ADOPTS WITH AMENDMENTS:

International Building Code 2009 (IBC 2009)

Heads up: There are no amended sections in this chapter.

Part 1 — Scope and Application

101.1 Adoption and Title

AMENDMENT
This section has been amended at the state or city level.
The Board of Building Regulations and Standards (BBRS) adopts and incorporates by reference, the International Building Code, 2009 edition (IBC), including Appendices AA and A through J, and 780 CMR 110.R1 through 110.R7 and these together with modifications as set forth, shall collectively comprise the Massachusetts State Building Code (780 CMR), Eighth Edition, Base Volume, and referred to as "this code".

101.1.1 Appendix AA and Special Regulations

AMENDMENT
This section has been amended at the state or city level.
BBRS also adopts and incorporates by reference the International Energy Conservation Code, 2009 edition (IECC) with modifications as Appendix AA. Special Regulations unique to Massachusetts are found at 780 CMR 110.R1 through 110.R7.

101.2 Scope

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This section has been amended at the state or city level.

This code shall be the building code for all towns, cities, state agencies or authorities in accordance with M.G.L. c. 143, §§ 93 through 100. This code, and other referenced specialized codes as applicable, shall apply to:
  1. 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 Massachusetts Department of Transportation, the Massachusetts Bay Transportation Authority, the Department of Conservation and Recreation, or the Massachusetts Port Authority or for which said agencies have maintenance responsibility;
  2. the rehabilitation and maintenance of existing buildings;
  3. the standards or requirements for materials to be used in connection therewith, including but not limited to provisions for safety, ingress and egress, energy conservation and sanitary conditions; and
  4. other powers and duties found in M.G.L. c. 143, §§ 93 through 100, but not listed herein.
    Exception: Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures, and residences with five or fewer occupants that are operated or licensed by the Massachusetts Department of Developmental Services shall comply with 780 CMR 51.00: International Residential Code with MA amendments.
Provisions in the appendices shall not apply unless specifically adopted.
The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations.

101.4 Referenced Codes

AMENDMENT
This section has been amended at the state or city level.
Referenced codes include the specialized codes of M.G.L. c. 143, § 96 and other codes and regulations listed in 101.4.1 through 101.4.12 and shall be considered part of this code to the prescribed extent of each such reference.
Work regulated by the specialized codes of M.G.L. c. 143, § 96 shall be designed, installed and inspected by individuals authorized to do so in accordance with the specialized codes. However, the impact of work regulated by the specialized codes of M.G.L. c. 143, § 96 and other codes and regulations on work governed by this code and within the jurisdiction of the building official, shall be subject to inspection by the building official.

101.4.1 Gas and Fossil Fuel Burning Appliances

AMENDMENT
This section has been amended at the state or city level.
Reference to the International Fuel Gas Code shall be considered reference to 248 CMR: Board of State Examiners of Plumbers and Gas Fitters. Gas fired appliances are governed 248 CMR. Oil fired appliances are governed by 527 CMR 4.00: Oil Burning Equipment.

101.4.2 Mechanical

AMENDMENT
This section has been amended at the state or city level.
The provisions of the International Mechanical Code (IMC) shall apply to all mechanical systems except for that which is defined as sheet metal work by M.G.L. c. 112, § 237. The provisions of 271 CMR shall apply to all sheet metal work as defined by M.G.L. c. 112, § 237. Note: 527 CMR may cover certain fire protection requirements of the IMC.

101.4.3 Plumbing

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This section has been amended at the state or city level.
Reference to the International Plumbing Code shall be considered reference to 248 CMR: Board of State Examiners of Plumbers and Gas Fitters.

101.4.4 Property Maintenance

AMENDMENT
This section has been amended at the state or city level.
Reference to the International Property Maintenance Code shall be considered reference to this code (780 CMR) and within the jurisdiction of the building official. Also see 105 CMR 410.000: Minimum Standards of Fitness for Human Habitation (State Sanitary Code, Chapter II), which are enforced by the public health official.

101.4.5 Fire Prevention

AMENDMENT
This section has been amended at the state or city level.
Reference to sections of the International Fire Code (IFC) for fire prevention requirements shall be considered reference to 527 CMR: Board of Fire Prevention Regulations. The fire official enforces the provisions of 527 CMR. Reference to sections of the International Fire Code (IFC) 2009 Edition for building code requirements are adopted, except that retroactive requirements of the IFC are not adopted. The building official enforces 780 CMR and all adopted IFC requirements. Also see M.G.L. c. 148, § 9.

101.4.6 Energy

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This section has been amended at the state or city level.
Chapter 13: Energy Efficiency of this code shall apply to all matters governing the design and construction of buildings for energy efficiency.

101.4.7 Architectural Access

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This section has been amended at the state or city level.
Any reference in this code to accessibility shall be considered reference to 521 CMR: Architectural Access Board. 521 CMR is enforced by the building official.

101.4.8 Environmental Protection

AMENDMENT
This section has been amended at the state or city level.
See 310 CMR: Department of Environmental Protection and 314 CMR: Division of Water Pollution Control.

