M.G.L. c. 139, § 3A, paragraph two, relative to
liens for such debt and the collection of claims for
such debt shall apply to any debt referred to in this
section, except that the said building official shall
act hereunder in place of the mayor or board of
selectmen. During the time such order is in effect, it
shall be unlawful to use or occupy such structure or
any portion thereof for any purpose.
121.6 Remedy of person ordered to remove a
dangerous structure or make it safe:
Notwithstanding the provisions of 780 CMR 122, an
owner, aggrieved by such order may have the
remedy prescribed by M.G.L. c. 139, § 2: provided
that any provision of M.G.L. c. 139, § 2 shall not be
construed so as to hinder, delay or prevent the
building official from acting and proceeding under
780 CMR 121; and provided, further, that this
section shall not prevent the city or town from
recovering the forfeiture provided in said 780 CMR
121.5 from the date of the service of the original
notice, unless the order is annulled by the jury.
121.7 Standards for making buildings safe or
secure: Any owner of a building who has been
notified that said building shall be made safe or
secure under 780 CMR 121.2, shall:
1. Remove all materials determined by the head
of the fire department or building official to be
dangerous in case of fire.
2. Secure all floors accessible from grade
utilizing one of the following methods so long as
such method is approved by the head of the fire
department and building official in writing:
a. Secure all window and door openings in
accordance with the U.S. Fire Administration,
National Arson Prevention Initiative Board Up
Procedures, continuously until such time as the
building is reoccupied; or
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b. Provide 24 hour watchman services,
continuously until such time as the building is
reoccupied; or
c. Provide a monitored intruder alarm system
at the perimeter of all floors accessible from
grade, continuously until such time as the
building is reoccupied.
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Said owner, as the case may be, shall notify the
building official that the approved method chosen
to secure the building has been incorporated.
Said owner shall allow the building official to
enter the building for an inspection to ascertain
that the building is secured and made safe. Said
owner shall allow the head of the fire department
to enter the building. The building official shall
be supplied with records of maintenance and
operation if the provisions of 780 CMR 121.7.2.b
or c. are used.
3. Maintain any existing fire alarms or sprinkler
systems unless written permission is obtained
from the head of the fire department in
accordance with M.G.L. c. 148, § 27A to shut off
or disconnect said alarms or systems.
4. Maintain utilities unless written permission is
obtained from the building official to disconnect
said utilities. Permission to disconnect utilities
shall not be granted if it will result in inadequate
heat to prevent freezing of an automatic sprinkler
system or inadequate utilities to maintain any
other protection systems.
5. The requirements of 780 CMR 121.7.1.
through 4. do not prevent a building official from
ordering or taking expeditious, temporary
security measures in emergency situations
pending the completion of the requirements of
780 CMR 121.7.1. through 4.
For the purposes of 780 CMR 121.7.5., an
"emergency situation” shall be defined as: an
unexpected incident, which by its very nature may
present a threat to public safety personnel who may
be required to affect a rescue effort or conduct fire
extinguishment operations.
Upon refusal or neglect of said owner to comply
with such notice, any building official acting under
the authority of 780 CMR 121.3 or 121.5, shall
cause to be secured all window and door openings
accessible from grade in accordance with the U.S.
Fire Administration, National Arson Prevention
Initiative Board-up Procedures or other equivalent
procedure approved by the head of the fire
department, continuously until such time as the
building is reoccupied.
Any building which has been made to conform to
the provisions of 780 CMR 121.7 during vacancy
may be reoccupied under its last permitted use and
occupancy classification, provided that any systems
which were disconnected or shut down during the
period of vacancy are restored to fully functional
condition and subject to 780 CMR 111.2 and
M.G.L. c. 40A. The local building official shall be
notified in writing prior to re-occupancy. If said
building is changed in use or occupancy or
otherwise renovated or altered it shall be subject to
the applicable provisions of 780 CMR 34.
