CODES

ADOPTS WITH AMENDMENTS:

International Building Code 2015 (IBC 2015)

Chapter 1 Scope and Administration

Part 1 ‒ Scope and Application
Part 2 ‒ Administration and Enforcement

Chapter 2 Definitions

Chapter 3 Use and Occupancy Classification

Chapter 4 Special Detailed Requirements Based on Use and Occupancy

Chapter 5 General Building Heights and Areas

Chapter 6 Types of Construction

Chapter 7 Fire and Smoke Protection Features

Chapter 8 Interior Finishes

Chapter 9 Fire Protection Systems

Chapter 10 Means of Egress

Chapter 11 Accessibility

Chapter 12 Interior Environment

Chapter 13 Energy Efficiency

Chapter 14 Exterior Walls

Chapter 15 Roof Assemblies and Rooftop Structures

Chapter 16 Structural Design

Chapter 17 Special Inspections and Tests

Chapter 18 Soils and Foundations

Chapter 19 Concrete

Chapter 20 Aluminum

Chapter 21 Masonry

Chapter 22 Steel

Chapter 23 Wood

Chapter 24 Glass and Glazing

Chapter 25 Gypsum Board, Gypsum Panel Products and Plaster

Chapter 26 Plastic

Chapter 27 Electrical

Chapter 28 Mechanical Systems

Chapter 29 Plumbing Systems

Chapter 30 Elevators and Conveying Systems

Chapter 31 Special Construction

Chapter 32 Encroachments Into the Public Right-Of-Way

Chapter 33 Safeguards During Construction

Chapter 34 Reserved

Chapter 34 EXISTING BUILDING CODE

Chapter 35 Referenced Standards

Appendix A Employee Qualifications

Appendix B Board of Appeals

Appendix C GROUP U—AGRICULTURAL BUILDINGS

Appendix D Fire Districts

Appendix E Supplementary Accessibility Requirements

Appendix F Rodentproofing

Appendix G Flood-Resistant Construction

Appendix G FLOOD-RESISTANT CONSTRUCTION IN COASTAL DUNES

Appendix H Signs

Appendix I Patio Covers

Appendix J Grading

Appendix K Administrative Provisions

Appendix L Earthquake Recording Instrumentation

Appendix M Tsunami-Generated Flood Hazard

Appendix AA Stretch Energy Code

Part 1 ‒ Scope and Application

101.1 Title

STATE AMENDMENT
These regulations shall be known as the Building Code of [NAME OF JURISDICTION], hereinafter referred to as "this code."

101.1 Adoption and Title

STATE AMENDMENT
The Board of Building Regulations and Standards (“BBRS”) adopts and incorporates by reference, the International Building Code-2015 (“IBC”), as periodically amended by errata, the following chapters, as well as 110.R1 through 115.AA.These, together with modifications as set forth, shall collectively comprise 780 CMR, otherwise known as the Massachusetts State Building Code, Ninth Edition, Base Volume.

101.2 Scope

STATE AMENDMENT
The provisions of this code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

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 not more than three stories above grade plane in height, shall comply with the International Residential Code.
780 CMR shall be the building code for all towns, cities, state agencies or authorities in accordance with M.G.L. c. 143, §§ 93 through 100. 780 CMR, 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 fire prevention and protection practices; 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 and their accessory structures, and other buildings as described in 780 CMRmay comply with 780 CMR 51.00: Massachusetts Residential Code.

101.2.1 Appendices

STATE AMENDMENT
Provisions in the appendices shall not apply unless specifically adopted.

101.3 Intent

STATE AMENDMENT
The purpose of this code is to establish the minimum requirements to provide a reasonable level of safety, public health 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 a reasonable level of safety to fire fighters and emergency responders during emergency operations.The purpose of 780 CMR 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

STATE AMENDMENT
The other codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference.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 780 CMR 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 780 CMR and within the jurisdiction of the building official, shall be subject to inspection by the building official.