101.4.9 Elevators

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This section has been amended at the state or city level.
Any reference in this code to elevators shall be considered reference to 524 CMR: Board of Elevator Regulations.

101.4.10 Electrical

AMENDMENT
This section has been amended at the state or city level.
Any reference in this code to the International Electrical Code shall be considered reference to 527 CMR 12.00: Massachusetts Electrical Code (Amendments).

101.4.11 Sheet Metal

AMENDMENT
This section has been amended at the state or city level.
See 271 CMR: Board of Examiners of Sheet Metal Workers.

101.4.12 International Residential Code

AMENDMENT
This section has been amended at the state or city level.
Any reference in this code to the International Residential Code shall be considered reference to 780 CMR 51.00 through 120.00.

101.5 BBRS Advisory Committees

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This section has been amended at the state or city level.
The BBRS has created technical Advisory Committees to support requests from and by the BBRS as it deems necessary per M.G.L. c. 143. Titles and membership of these technical advisory committees may be viewed at www.mass.gov/dps.

102.1 General

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This section has been amended at the state or city level.
Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.
Exception: Where enforcement of a provision of this code would violate the conditions of a listing or manufacturer's instructions, the conditions of the listing and manufacturer's instructions shall apply.

102.2 Other Laws

AMENDMENT
This section has been amended at the state or city level.
The provisions of this code shall not nullify any provision of state or federal law. Massachusetts General Laws (M.G.L.s) and the Code of Massachusetts Regulations (CMRs) are often referenced in this code. It is the code user's responsibility to determine all applicable laws and regulations relevant to sections in this code.

102.2.1 DDS Facilities

AMENDMENT
This section has been amended at the state or city level.
Additional building features required by the Massachusetts Department of Developmental Services (DDS) do not change the classification of residences operated or licensed by DDS as dwellings subject to 780 CMR 51.00: Massachusetts Residential Code.

102.2.2 Municipal Bylaws or Ordinances

AMENDMENT
This section has been amended at the state or city level.
When provisions of this code conflict with municipal bylaws and ordinances, this code shall govern unless the bylaws or ordinances were promulgated in accordance with M.G.L. c. 143, § 98.
References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.
The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.
In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.

102.6 Existing Structures

AMENDMENT
This section has been amended at the state or city level.
The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code or as deemed necessary by the building official for the general safety and welfare of the public.

102.6.1 Laws in Effect

AMENDMENT
This section has been amended at the state or city level.
Unless specifically provided otherwise in this code, and narrow to the provisions of this code, 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, provided that the building or structure shall be maintained by the owner in accordance with this code.

102.6.2 Laws Not in Use

AMENDMENT
This section has been amended at the state or city level.
In cases where applicable codes, rules or regulations, bylaws or ordinances were not in use at the time of such construction or alteration, the building or structure shall be maintained by the owner in accordance with this code.

102.6.3 Less Stringent

AMENDMENT
This section has been amended at the state or city level.
In cases where the provisions of this code 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 this code shall apply, providing such application can be reasonably demonstrated to not result in danger to the public, as determined by the building official.

102.6.4 Existing Means of Egress, Lighting and Ventilation

AMENDMENT
This section has been amended at the state or city level.
The building official may cite the following condition in writing as a violation and order the abatement within a time frame deemed necessary by the building official to make the building environment safe, healthy or otherwise comply with this code.
  1. Inadequate number of means of egress.
  2. Egress components with insufficient width or so arranged to be inadequate, including signage and lighting.
  3. Inadequate lighting and ventilation.
Where full compliance for means of egress, lighting and ventilation are not practical, the building official may accept compliance alternatives, engineering, or other evaluations that adequately address the deficiency.

102.7 Moved Structures

AMENDMENT
This section has been amended at the state or city level.
Buildings or structures moved into or within the jurisdiction shall comply with the provisions of Chapter 34: Existing Structures provided that any new system shall comply as far as practicable with the requirements for new structures and provided further that the siting and fire separation distance comply with the requirements for new structures.

102.8 Maintenance of Existing Buildings and Structures

AMENDMENT
This section has been amended at the state or city level.
All buildings and structures and all parts thereof, both existing and new, and all systems and equipment therein which are regulated by this code shall be maintained in a safe, operable and sanitary condition. All service equipment, means of egress, devices and safeguards which are required in a building or structure, or which were required by a previous statute in a building or structure, when erected, altered or repaired, shall be maintained in good working order.

102.8.1 Owner Responsibility

AMENDMENT
This section has been amended at the state or city level.
The owner, as defined in Chapter 2: Definitions, shall be responsible for compliance with the provisions of this code.