121.8 Marking or identifying certain buildings
that are especially unsafe in the case of fire. Any
building official who determines that a building is
especially unsafe in case of fire under 780 CMR
121.2, shall notify the head of the fire department
about the existence of said building. The building
official, in cooperation with the head of the fire
department, shall cause said building to be marked
in accordance with the marking requirements
established by the Board of Fire Prevention
Regulations in 527 CMR 10.00.
780 CMR 122.0 BOARD OF APPEALS
122.1 State Building Code Appeals Board:
Except for actions taken pursuant to 780 CMR
121.0, whoever is aggrieved by an interpretation,
order, requirement, direction or failure to act under
780 CMR by any agency or official of the city, town
or region, or agency or official of the State charged
with the administration or enforcement of 780 CMR
or any of its rules or regulations, excepting any
specialized codes, may appeal directly to the State
Building Code Appeals Board as provided in
780 CMR 122.0.
Whoever is aggrieved by an interpretation, order,
requirement, direction or failure to act under
780 CMR by any agency or official of a city, town
or region charged with the administration or
enforcement of 780 CMR, excepting any specialized
codes, may appeal directly to the State Building
Code Appeals Board or may appeal first to a local or
regional building code appeals board and if
aggrieved thereby he may then appeal to the State
Building Code Appeals Board as provided in
780 CMR 122.0.
In the event an appeal is taken directly to the State
Building Code Appeals Board from an
interpretation, order, requirement or direction, said
appeal shall be filed as specified in 780 CMR
122.3.1 with the State Building Code Appeals Board
not later than 45 days after the service of notice
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thereof of the interpretation, order, requirement or
direction.
In the event the appeal is taken directly to the
State Building Code Appeals Board for the failure to
act, the appeal shall be taken not later than 45 days
after a request to act has been made by the
aggrieved person in writing and served upon the
appropriate building official or chief administrative
officer of the state or local agency which fails to act.
If the aggrieved person elects to appeal before the
local or regional building code appeals board, he
shall not be allowed to enter such appeal with the
State Building Code Appeals Board until such time
as the said local or regional board renders a
decision, unless the reason for appeal to the State
Building Code Appeals Board is the failure of the
local or regional board to act.
122.2 Membership:
122.2.1 Three member panel: The State
Building Code Appeals Board (hereinafter
referred to in 780 CMR 122.0 as the Board) shall
consist of the membership of the BBRS. The
chairman of the BBRS shall be Chairman of the
Board. The Chairman of the Board may
designate any three members of the Board to act
as a three member panel to hold any public
hearing under 780 CMR 122.0 and to hear
testimony and take evidence. The Chairman of
the Board shall select one of the three members to
act as chairman of the said three member panel.
If a three member panel is so designated, the three
member panel shall act as the Appeals Board and
render a decision as provided in 780 CMR 122.0.
122.2.2 Clerk: The administrator of the BBRS
shall designate a clerk to the BBRS. The clerk
shall keep a detailed record of all decisions and
appeals and a docket book on file showing the
name of each appeal properly indexed and the
disposition of the appeal. Said docket book shall
be open to public inspection at all times during
normal business hours.
122.2.3 Quorum: A majority of the Board shall
constitute a quorum if the appeal is heard by the
entire Board.
122.3 Appeals procedure for State Building
Code Appeals Board:
122.3.1 Entry: Appeals shall be entered on
forms provided by the BBRS and shall be
accompanied by an entry fee of $150 or such
other amounts as may be determined by the
BBRS from time to time.
The appeal shall be signed by the appellant or
his attorney or agent and shall note the name and
address of the person or agency in whose behalf
the appeal is taken and the name of the person
and address wherein service of notice for the
appellant is to be made. The appeal shall also
state in detail the interpretation, order,
requirement, direction or failure to act which are
the grounds of the appeals as well as the particular
section or sections of 780 CMR which are
involved in the appeal and the reasons for the
appellant advances supporting the appeal.
A copy of the appeal shall be served in
accordance with 780 CMR 118.6 by the appellant
on the person or state, regional or local agency
from whose action or inaction the appeal is taken,
on or before entry of the appeal. An affidavit,
under oath, that such copy has been served shall
be filed with the Board forthwith by the appellant.
