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780 CMR 116 Unsafe StructuresMassachusetts State Building Code Section 116 Unsafe Structures 116.1 General. The provisions of this section are established by M.G.L. c. 143, §§ 3, 3A, and 59. 116.2 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. 116.3 Removal or Making Structure Safe. Any person so notified shall be allowed until 12:00 P.M. 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 passers-by, or to be made secure. 116.4 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. 116.5 Removal of Dangerous or Abandoned Structures. If such survey report as outlined in section 116.4 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 to adjacent grades with 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 section 114. 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. 116.6 Remedy of Person Ordered to Remove a Dangerous Structure or Make It Safe. Notwithstanding the provisions of section 114, 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 section 116; and provided, further, that this section shall not prevent the city or town from recovering the forfeiture provided in said section 116.5 from the date of the service of the original notice, unless the order is annulled by the jury. 116.7 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 section 116.2, 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 (www.usfa.dhs.gov/downloads/pdf/publications/napi4.pdf) continuously until such time as the building is reoccupied; or 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. 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 section 116.7.2.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 section 116.7.1. 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 section 116.7.1. through 4. For the purposes of section 116., 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 section 116.3 or 116.5, 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 section 116.7 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 section 105 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 section 34. 116.8 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 section 116.2, 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: Fire Prevention, General Provisions.