Part 2 — Administration and Enforcement

Section 103 Department of Building Safety

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103.1 Creation of Enforcement Agency

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103.2 Appointment

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103.3 Deputies

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Section 103 Enforcement

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103.1 Municipal and State Enforcement

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This section has been amended at the state or city level.
Reference to The Department of Building Safety shall be considered reference to the building official. This code shall be enforced by the building official as defined in Chapter 2: Definitions and in accordance with M.G.L. c. 143, §§ 3, 3A, Y, and Z and M.G.L. c. 22, the building official shall include; building commissioner or inspector of buildings, local inspector, and state building inspector. These M.G.L.s also contain provisions, not limited to: employment and designation, qualifications, temporary appointment, and certification of building officials.

104.1 General

AMENDMENT
This section has been amended at the state or city level.
The building official is hereby authorized and directed to enforce the provisions of this code in accordance with M.G.L. c. 143, §§ 3 and 3A. In every city and town this code 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 building official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.
The building official shall issue all necessary notices or orders to ensure compliance with this code.
The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.

104.4.1 Coordination of Inspections

AMENDMENT
This section has been amended at the state or city level.
Whenever in the enforcement of this code, or another code or ordinance, the responsibility of more than one enforcement official of the jurisdiction is involved, it shall be the duty of the enforcement 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 enforcement official observes an apparent or actual violation not within the official's authority, the official shall report the findings to the official having jurisdiction.
The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.
The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.

104.8 Liability

AMENDMENT
This section has been amended at the state or city level.
All claims of liability relative to building officials shall be governed by M.G.L. c. 258.
Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval.
The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official.
Wherever there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety.

104.10.1 Areas Prone to Flooding

AMENDMENT
This section has been amended at the state or city level.
The building official shall not grant modifications to any provision related to areas prone to flooding as established by this code without the granting of a variance to such provisions by the building code appeals board. Also, no variance to requirements of this code can be solely utilized to argue for lawful construction/reconstruction where such construction/reconstruction would conflict with requirements of M.G.L. c. 131, § 40: Removal, Fill, Dredging or Altering of Land Bordering Waters (the Wetlands Protection Act), and/or 310 CMR and 314 CMR, as applicable.
The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.
Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.
Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records.

104.12 Matters Not Provided For

AMENDMENT
This section has been amended at the state or city level.
In recognition of the inherent difficulty of drafting a functional code that contemplates every situation that may arise in the area of building safety, this section provides the building official, the building code appeals board, or the BBRS itself, with reasonable discretion to ensure that all life safety issues that may arise in the enforcement of this code may be appropriately addressed. Matters not specifically provided for in this code regarding structural, egress, fire, energy, sanitary or other requirements essential to occupant safety shall be determined by the building official or, in the case of an appeal, the building code appeals board. If this provision is used, the building official shall notify the BBRS in writing within seven days of such determination. For highly specialized buildings and structures that conform to unique code requirements or nationally recognized standards not required in this code, registered design professionals shall provide sufficient information to the building official to support their approval. For fire protection design, see Chapter 9: Fire Protection Systems.

105.1 Required

AMENDMENT
This section has been amended at the state or city level.
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.

105.1.1 Annual Permit

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105.1.2 Annual Permit Records

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105.2 Work Exempt From Permit

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Except for activities which may require a permit pursuant to other laws, by-laws, rules and the specialized codes of M.G.L. c. 143, § 96, a building permit is not required for the following activities:
  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 not over six feet (1829 mm) high.
  3. Retaining walls which retain less than four feet of unbalanced fill.
  4. Greenhouses covered exclusively with plastic film. This exemption does not apply if the greenhouse is to be used for large assemblies of people or uses other than normally expected for this purpose.
  5. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
  6. Swings and other playground equipment.
  7. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support of Groups R-3 and U occupancies.
  8. Sidewalks and driveways.

105.2.1 Emergency Repairs

AMENDMENT
This section has been amended at the state or city level.
Where replacements and repairs governed by this code must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official.

Note: Pursuant to the terms of the specialized codes of M.G.L. c. 143, § 96, this exemption might not apply to emergency repairs conducted under those specialized codes.

105.2.2 Repairs

AMENDMENT
This section has been amended at the state or city level.
Application or notice to the building official is not required for ordinary repairs to structures. A permit is required for work including but not limited to: the substantial cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements or mechanical systems or other work affecting public health or general safety under the jurisdiction of 780 CMR.

105.2.3 Public Service Agencies

AMENDMENT
This section has been amended at the state or city level.

105.3 Application for Permit

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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

AMENDMENT
This section has been amended at the state or city level.
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.

105.3.1.2 Other Requirements

AMENDMENT
This section has been amended at the state or city level.
The following requirements 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; also refer to DEP regulations 310 CMR 22.00: Drinking Water and/or 310 CMR 36.00: Massachusetts Water Resources Management Program, when applicable.
  4. 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 Standards Program.
  5. 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.
  6. Workers Compensation Insurance: in accordance with M.G.L. c. 152, § 25C(6).
  7. Hazards to Air Navigation: in accordance with M.G.L. c. 90, § 35B.
An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.
The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction.
Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
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.

105.7 Placement of Permit

AMENDMENT
This section has been amended at the state or city level.
The permit or copy shall be kept on the site of the work until the completion of the project.