122.3.2 Stay of Proceedings: Entry of an appeal
shall stay all proceedings in furtherance of the
action or failure to act appealed from, unless the
state, regional or local agency or any person
charged with the administration or enforcement of
780 CMR presents evidence and the Board or a
three member panel or a single member of the
Board, appointed by the chairman for said
purpose, finds that upon the evidence presented a
stay would involve imminent peril to life or
property. In such an event, stay of all proceedings
shall be waived or the Board or three member
panel or single member may order such other
action necessary to preserve public safety.
Before waiving the stay or proceedings, the
Board or three member panel or single member of
the Board, appointed by the chairman for said
purpose, shall hold a hearing and give the
appellant and state, regional or local agency or
any person claiming that a stay would involve
imminent peril to life or property, notice in
writing of the hearing not less than 24 hours
before said hearing.
122.3.3 Documents: Upon entry, the clerk shall
request in writing from the state, city, regional or
town officer in charge of the matter on appeal, a
copy of the record and all other papers and
documents relative to the appeal to be transmitted
forthwith to the Board. Said state, city, regional
or town officer shall upon receipt of the request of
the Board transmit forthwith all the papers and
documents and a copy of the record relating to the
matter on appeal.
122.3.4 Hearings: The chairman of the Board
shall fix a convenient time and place for a public
hearing. Said hearings shall be held not later than
30 days after the entry of such appeal, unless such
time is extended by agreement with the appellant.
Any such party may appear in person or by agent
or attorney at such hearing. The chairman or
clerk shall give notice of the time and place of
said hearing to all parties to the hearing and to
anyone else requesting notice in writing at least
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ten days prior thereto. Failure to hold a public
hearing within 30 days shall not affect the
validity of the appeal or any decision rendered.
The Board or three member panel in its hearings
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conducted under this section shall not be bound
by strict rules of evidence prevailing in courts of
law or equity.
122.3.5 Conduct of Hearing: Hearing shall be
conducted in accordance with the informal/fair
hearing rules as set forth in 801 CMR 1.02.
122.4 Decisions:
122.4.1 Votes required: If the appeal is
conducted by a three member panel, then the
concurrence of two of the three members holding
the public hearing shall be required. If the appeal
is conducted by the entire Board, then a majority
vote of those hearing the case shall be required.
122.4.2 Standard: The Board or a three member
panel may vary the application of any provision
of 780 CMR in any particular case, may
determine the suitability of alternate materials
and methods of construction, and provide
reasonable interpretations of the provisions of
780 CMR; provided that the Board or a three-
member panel finds that the decision to grant a
variance shall not conflict with the general
objectives set forth M.G.L. c. 143, § 95 or with
the general objectives of 780 CMR.
122.4.3 Time for decision: The Board shall
within 30 days after such hearing, unless such
time is extended by agreement of the parties,
issue a decision or order reversing, affirming or
modifying in whole or in part the order,
interpretation, requirement, direction or failure to
act which is the subject matter of the appeal.
Failure to render a decision within 30 days
shall not affect the validity of any such decision
or appeal.
Notice of and a copy of the decision shall be
sent by the clerk to all parties to the appeal and
anyone requesting in writing a copy of the
decision.
122.4.4 Contents of decision: All decisions
shall be in writing and state findings of fact,
conclusions and reasons for decisions. Every
decision shall indicate thereon the vote of each
member and shall be signed by each member
voting. A decision shall not be considered by any
person or agency as a precedent for future
decisions.
122.4.5 Additional powers: The Board or a
three member panel may impose in any decision,
limitations both as to time and use, and a
continuation of any use permitted may be
conditioned upon compliance with future
amendments to 780 CMR.
122.5 Enforcement: Upon receipt of the decision
of the Board or a three member panel, the parties to
the appeal shall take action forthwith to comply with
the decision unless a later time is specified in the
decision.
122.6 Appeals from State Building Code Appeals
Board: Any person aggrieved by a decision of the
State Building Code Appeals Board may appeal to a
court of law or equity in conformance with M.G.L.
c. 30A, § 14.