101.4.1 Gas

STATE AMENDMENT
The provisions of the International Fuel Gas Code shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.
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 section 11.5 of 527 CMR 1.05.

101.4.2 Mechanical

STATE AMENDMENT
The provisions of the International Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems.The provisions of the International Mechanical Code (“IMC”) shall apply to all mechanical systems except for those which are 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.

101.4.3 Plumbing

STATE AMENDMENT
The provisions of the International Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the International Private Sewage Disposal Code shall apply to private sewage disposal systems.

101.4.3 Plumbing and Gas

STATE AMENDMENT
Reference to the International Plumbing Code or International Fuel Gas Code shall be considered reference to 248 CMR: Board of State Examiners of Plumbers and Gas Fitters.
The provisions of the International Property Maintenance Code shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.The International Property Maintenance Code is not adopted. Reference to the International Property Maintenance Code shall be considered reference to 780 CMR and within the jurisdiction of the building official.

101.4.5 Fire Prevention

STATE AMENDMENT
The provisions of the International Fire Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.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”) 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. Modifications, alterations, additions, or deletions to fire protection systems are any changes which affect the performance of the fire protection system. Such changes require a building permit and are subject to other permitting requirements pursuant to applicable provisions of M.G.L. c.148,§ 27A.

The following statutes are enforced by the head of the fire department, and shall be appealed through the automatic sprinkler appeals board:
  1. M.G.L. c. 148, § 26A1/2: certain high-rise buildings constructed prior to 01/01/1975;
  2. M.G.L. c. 148, § 26G: certain non-residential structures that exceed 7,500 square feet;
  3. M.G.L. c. 148, § 26G1/2: bars, nightclubs, dance halls, and discotheques with a capacity of 100 or more persons; and
  4. M.G.L. c. 148, § 26H (if adopted through local option): lodging or boarding houses with six or more persons boarding or lodging.
The following statute is enforced by the head of the fire department, and shall be appealed through the Building Code Appeals Board:
  1. M.G.L. c. 148, § 26A: certain high-rise buildings
The following statute is enforced by the head of the fire department, and shall be appealed through a court of competent jurisdiction:
  1. M.G.L. c. 148, § 26I (if adopted through local option): certain multiple dwelling units

101.4.6 Energy

STATE AMENDMENT
The provisions of the International Energy Conservation Code shall apply to all matters governing the design and construction of buildings for energy efficiency.780 CMR 13.00 shall apply to all matters governing the design and construction of buildings for energy efficiency.

101.4.7 Existing Buildings

STATE AMENDMENT
The provisions of the International Existing Building Code shall apply to matters governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings.
Any reference in 780 CMR to accessibility shall be considered reference to 521 CMR: Architectural Access Board. 521 CMR is enforced by the building official.
See 310 CMR: Department of Environmental Protection and 314 CMR: Division of Water Pollution Control.

101.4.9 Elevators

STATE AMENDMENT
Any reference in 780 CMR to elevators shall be considered reference to 524 CMR: Board of Elevator Regulations.

101.4.10 Electrical

STATE AMENDMENT
Any reference in 780 CMR to the International Electrical Code shall be considered reference to 527 CMR 12.00: Massachusetts Electrical Code (Amendments).

101.4.11 Sheet Metal

STATE AMENDMENT
See 271 CMR: Board of Examiners of Sheet Metal Workers.
Any reference in 780 CMR to the International Residential Code shall be considered reference to 780 CMR 51.00 through 120.00.
Such stations shall comply with 780 CMR and Chapters 2, 3, 4, and 5 of NFPA 130-2014. Any references to NFPA 101 and NFPA 220 shall mean reference to 780 CMR. Where conflict exists between 780 CMR and the referenced standard, compliance with the referenced standard shall be required.
Residential contracting, as defined by section 80 of Chapter 27 of the Acts of 2009, is also regulated by M.G.L. c. 142A and 201 CMR 18.00. For information including, but not limited to, registrations, renewals, and filing of complaints against a Home Improvement Contractor (“HIC”), interested persons are directed tocontact the Office of Consumer Affairs and Business Regulation, which administers the program.
BBRS technical advisory committees support requests from and by the BBRS as it deems necessary in accordance with M.G.L. c. 143. Titles and membership of these technical advisory committees may be viewed at http://www.mass.gov/ocabr/government/oca-agencies/dpl-lp/opi/. These technical advisory committees include, but are not limited to the following committees with their respective composition listed:

Energy Advisory Committee (“EAC”)
One Division of Professional Licensure staff
One Department of Energy Resources staff
One mechanical engineer (with HVAC expertise)
One architect
One utility company designee
One building envelope expert
One lighting controls expert
One building official
One IAQ / filtration expert
One high performance housing expert
One ASHRAE 62.1, 62.2, and 90.1 expert

Fire Protection Fire Prevention Committee (“FPFP”)
One Division of Professional Licensurestaff
One Department of Fire Services staff
Boston Fire Department Commissioner, or designee
Two fire protection engineers
One fire chief representative
One building official representative
One architect representative
One residential contractor representative(for topics related to the residential volume)
One general contractor representative (for topics related to the base volume) One sprinkler contractor
One fire alarm contractor

Property Maintenance Advisory Committee (“PMAC”)
One Division of Professional Licensure staff
One Department of Public Health staff
One Department of Housing and Community Development staff
One Department of Fire Services staff
One building official representative
One health officer representative
One residential property management representative
One commercial property management representative
One low-income tenant representative
One architect representative
One Housing Court representative

Chapter 34 (Existing Buildings) Committee
One Division of Professional Licensure staff
One Department of Fire Services staff
EAC Chair, or designee
FPFP Chair, or designee
SAC Chair, or designee
One building official representative
One general contractor representative
One mechanical engineer
One fire prevention officer
One code consultant (with existing buildings expertise)
One architect
NOTE: For the purposes of the composition of the BBRS’s Chapter 34 Technical Advisory Committee, a code consultant shall be any person with specific expertise applying, and interpreting 780 CMR. Said person shall have at least five years of documented experience applying and interpreting the base and residential provisions of 780 CMR in a professional setting. A code consultant shall be duly licensed, or certified, as one or more of the following: architect, professional engineer, engineerin-training, building official, fire prevention officer, or construction supervisor.

Structural Advisory Committee (“SAC”)
One Division of Professional Licensure staff
One architect representative (with structural expertise)
One building official representative
One structural engineer (with seismic expertise)
One structural engineer (with ASCE 7 expertise)
Six structural engineers (in addition to the two listed above)

Geotechnical Advisory Committee (“GAC”)
One Division of Professional Licensure staff
One building official representative
Nine geotechnical engineers

Section 102 Applicability

STATE AMENDMENT
Concurrency Period. Applications for building permits and related construction and other documents filed through January 1, 2018, may comply either with 780 CMR effective October 20, 2017, or with the Eighth Edition versionof 780 CMR in effect immediately prior to amendment, but not a mix of both. After January 1, 2018, concurrency with the Eighth Edition ends, and all applications for building permits and related construction and other documents shall comply with 780 CMR as amended effective October 20, 2017 only.

102.1 General

STATE AMENDMENT
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.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 780 CMR specify different materials, methods of construction or other requirements, the most restrictive shall govern.

EXCEPTION: Where enforcement of a provision of 780 CMR 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

STATE AMENDMENT
The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.The provisions of 780 CMR do not purport to override or nullify any provision of state or federal law. The Massachusetts General Laws and the Code of Massachusetts Regulations are often referenced throughout780 CMR. It is the code user’s responsibility to determine all applicable laws and regulations relevant to 780 CMR or any portion thereof.