105.8 Notice of Start

AMENDMENT
This section has been amended at the state or city level.
The building official may require to be notified at least one business day before the start of work.

105.9 Independent Structural Engineering Review Condition

AMENDMENT
This section has been amended at the state or city level.
As a condition for the issuance of a building permit, the structural design of the following described structures shall be reviewed by a registered design professional to verify that the design of the primary structure is conceptually correct and that there are no major errors in the design:
  1. High rise buildings.
  2. Structures of unusual complexity or design as determined by the BBRS. A building official may apply to the BBRS for such a determination on a specific structure.
This requirement shall not preclude an owner from obtaining an independent structural engineering design review of a primary structure, other than those listed in this section.

105.9.1 Review Requirements

AMENDMENT
This section has been amended at the state or city level.
The independent structural engineering review shall be in accordance with the guidance document found at www.mass.gov/dps.

105.9.2 Disputes

AMENDMENT
This section has been amended at the state or city level.
Disputes between the structural engineer responsible for the design of the building or structure and the independent structural engineering reviewer shall be resolved by the BBRS or a board established by the BBRS.
Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 psf (2.40 kN/m2), such design live loads shall be conspicuously posted by the owner in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices
A certificate of occupancy required by Section 111 shall not be issued until the floor load signs, required by Section 106.1, have been installed.
It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this code.

Section 107 Submittal Documents and Construction Control

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107.1 General

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Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.

Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code.

107.1.1 Professional Seal and Signature

AMENDMENT
This section has been amended at the state or city level.
All plans and specifications shall bear a seal and signature of the responsible registered design professional in accordance with M.G.L. c. 143, § 54A. See also www.mass.gov/dpl for policy on electronic seal and signature for certain registered design professionals.

107.1.2 Fire Department Review

AMENDMENT
This section has been amended at the state or city level.
For permits that include fire protection systems under Chapters 4: Special Detailed Requirements Based on Use and Occupancy or 9: Fire Protection Systems, or 34: Existing Structures, construction documents shall be filed with the building official who shall cause them to be filed with the head of the local fire department for review. The fire department shall have ten-working days after receiving the documents to complete its review. Upon the fire department's written request, the building official may grant one or more extensions up to a total review period maximum of 30-days. If the fire department review is not received within the allowed time frame the building official may upon review deem the documents in compliance with 780 CMR. If the head of the local fire department believes such construction documents to be noncompliant with this code or reference standards, he or she shall notify the building official (refer to M.G.L. c. 148, § 28A) in writing citing relevant sections of noncompliance with this code or the section of the referenced standards of Chapter 35: Referenced Standards.

107.1.3 Manufactured Buildings and Modular Homes

AMENDMENT
This section has been amended at the state or city level.
Document submittal shall be as follows:
  1. Site specific plans and specifications.
  2. Plan Identification Number Assignment Form with BBRS number. This is to confirm plans have been approved by the State and must include a stamp approval and signature.
  3. Plans must be stamped on every page by a Third Party Inspection Agency.
  4. Every page showing calculations by a registered design professional must be provided with their stamp and signature.
  5. Energy compliance certificate.
  6. Set manuals are required to be on site at time of project set and must be specific to the project.
    Exception: If all connection details are provided on the plans then the set manual is not required.
  7. Set crew information must accompany the plan submittal package with approved certification from manufacturer.
Construction documents shall be in accordance with Sections 107.2.1 through 107.2.5.
Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official.

107.2.2 Fire Protection System Shop Drawings

AMENDMENT
This section has been amended at the state or city level.
Shop drawings for the fire protection system(s) shall be submitted to indicate conformance to this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9: Fire Protection Systems.
The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.

Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings.

The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used.

107.2.5 Site Plan

AMENDMENT
This section has been amended at the state or city level.
The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and base flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted.

107.2.5.1 Design Base Flood Elevations

AMENDMENT
This section has been amended at the state or city level.
Base flood elevations shall be determined in accordance with Appendix G: Flood-resistant Construction.
The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances.
When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as "Reviewed for Code Compliance." One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative.
This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned.
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.

When it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties.

The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building.

For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period.

Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official.

Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the building official.

Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.

107.5 Retention of Construction Documents

AMENDMENT
This section has been amended at the state or city level.
One set of approved construction documents shall be retained by the building official in accordance with M.G.L. c. 66, § 8.

107.6 Construction Control

AMENDMENT
This section has been amended at the state or city level.

107.6.1 General

AMENDMENT
This section has been amended at the state or city level.
This section shall apply to the construction controls, professional services and contractor services required for buildings and structures needing registered design professional services.

