18C-042 Zoning-Building-Stopwork info§ 350-4.8 Notice of violation and order.
A .The Building Commissioner shall serve a notice of violation and order to any owner or person responsible for the erection, construction, reconstruction, completion, conversion, or
alteration of a structure or change in use, increase in intensity of use or extension or displacement of use of any structure or lot in violation of a permit or certificate issued under
the provisions of this chapter, or in violation of any provision of this chapter, and such order shall direct the discontinuance of the unlawful action, use or condition and the abatement
of the violation within a time to be specified by the Building Commissioner. Any owner, who having been served with a notice, and who ceases any work or other activity, or who fails
to complete the structure, shall not leave any structure or lot in such conditions as to be a hazard or menace to the public safety, health, morals or general welfare.
SECTION 105 PERMITS
105.1 Required. 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
this code without first filing an application with the building official and obtaining the required
permit.
105.3 Application for Permit. To obtain a permit, the owner (see definition) or authorized
agent shall file a permit application on a form furnished by the building official for that purpose.
Standard application forms, along with application forms that some municipalities use, can be
found at www.mass.gov/dps. Such applications shall:
1. Identify and describe the work to be covered by the permit for which application is made.
2. Describe the land on which the proposed work is to be done by legal description, street
address or similar description that will readily identify and definitely locate the proposed
building or work.
3. Indicate the use and occupancy for which the proposed work is intended. If the work
involves a care facility or residence licensed by a State agency, indicate the agency name and
appropriate licensing regulation on the permit. For example: Department of Developmental
Services, 115 CMR.
4. Be accompanied by construction documents and other information as required in section
107. Construction documents shall list any additional building features required by a
Massachusetts state agency for its facilities that go beyond the requirements in this code.
5. State the valuation of the proposed work. The building official has authority to request
from the applicant a detailed substantiation of the valuation.
6. Be signed by the owner (see definition) or authorized agent.
7. Give such other data and information as required by the building official in accordance
with this code.
105.3.1 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.
105.6 Suspension or Revocation. The building official is authorized to suspend or revoke a
permit issued under the provisions of this code wherever the permit is issued in error or on the
basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or
regulation or any of the provisions of this code.
SECTION 114 VIOLATIONS
114.1 Unlawful Acts. It shall be unlawful for any person, firm or corporation to erect, construct,
alter, extend, repair, move, remove, demolish, occupy or change the use or occupancy of any
building, structure or equipment regulated by this code, or cause same to be done, in conflict
with or in violation of any of the provisions of this code.
114.2 Notice of Violation. The building official is authorized to serve a notice of violation or
order on the person responsible for the erection, construction, alteration, extension, repair,
moving, removal, demolition or occupancy of a building or structure in violation of the
provisions of this code, or in violation of a permit or certificate issued under the provisions of
this code. Such order shall direct the discontinuance of the illegal action or condition and the
abatement of the violation.
114.2.1 Notice Service and Content. Every notice or order authorized pursuant to 114.2
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 business or abode; or
3. By sending the party responsible or their agent authorized to accept service of process
in the Massachusetts a copy of the order by registered or certified mail return receipt
requested, if he is within the Massachusetts; or
4. If the responsible party's last and usual place of business or 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.
SECTION 115 STOP WORK ORDER
115.1 Authority. Whenever the building official finds any work regulated by this code being
performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the
building official is authorized to issue a stop work order.
115.2 Issuance. The initial stop work order may be verbal, but shall be in writing within 48
hours and shall cite the time and date of the verbal order and be given to the owner of the
property involved, or to the owner's agent, or to the person doing the work. Upon issuance of
a stop work order, the cited work shall immediately cease. The stop work order shall state the
reason for the order, and the conditions under which the cited work will be permitted to resume.
115.3 Unlawful Continuance. Any person who shall continue any work after having been
served with a stop work order, except such work as that person is directed to perform to remove
a violation or unsafe condition, shall be subject to penalties as prescribed by M.G.L. c. 143,
§ 94a. Each day during which a violation exists shall constitute a separate offense.