102.2.1 DDS Facilities

STATE AMENDMENT
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.
780 CMR applies state-wide. When municipal bylaws and ordinances conflict with 780 CMR, 780 CMR 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.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 780 CMR.
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 and as further regulated in Sections 102.4.1 and 102.4.2.The codes and standards referenced in 780 CMR shall be considered part of the requirements of 780 CMR to the prescribed extent of each such reference. Where differences occur between provisions of 780 CMR and referenced codes and standards, 780 CMR shall apply.

102.4.1 Conflicts

STATE AMENDMENT
Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.
Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code or the International Codes listed in Section 101.4, the provisions of this code or the International Codes listed in Section 101.4, as applicable, shall take precedence over the provisions in the referenced code or standard.

102.5 Partial Invalidity

STATE AMENDMENT
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.In the event that any part or provision of 780 CMR 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

STATE AMENDMENT
The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the International Existing Building Code, the International Property Maintenance Code or the International Fire Code. The legal occupancy of any structure existing on the date of adoption of 780 CMR shall be permitted to continue without change, except as is specifically covered in 780 CMR or as deemed necessary by the building official for the general safety and welfare of the public.
A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall comply with the provisions of the International Building Code or International Residential Code, as applicable, for new construction or with any current permit for such occupancy.

102.6.1 Laws in Effect

STATE AMENDMENT
Unless specifically provided otherwise in 780 CMR, and narrow to the provisions of 780 CMR, any existing building or structure shall meet and shall be presumed to meet the provisions of the applicable laws, codes, rules or regulations, bylaws or ordinances in effect at the time such building or structure was constructed or altered and shall be allowed to continue to be occupied pursuant to its use and occupancy, provided that the building or structure shall be maintained by the owner in accordance with 780 CMR.
The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the International Fire Code or International Property Maintenance Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.

102.6.3 Less Stringent

STATE AMENDMENT
In cases where the provisions of 780 CMR are less stringent than the applicable codes, rules or regulations, bylaws or ordinances at the time of such construction or substantial alteration, the applicable provisions of 780 CMR shall apply, providing such application can be reasonably demonstrated not to result in danger to the public, as determined by the building official.
The building official may cite any of the following conditions 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 780 CMR:

  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

STATE AMENDMENT
Buildings or structures moved into or within the jurisdiction of the Commonwealth shall comply with the provisions of 780 CMR 34.00: Existing Building Code, 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.
All buildings and structures and all parts thereof, both existing and new, and all systems and equipment therein which are regulated by 780 CMR shall be maintained in a safe, operable and sanitary condition.

All service equipment, means of egress, devices and safeguards which 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.
The owner shall be responsible for compliance with the provisions of 780 CMR.

102.6.2 Laws Not in Use

STATE AMENDMENT
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 780 CMR.

Part 2 ‒ Administration and Enforcement

Section 103 ENFORCEMENT

STATE AMENDMENT
The Department of Building Safety is hereby created and the official in charge thereof shall be known as the building official.
Reference to the Department of Building Safety shall be considered reference to the building official. 780 CMR shall be enforced by the building official, and in accordance with M.G.L. c. 143, §§ 3, 3A, 3Y, and 3Z and M.G.L. c. 22, the building official shall include the building commissioner or inspector of buildings, local inspector, and state building inspector.

103.2 Appointment

STATE AMENDMENT
The building official shall be appointed by the chief appointing authority of the jurisdiction.

103.3 Deputies

STATE AMENDMENT
In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official. For the maintenance of existing properties, see the International Property Maintenance Code.

104.1 General

STATE AMENDMENT
The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. The building official is hereby authorized and directed to enforce the provisions of 780 CMR in accordance with M.G.L. c. 143, §§ 3 and 3A. The State Inspector of the Division of Professional Licensure, Office of Public Safety and Inspections,shall enforce 780 CMR as to any building or structure within any city or town that is owned in whole or in part 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 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 780 CMR.
For applications for reconstruction, rehabilitation, repair, alteration, addition or other improvement of existing buildings or structures located in flood hazard areas, the building official shall determine if the proposed work constitutes substantial improvement or repair of substantial damage. Where the building official determines that the proposed work constitutes substantial improvement or repair of substantial damage, and where required by this code, the building official shall require the building to meet the requirements of Section 1612.