122.7 Local and regional board of appeals:
122.7.1 Local or regional board of appeals:
Whoever is aggrieved by an interpretation, order,
requirement, direction or failure to act under
780 CMR by any agency or official of a city,
region or town charged with the administration or
enforcement of 780 CMR or any of its rules and
regulations may appeal first to the appeals board
in that city, region or town or to the State
Building Code Appeals Board as provided in
780 CMR 122.0.
In the event an appeal is taken from an
interpretation, order, requirement or direction,
said appeal shall be filed with the local or regional
appeals board not later than 45 days after the
service of notice thereof of the interpretation,
order, requirement or direction.
In the event the appeal is taken for the failure
to act, the appeal shall be taken not later than 45
days after a request to act has been made by the
aggrieved person in writing and served to the
appropriate building official or chief
administrative officer of the city, regional or town
agency which fails to act.
122.7.2 Membership: Any building code board
of appeals duly established by ordinance or by
law or otherwise in a city, region or town and in
existence on January 1, 1975, shall qualify as a
local board of appeals under 780 CMR 122.0
notwithstanding anything to the contrary
contained herein. However, the procedure and
rights for appeals for such board of appeals shall
be governed by 780 CMR.
If a city, region or town had not duly
established by ordinance or bylaw or otherwise a
local or regional building code appeals board
prior to January 1, 1975, said city, region or town
may establish a local or regional board of appeals,
hereinafter referred to as the local board of
appeals, consisting of five members appointed by
the chief administrative officer of the city, region
or town: one member appointed for five years,
one for four years, one for three years, one for two
years and one to serve for one year; and thereafter
each new member to serve for five years or until
his successor has been appointed.
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122.7.3 Qualifications of local board
members: Each member of a local board of
appeals established under 780 CMR 122.7.2 shall
have had at least five years experience in the
construction, alteration, repair and maintenance
of building and building codes. At least one
member shall be a registered structural or civil
professional engineer and one member a licensed
registered architect.
122.7.4 Chairman of local or regional board:
The board shall select one of its members to serve
as chairman and a detailed record of all
proceedings shall be kept on file in the building
department.
122.7.5 Absence of members: During the
absence of a member of a local board of appeals
for reason of disability or disqualification, the
chief administrative officer of the city, region or
town shall designate a substitute who shall meet
the qualifications as outlined in 780 CMR
122.7.3.
122.7.6 Quorum: A quorum shall be three
members.
122.7.7 Procedures: Entry of appeals shall be
governed by 780 CMR 122.3.1 excepting that a
city, region or town may set its own entry fee.
Upon notice of entry of appeal the local
building commissioner or inspector of buildings
shall transmit a copy of the record and all the
papers and documents to the local board of
appeals.
Entry of an appeal shall stay all proceedings in
furtherance of the action or failure to act appealed
from, unless the building commissioner or
inspector of buildings certifies in writing to the
local board of appeals that a stay would involve
imminent peril to life or property. Notice in
writing of such certification by the building
commissioner or inspector of buildings shall be
given the appellant at least 24 hours prior to the
hearing. In such an event a hearing on such stay
shall be given first priority and be the first matter
heard by the local board of appeals at its next
scheduled meeting. The hearing on the appeal
shall be held as soon as possible thereafter in
accordance with 780 CMR 122.7.8.
The local board of appeals may establish its
own rules for procedure not established herein or
not inconsistent with 780 CMR or with the
general objectives set forth in M.G.L. c. 143,
§ 95.
122.7.8 Hearings: All hearings shall be public
and notice of said hearings shall be advertised in
a newspaper of general circulation in the city,
region or town in which the appeal is taken at
least ten days before said hearing. Notice of the
hearing, setting forth the date and time of said
hearing, shall be mailed by the local board of
appeals to all parties and all those who requested
notice in writing at least 14 days before said
hearing. Said hearings shall be held not later than
30 days after the entry of such appeal, unless such
time is extended by agreement with the appellant.