The following structures are exempt from the requirements of this section:
  1. Any building containing less than 35,000 cubic feet of enclosed space, measured to the exterior 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 calculation of enclosed space shall include such spaces. For additions to existing buildings, the volume of enclosed space shall include the entire existing building and all proposed additions.
  2. Any one- or two-family dwelling or any accessory building thereto.
  3. Any building used exclusively for agricultural purposes. See Appendix C: Group U - Agricultural Buildings for occupancy and other limitations.
  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.
  5. Structures where the building official determines that the scope of work is minor in nature and not needing registered design professional services.
Notwithstanding these exemptions, registered design professional services shall be required for activities which are deemed to constitute the practice of architecture or engineering as defined in M.G.L. c. 112, §§ 60A or 81D, except as provided in M.G.L. c. 143, § 54A and any legally required profession or as provided in M.G.L. c. 112, § 81R. Where work is performed by licensed trades people pursuant to M.G.L. c. 112, § 81R, shop drawings or plans and specifications prepared to document that work shall not be required to bear the seal or signature of a registered design professional. In lieu of a seal and signature the building official may require that the registered design professional review and approve shop or record drawings for general conformance to the design concept.

107.6.1.1 Specialized Structures

AMENDMENT
This section has been amended at the state or city level.
Telecommunication towers, wind turbine towers, and similar structures are engineered structures and shall be subject to the requirements of section 107.6.

107.6.2 Registered Design Professional Services

AMENDMENT
This section has been amended at the state or city level.

107.6.2.1 Design

AMENDMENT
This section has been amended at the state or city level.
All plans, computations and specifications involving new construction, alterations, repairs, expansions or additions or change in use or occupancy of existing buildings shall be prepared by or under the direct supervision of a registered design professional and shall bear his or her signature and seal (see Section 107.1.1). Said signature and seal shall signify that the plans, computations and specifications meet the applicable provisions of this code and accepted engineering practices. Any alternative means and methods which deviate from prescriptive requirements of this code shall be submitted to the building official for approval in a narrative form separate from the plans.

107.6.2.2 Construction

AMENDMENT
This section has been amended at the state or city level.
The registered design professionals who are responsible for the design, plans, calculations, and specifications, their designee or the registered design professionals who have been retained for construction phase services, shall perform the following tasks:
  1. Review, for conformance to this code and the design concept, shop drawings, samples and other submittals by the contractor in accordance with the requirements of the construction documents.
  2. Perform the duties for registered design professionals in Chapter 17: Structural Tests and Special Inspections.
  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 if the work is being performed in a manner consistent with the construction documents and this code.
The permit application shall not be deemed completed until all of the construction documents required by this code have been submitted. Documentation indicating that work complies with the plans and specifications shall be provided at the completion of each phase when required by the building official. Upon completion of the work, the registered design professional shall file a final document to the building official indicating that, to the best of his or her knowledge and belief, the work has been performed in accordance with the approved plans and this code. Forms for construction control when required by the building official shall be those found at www.mass.gov/dps.

107.6.2.3 Structural Tests and Special Inspections

AMENDMENT
This section has been amended at the state or city level.
Structural tests and special inspection shall be provided in accordance with Chapter 17: Structural Tests and Special Inspections.

107.6.2.4 Non Structural System Test and Inspection

AMENDMENT
This section has been amended at the state or city level.
Tests and inspections of non structural systems shall be performed in accordance with applicable engineering practice standards, referenced standards listed in Chapter 35: Referenced Standards, or as otherwise specified in this code.

107.6.3 Construction Contractor Services

AMENDMENT
This section has been amended at the state or city level.
The actual construction of the work shall be the responsibility of the general contractor as identified on the approved permit and shall involve the following:
  1. Execution of all work in accordance with the approved construction documents.
  2. Execution and control of all means and 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, certification in writing to the responsible registered design professional that, to the best of the contractor's knowledge and belief, construction has been done in substantial accord with section 107.6 and with all pertinent deviations specifically noted. The building official may require a copy of this certification.

107.6.4 Project Representation

AMENDMENT
This section has been amended at the state or city level.
A project representative may be required by the building official. This representative shall keep daily records and submit reports as may be required by the building official. This project representation requirement shall be determined prior to the issuance of the permit and may be a prerequisite for permit issuance. Refusal by the applicant to provide such service if required by the building official shall result in the denial of the permit. All fees and costs related to the performance of project representation shall be borne by the owner. 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 that the project representative be a registered design professional in addition to those registered design professionals required elsewhere per Section107.6.

107.6.5 Building Official Responsibility

AMENDMENT
This section has been amended at the state or city level.
Nothing contained in section 107.6 shall have the effect of waiving or limiting the building official's authority to enforce this code with respect to examination of the contract documents, including plans, computations and specifications, and field inspections.
The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause.
Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure public health, safety and general welfare.

108.3 Temporary Power

AMENDMENT
This section has been amended at the state or city level.

108.3 Fire Department Review

AMENDMENT
This section has been amended at the state or city level.
Temporary structures and uses must be approved by the building official in consultation with the head of the local fire department.

108.4 Termination of Approval

AMENDMENT
This section has been amended at the state or city level.
The building official is authorized to terminate for cause and with written notice such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.

