36-068 Mass code Phased Approval105.3.1 Action on Application. The building official shall examine or cause to be examined
applications for permits and amendments, and shall issue or deny the permit, within 30 days
of filing. If the application or the construction documents do not conform to the
requirements of this code and all pertinent laws (see note below) under the building official's
jurisdiction, the building official shall deny such application in writing, stating the reasons
therefore. The building official's signature shall be attached to every permit.
The following requirements, where applicable, must be satisfied before a building permit is
issued:
1. Zoning: in accordance with M.G.L. c. 40A or St. 1956, c. 665.
2. Railroad Right-of-way: in accordance with M.G.L. c. 40, § 54A.
3. Water Supply: in accordance with M.G.L. c. 40, § 54;
4. Debris Removal: in accordance with M.G.L. c. 40, § 54
5. Workers Compensation Insurance: in accordance with M.G.L. c. 152, § 25C(6).
6. Hazards to Air Navigation: in accordance with M.G.L. c. 90, § 3SB.
7. Construction in coastal dunes, see section Appendix G: Flood-resistant
Construction.
107.3.3 Phased Approval. The building official is authorized to 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 pertinent
requirements of this code. 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 structure will be granted.
R105.3.1.2 Add subsection:
R105.3.1.2 Other Requirements. The following requirements must be satisfied before a
building permit is issued:
Zoning: in accordance with M.G.L. c. 40A or St. 1956, c. 665.
Railroad Right-of-way: in accordance with M.G.L. c. 40, § 54A.
Water Supply: in accordance with M.G.L. c. 40, § 54; also refer to 310 CMR 22.00:
Drinking Water and/or 310 CMR 36.00: Massachusetts Water Resources Management
Program, when applicable.
Wastewater: in accordance with 310 CMR 15.00: The State Environmental Code, Title 5:
Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of
On-site Sewage Treatment and Disposal Systems and for the Transport and Disposal of
Septage and 314 CMR 3.00: Surface Water Discharge Permit Program, 5.00: Ground
Water Discharge Permit Program 7.00: Sewer System Extension and Connection Permit
Program, and 20.00: Reclaimed Water Permit Program and Standards
Debris Removal: in accordance with M.G.L. c. 40, § 54 and M.G.L. c. 111, § 150A; also
refer to DEP Regulations 310 CMR 7.09(2) and 310 CMR 7.15, when applicable.
Workers Compensation Insurance: in accordance with M.G.L. c. 152, § 25C(6).
Hazards to Air Navigation: in accordance with M.G.L. c. 90, § 35B.
Construction in Coastal Dunes: in accordance with M.G.L. c. 131, § 40 and the Coastal
Wetland regulations at 310 CMR 10.21 through 10.35.
R106.3.3 Phased approval. The building official is authorized
to 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 pertinent requirements
of this code. 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 structure will be granted.
Phased approval is needed for projects that use the
“fast track” construction method, which allows construction
to begin before completion of all of the plans
and specifications. Although it is preferable to issue
permits for projects in their entirety, the building official
has the authority to issue, at his or her discretion, a
permit for a portion of the construction. The building official
must be satisfied that the information provided
shows, in satisfactory detail, that the partial construction
will conform to the requirements of the code. In
such a case, the permit holder proceeds at his or her
own risk with the construction and has no assurance of
the entire permit ever being issued.
M.G.L. c. 40, § 54
Section 54. No building permit shall be issued for the construction of a building 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 is to be constructed, or from a water corporation or company, as defined
in section one of chapter one hundred and sixty-five.