This section as it pertains to notice shall not
apply to hearings on a stay as provided in
780 CMR 122.7.7.
122.7.9 Decisions of local boards: A concurring
vote of a majority of all the members present shall
be required for any decision. The local board of
appeals may vary the application of 780 CMR to
any particular case, may consider the suitability of
alternate materials and methods of construction
and may provide reasonable interpretations of the
provisions of 780 CMR; provided that the
decision of the local board shall not conflict with
the general objectives of 780 CMR or with the
general objectives of M.G.L. c. 143, § 95. The
local board of appeals may impose, in any
decision, limitations both as to time and use, and a
continuation of any use permitted may be
conditioned upon compliance with future
amendments to 780 CMR.
122.7.10 Time for decision: The board shall
within 30 days after such hearing, unless such
time is extended by agreement of the parties, issue
a decision or order reversing, affirming or
modifying in whole or in part the order,
interpretation, requirement, direction or failure to
act which is the subject matter of the appeal.
Failure to render a decision within 30 days
shall not affect the validity of any such decision
or appeal.
Notice of and a copy of the decision shall be
sent by the clerk to all parties to the appeal and to
anyone requesting in writing a copy of the
decision.
122.7.11 Contents of decision: All decisions
shall be in writing and state findings of fact,
conclusions and reasons for the decisions. Every
decision shall indicate thereon the vote of each
member and shall be signed by each member
voting. Any decision shall not be considered by
any person or agency as a precedent for future
decisions.
122.7.12 Copy of decision: A copy of any
decision by a local board of appeals shall be
transmitted to the State Building Code Appeals
Board within ten days after the rendering of such
decision. If the State Building Code Appeals
Board disapproves of the said decision of the local
board, it may on its own motion appeal from the
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decision of the local board of appeals according
to 780 CMR 122.0 and call for a hearing de novo.
If the State Building Code Appeals Board does
not notify the local board in writing within 45
days from the date of the local board's decision,
the said decision shall be deemed approved;
provided that the decision shall not conflict with
the general objectives of the state building code
and the objectives of M.G.L. c. 143, § 95.
122.7.13 Enforcement of decision: If said
decision is approved by the State Building Code
Appeals Board, all parties to the appeal shall take
immediate action in accordance with the decision
of the local board unless the person aggrieved by
such decision appeals to the State Building Code
Appeals Board as provided in 780 CMR 122.0.
122.7.14 Review: Any person, including the
State Building Code Appeals Board, aggrieved by
a decision of the local board of appeals, whether
or not a previous party to the decision, or any
municipal officer or official board of the
municipality, may, not later than 45 days after the
mailing of the decision of the local board, apply
to the State Building Code Appeals Board for a
hearing de novo before the State Board, in
accordance with the regulations contained in
780 CMR 122.0.
780 CMR 123.0 CONSTRUCTION
MATERIALS SAFETY BOARD
123.1 Membership: There shall be a board under
the control of the BBRS called the Construction
Materials Safety Board, hereafter in 780 CMR 123.0
called the CMSB which shall consist of nine
members, one of whom shall be a member of the
BBRS who shall be ex-officio and a voting member
of the Board and eight members to be appointed by
the chairman of the BBRS: one of whom shall be a
registered professional engineer who is a structural
engineer; one of whom shall be a registered
architect; one of whom shall be a representative of a
commercial testing laboratory; one of whom shall
be a representative of a public testing laboratory;
two of whom shall be representatives from the
construction industry; one of whom shall be a
member of a university faculty engaged in research
and teaching in structural materials; and one of
whom shall be a member of a university faculty
engaged in research and teaching in the area of
theoretical and applied mechanics.
123.2 Duties: The CMSB will review applications
for registration or licensing of individuals,
laboratories or firms responsible for the inspection,
control and testing of construction materials, and
review applications and pertinent data relevant to all
materials, devices, products and methods of
construction not included in 780 CMR; and report to
the BBRS their recommendations. The CMSB will
collect information and review cases where
disciplinary action against an existing license,
whether an individual, laboratory or firm, has been
proposed; and make recommendations to the BBRS.