108.5 State of Emergency

AMENDMENT
This section has been amended at the state or city level.
Upon declaration by the Governor of a State of Emergency under St. 1950. c. 639, or of an emergency detrimental to the public health under M.G.L. c. 17, § 2A a building or space within a building may be used as a temporary emergency use for purposes of housing and/or caring for persons in accordance with procedures established for such purpose as contained in this code (also see Chapter 31: Special Construction).

109.1 Payment of Fees

AMENDMENT
This section has been amended at the state or city level.
A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid in the amount established by the applicable governing authority.

109.2 Schedule of Permit Fees

AMENDMENT
This section has been amended at the state or city level.
For state building permit fees, see 801 CMR 4.02: Rates. For municipal building permit fees, refer to the municipality.

109.3 Building Permit Valuations

AMENDMENT
This section has been amended at the state or city level.
The applicant for a permit shall provide an estimated value of project cost at time of application. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official.

109.4 Work Commencing Before Building Permit Issuance Issued

AMENDMENT
This section has been amended at the state or city level.
Any person who commences any work on a building or structure governed by this code before obtaining the necessary building permit shall be in violation of this code and subject to penalties. See section 114.

109.5 Related Fees

AMENDMENT
This section has been amended at the state or city level.
Payment of the building permit fee shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.

109.6 Refunds

AMENDMENT
This section has been amended at the state or city level.

110.1 General

AMENDMENT
This section has been amended at the state or city level.
Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes and that all work shall be conducted, installed, protected and completed in a workmanlike and acceptable manner so as to secure the results intended by this code. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.

110.3 Required Inspections

AMENDMENT
This section has been amended at the state or city level.
The building official shall conduct inspections during construction at intervals sufficient to ensure compliance with the provisions of this code which may include inspections set forth in Sections 110.3.1 through 110.3.10 (Also 110.4). The building official shall inform the applicant of the required points of inspection at the time of permit issuance. The building official may designate specific inspection points in the course of construction that require the contractor or builder to give the building official one business day notice prior to the time when those inspections need to be performed. The building official shall make the inspections within two business days after notification.
Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job.
Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.

110.3.3 Lowest Floor Elevation

AMENDMENT
This section has been amended at the state or city level.
Per Appendix G: Flood-resistant Construction, in flood hazard zones and high hazard zones, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in Appendix G: Flood-resistant Construction, shall be submitted to the building official.
Framing inspections shall be made after the roof deck or sheathing, all framing, fireblocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved.

Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished.

Exception: Gypsum board that is not part of a fire-resistance-rated assembly or a shear assembly.

Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved.

110.3.7 Energy Efficiency Inspections

AMENDMENT
This section has been amended at the state or city level.
Inspections shall be made to determine compliance with Chapter 13: Energy Efficiency and shall include, but not be limited to, inspections for: envelope insulation R- and U-values, fenestration U- value, duct system R- value, and HVAC and water-heating equipment efficiency.
In addition to the inspections specified above, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the department of building safety.
The final inspection shall be made after all work required by the building permit is completed.

110.3.11 Workmanship

AMENDMENT
This section has been amended at the state or city level.
All work shall be conducted, installed, protected and completed in a workmanlike and acceptable manner so as to secure the results intended by this code.
The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability.

110.5 Inspection Requests

AMENDMENT
This section has been amended at the state or city level.
It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. The building official may require the permit holder or his representative to attend these inspections.
Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official.

110.7 Periodic Inspections

AMENDMENT
This section has been amended at the state or city level.
The building official shall inspect periodically existing buildings and structures and parts thereof in accordance with Table 110 entitled Schedule for Periodic Inspections of Existing Buildings. Such buildings shall not be occupied or continue to be occupied without a valid Certificate of Inspection. Periodic inspections required by this section do not apply to residences operated or licensed by the Massachusetts Department of Developmental Services and subject to 780 CMR One- and Two-family Dwellings.