The BBRS will issue applications, receive payment
for the review of such applications and approvals,
registration and licensing fees, and maintain records
for the efficient dispatch of the duties of the CMSB.
123.3 Testing and evaluation groups: The BBRS
shall establish and maintain testing and evaluation
groups who will have the responsibility of
administering and directing, under the supervision of
the BBRS, the testing and controls for evaluating
individual applicants, laboratories and firms wishing
to become registered or licensed.
780 CMR 124.0 FIRE PREVENTION -FIRE
PROTECTION ADVISORY COMMITTEE
124.1 Constitution of the Fire Prevention - Fire
Protection Advisory Committee: There shall be a
Committee under the control of the BBRS called the
Fire Prevention - Fire Protection Advisory
Committee, hereinafter called the FPFP Advisory
Committee which shall consist of 17 members, two
of whom shall be members of the BBRS; one of
whom shall be the State Fire Marshal or his
designee; one of whom shall be the Commissioner of
the City of Boston Fire Department or his designee;
all four of whom shall be ex-officio and voting
members of the Committee, and 12 members to be
appointed by the chairman of the BBRS for a term of
one year; two of whom shall be representatives of
the Fire Chiefs Association of Massachusetts; two of
whom shall be representatives of the Fire Prevention
Association of Massachusetts; one of whom shall be
a representative of the International Municipal
Signalmen's Association; one of whom shall be a
member of the State Board of Fire Prevention
Regulations; one of whom shall be a member of the
Board of State Examiners of Electricians who
satisfies the requirements of that Board as a systems
contractor holding a certificate C license and is
actively engaged in the business of fire warning
systems; one of whom shall be a Massachusetts
building official; one of whom shall be a
Massachusetts registered Fire Protection Engineer;
one of whom shall be a Massachusetts registered
professional engineer or architect; one of whom
shall be a Massachusetts registered professional
engineer with specific experience in the design and
installation of smoke control systems. and; one of
whom shall be a sprinkler system installer who shall
be certified by the National Institute for Certification
in Engineering Technologies (NICET), and; one of
whom shall be a member proposed jointly by the
Massachusetts Burglar and Fire Alarm Association
and the Automatic Fire Alarm Association and the
Automatic Fire Alarm Association, New England.
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The FPFP Advisory Committee shall elect a
chairman and a vice chairman and each shall serve
for a term one year. A member of an agency or
board of the state shall not be eligible for the office
of chairman or vice chairman.
124.2 Purpose: The FPFP Advisory Committee
shall review and recommend to the BBRS changes
to 780 CMR relating to fire prevention and fire
protection and more specifically those matters
contained in 780 CMR 9.
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780 CMR 125.0 STRUCTURAL PEER REVIEW
ADVISORY COMMITTEE
125.1 Membership: There shall be a Board under
the control of the BBRS called the Structural Peer
Review Advisory Committee, which shall consist of
seven members, six of whom shall be professional
engineers, registered in Massachusetts, each having
a minimum of ten years of structural design
experience and shall be appointed by the BBRS
from nominations submitted by the Boston
Association of Structural Engineers, the Boston
Society of Civil Engineers and the American
Consulting Engineers Council of New England.
The seventh member shall be the structural engineer
member of the BBRS who shall serve as chairman
of said Advisory Board.
125.2 Quorum: The chairman of said Advisory
Committee shall appoint three of the members to
mediate the disputes by a majority vote of the three
members.
125.3 Purpose: The Structural Peer Review
Advisory Committee shall mediate any unresolved
disputes between the engineer of record and the
reviewing engineer which may result from the
independent structural engineer review specified in
780 CMR 110.11.
125.4 Procedure: The structural engineer of record
or the reviewing engineer or the owner or the
building official shall submit any unresolved
disputes cited in Appendix I-5 (3), to the Structural
Peer Review Advisory Committee on a form
provided for this purpose. Said Committee shall
convene a mediation hearing within 30 days from
the receipt of the application and render a decision in
writing within 30 days following the mediation
hearing.
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