Table 110
Schedule for Periodic Inspection of Existing Buildings
(See Chapters 3: Use and Occupancy Classification and 4: Special Detailed Requirements Based on Use and Occupancy for complete descriptions of use groups.)
Use Group Use Group Use Group
Description
Minimum
Inspections
Maximum
Certification
Period
A-1 Movie theaters or theaters for performing
acts (stage and scenery)
> 400 occupant load
≤ 400 occupant load
Semi — annual
Semi — annual
One year
One year
A-2 Restaurants, Night Clubs or similar uses > 400 occupant load1
≤ 400 occupant load1
Semi —annual1
Annual1
One year
One year
A-3 Lecture halls, dance halls, churches and places of religious worship, recreational centers, terminals, etc. > 400 occupant load
≤ 400 occupant load
Semi —annual
Annual
One year
One year
A-4 Low density recreation and similar uses. see note 3. Five years
A Special amusement buildings or portions thereof. see note 3. One year
E Educational, day care see note 3. One year
I-1 Group home see note 3. One year
I-2 Residents incapable of self preseration — hospitals, nursing home, mental hospitals, certain day care facilities. see note 3. Two years2
I-3 Residents restrained — prisons, jails, detention centers, etc. see note 3. Two years
I-4 Adult and/or child day care facilities. see note 3. One year
R-1 Hotels, motels, boarding houses, etc. see note 3. One year
R-1 Detoxification facilities see note 3. Two years
R-2 Multi-family see note 3. Five years
R-2 Dormitories and R-2 Congregate Living see note 3 One year
R-2 Summer Camps for children. Annual One year
R-3 Residential facilities licensed by DDS or DMH Annual One year
R-4 Residential care/assisted living facilities (≤ 16 persons) Annual One year
Any Facilities licensed by the Alcohol Beverage Control Commission
where alcoholic beverages are served and consumed.
Annual4 as per
M.G.L. c. 10, § 74
One year as per
M.G.L. c. 10, § 74
Any House museums (see Chapter 34: Existing Structures for definition) Annual One year
Any Fire escapes, etc. per Chapter 10: Means of Egress Five years Five years
Notes:
  1. When appropriate for A-2 uses, the inspection for the Certificate of Inspection should include and be timed to satisfy the requirements of M.G.L. c. 10, § 74.
  2. One year for facilities licensed or operated by the Department of Mental Health (DMH).
  3. Prior to issuance of new certificate.
  4. Certificates of inspection for establishments intending to sell alcoholic beverages to be consumed on the premises shall be governed by M.G.L. c. 10, § 74 and the inspection schedule in section 110.7. The building official may issue a temporary inspection certificate, once co-signed by the building official and by the head of the fire department, effective to a date certain for the establishment.
General Note: It is the responsibility of building "owner", as defined in Chapter 2: Definitions, to meet the inspection requirements in this table for continued use and occupancy. The maximum certification period specified in the table is intended to provide administrative flexibility. For uses allowing more than one year maximum certification period, the permit may determine the certificate validity term. For example, an R-2 building could be certified for one, two, three, four or five years.

110.7.1 Abcc Licensed Establishments

AMENDMENT
This section has been amended at the state or city level.
Certificates of inspection for establishments intending to sell alcoholic beverages to be consumed on the premises shall be governed by M.G.L. c. 10, § 74 and the inspection schedule in section 110.7. The building official may issue a temporary inspection certificate, once co-signed by the building official and by the head of the fire department, effective to a date certain for the establishment.

111.1 Use and Occupancy

AMENDMENT
This section has been amended at the state or city level.
No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the building commissioner, inspector of buildings, or when applicable, the state inspector, has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Conformance to all applicable specialized codes of M.G.L. c. 143, § 96 is a requirement of the issuance of the Certificate of Use and Occupancy
Exception: Certificates of occupancy are not required for work exempt from permits under Section 105.2.

111.1.1 Buildings or Structures Hereafter Altered

AMENDMENT
This section has been amended at the state or city level.
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 maximum live load capacity, or 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.

111.1.2 Massachusetts' Licensed Care Facilities

AMENDMENT
This section has been amended at the state or city level.
Certificate of occupancy inspections for Massachusetts licensed care facilities, including, inspection of special building features required by the licensing agency, shall be limited to verifying compliance with the provisions of this code.

111.2 Certificate Issued

AMENDMENT
This section has been amended at the state or city level.
After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy that contains the following:
  1. The building permit number.
  2. The address of the structure.
  3. (Reserved).
  4. A description of that portion of the structure for which the certificate is issued.
  5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.
  6. The name of the building commissioner or inspector of buildings or state inspector.
  7. The edition of the code under which the permit was issued.
  8. The use and occupancy, in accordance with the provisions of Chapter 3: Use and Occupancy Classification.
  9. The type of construction as defined in Chapter 6: Types of Construction.
  10. The design occupant load.
  11. If an automatic sprinkler system is provided, whether the sprinkler system is required.
  12. Any special stipulations and conditions of the building permit.
  13. If the facility is licensed by a State agency, the name of the agency and the name and number of any relevant Code of Massachusetts Regulations (CMR) that apply regarding building features.

111.3 Temporary Occupancy

AMENDMENT
This section has been amended at the state or city level.
The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period, not to exceed 180 days, during which the temporary certificate of occupancy is valid. Upon written request from the permit holder, the building official may extend the temporary occupancy permit for additional 30 day periods or a period at the discretion of the building official.
The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.

111.5 Posting

AMENDMENT
This section has been amended at the state or city level.
Buildings and structures shall be posted for occupancy as noted in this section.

111.5.1 Posting of Use and Occupancy

AMENDMENT
This section has been amended at the state or city level.
A copy of the certificate of occupancy shall be posted at the main entry or be made readily available for inspection.

111.5.2 Required Egress Posting

AMENDMENT
This section has been amended at the state or city level.
A suitably designed placard, approved by the building official shall be posted by the owner on all floors of every building and structure, except High Hazard, Factory, and 1-3 use occupancies, as defined in Chapter 3: Use and Occupancy Classification. In addition to the per floor requirement, all rooms used as a place of assembly or as an R-l sleeping space shall have the required egress posting. Said placard shall be securely fastened to the building or structure in a readily visible place, showing exiting paths per floor.

111.5.3 Place of Assembly Posting

AMENDMENT
This section has been amended at the state or city level.
A placard suitably designed in contrasting colors and 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 (use groups A). Said placard shall designate all of the occupant loads approved for each configuration within each room or space.

111.5.4 Replacement of Posted Signs

AMENDMENT
This section has been amended at the state or city level.
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.

111.5.5 Periodic Posting Inspection

AMENDMENT
This section has been amended at the state or city level.
The building official may periodically inspect all existing buildings and structures except one and two family dwellings for compliance with this code in respect to posting; or may accept the report of such inspections from a registered design professional or others certified by the BBRS; and such inspections and reports shall specify any violation of the posting requirements of this code.

Section 112 Service Utilities

AMENDMENT
This section has been amended at the state or city level.
Reserved.

112.1 Connection of Service Utilities

AMENDMENT
This section has been amended at the state or city level.

112.2 Temporary Connection

AMENDMENT
This section has been amended at the state or city level.

112.3 Authority to Disconnect Service Utilities

AMENDMENT
This section has been amended at the state or city level.

Section 113 Board of Appeals

AMENDMENT
This section has been amended at the state or city level.

113.1 General

AMENDMENT
This section has been amended at the state or city level.
Appeals of orders, decisions, determinations and failures to act made by any state or local agency or any person or state or local agency charged with the administration or enforcement of the state building code or any of its rules and regulations, except the specialized codes of M.G.L. c. 143, § 96 relative to the application and interpretation of this code shall be addressed by the building code appeals board in accordance with M.G.L. c. 143, § 100. An application to file an appeal may be found at www.mass.gov/dps

113.2 Limitations on Authority

AMENDMENT
This section has been amended at the state or city level.
Reserved.

113.3 Qualifications

AMENDMENT
This section has been amended at the state or city level.
Reserved.

113.4 Local and Regional Boards of Appeals

AMENDMENT
This section has been amended at the state or city level.
If a city, region or town had not duly established by ordinance or bylaw or otherwise a local or regional building code board of appeals prior to January 1, 1975, said city, region or town may establish a local or regional board of appeals in accordance with section 113.0, referred to as the local board of appeals, consisting of not less than three nor more than five members appointed by the chief administrative officer of the city, region or town. Any appeal originating in a city or town that has a local board must be heard by the local board before being heard by the state building code appeals board.

113.4.1 Review

AMENDMENT
This section has been amended at the state or city level.
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 section 113. All local appeal decisions are to be reviewed by the BBRS and are to be summarized in a manner acceptable to the BBRS. Forms and other information pertaining to this review process are found at www.mass.gov/dps.

113.4.2 Qualifications of Local Board Members

AMENDMENT
This section has been amended at the state or city level.
Each member of a local board of appeals established under M.G.L. c. 143, § 100 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.

113.4.3 Chairman of Local or Regional Board

AMENDMENT
This section has been amended at the state or city level.
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.

113.4.4 Absence of Members

AMENDMENT
This section has been amended at the state or city level.
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 section 113.0.

114.1 Unlawful Acts

AMENDMENT
This section has been amended at the state or city level.
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.
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

AMENDMENT
This section has been amended at the state or city level.
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.

114.3 Prosecution of Violation

AMENDMENT
This section has been amended at the state or city level.

114.3 Enforcement

AMENDMENT
This section has been amended at the state or city level.
Violations to this code shall be enforced in accordance with the applicable provisions of M.G.L. c. 143, M.G.L. c. 148, and M.G.L. c. 148A.

114.4 Violation Penalties

AMENDMENT
This section has been amended at the state or city level.
Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure, or makes a change of use in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by M.G.L. c. 143, § 94a.
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

AMENDMENT
This section has been amended at the state or city level.
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

AMENDMENT
This section has been amended at the state or city level.
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.

116.1 Conditions

AMENDMENT
This section has been amended at the state or city level.

116.1 General

AMENDMENT
This section has been amended at the state or city level.
The provisions of this section are established by and work in conjunction with the requirements of M.G.L. c. 143, §§ 6 through 12.

116.2 Record Inspection

AMENDMENT
This section has been amended at the state or city level.
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 Notice Removal or Making Structure Safe

AMENDMENT
This section has been amended at the state or city level.
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 Method of Service

AMENDMENT
This section has been amended at the state or city level.

116.4 Failure to Remove or Make Structure Safe, Survey Board, Survey Report

AMENDMENT
This section has been amended at the state or city level.
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 Restoration

AMENDMENT
This section has been amended at the state or city level.

116.5 Removal of Dangerous or Abandoned Structures

AMENDMENT
This section has been amended at the state or city level.
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

AMENDMENT
This section has been amended at the state or city level.
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

AMENDMENT
This section has been amended at the state or city level.
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) continuouslyuntil 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 ownershall 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, temporarysecuritymeasures 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 ownerto complywith such notice, anybuilding 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 anysystems 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

AMENDMENT
This section has been amended at the state or city level.
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.
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