104.3 Notices and Orders

STATE AMENDMENT
The building official shall issue necessary notices or orders to ensure compliance with this code.
The building official shall issue all necessary notices or orders to ensure compliance with 780 CMR.

104.4 Inspections

STATE AMENDMENT
The building official shall make 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.
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.
Whenever in the enforcement of 780 CMR, or another code or ordinance, the responsibility of more than one enforcement official 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.

104.5 Identification

STATE AMENDMENT
The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under 780 CMR.

104.6 Right of Entry

STATE AMENDMENT
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 that is contrary to or in violation of this code that 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. Where it is necessary to make an inspection to enforce the provisions of 780 CMR, 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 780 CMR 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 780 CMR, 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. See M.G.L. c. 143, §§ 6 and 50.

104.7 Department Records

STATE AMENDMENT
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.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

STATE AMENDMENT
The building official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be civilly or criminally rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. All claims of liability relative to building officials shall be governed by M.G.L. c. 258.

104.8.1 Legal Defense

STATE AMENDMENT
Any suit or criminal complaint instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representatives of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code.
Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval.Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval.
The use of used materials that 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. The use of used materials which meet the requirements of 780 CMR for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official.

104.10 Modifications

STATE AMENDMENT
Where 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 the owner's authorized agent, provided that the building official shall first find that special individual reason makes the strict letter of this code impractical, 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. Wherever there are practical difficulties involved in carrying out the provisions of 780 CMR, 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 780 CMR impractical and the modification is in compliance with the intent and purpose of 780 CMR 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 building official.

104.10.1 Flood Hazard Areas

STATE AMENDMENT
The building official shall not grant modifications to any provision required in flood hazard areas as established by Section 1612.3 unless a determination has been made that:

1. A showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site render the elevation standards of Section 1612 inappropriate.

2. A determination that failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable.

3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing laws or ordinances.

4. A determination that the variance is the minimum necessary to afford relief, considering the flood hazard.

5. Submission to the applicant of written notice specifying the difference between the design flood elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation, and stating that construction below the design flood elevation increases risks to life and property.
The building official shall not grant modifications to any provision related to flood hazard areas and coastal dunes as established by 780 CMR without the granting of a variance to such provisions by the Building Code Appeals Board. Also, no variance to requirements of 780 CMR 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), or 310 CMR 10.00.
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, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved. The provisions of 780 CMR are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by 780 CMR, 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 780 CMR, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in 780 CMR in quality, strength, effectiveness, fire resistance, durability and safety.

104.11.1 Research Reports

STATE AMENDMENT
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.
Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in 780 CMR, shall consist of valid research reports from approved sources.

104.11.2 Tests

STATE AMENDMENT
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.
Whenever there is insufficient evidence of compliance with the provisions of 780 CMR, or evidence that a material or method does not conform to the requirements of 780 CMR, 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 enforcement authority. Test methods shall be as specified in 780 CMR 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.
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 780 CMR may be appropriately addressed. Matters not specifically provided for in 780 CMR 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. The details of action granting modifications shall be recorded and entered in the files of the building official. For highly specialized buildings and structures that conform to unique code requirements or nationally recognized standards not required in 780 CMR, registered design professionals shall provide sufficient information to the building official to support their approval.

105.1 Required

STATE AMENDMENT
Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. It shall be unlawful to construct, reconstruct, alter, repair, remove or demolish a building or structure; or to change the use or occupancy of a building or structure; or to install or alter any equipment for which provision is made or the installation of which is regulated by 780 CMR without first filing an application with the building official and obtaining the required permit.

105.1.1 Annual Permit

STATE AMENDMENT
Instead of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing installation, the building official is authorized to issue an annual permit upon application therefor to any person, firm or corporation regularly employing one or more qualified tradepersons in the building, structure or on the premises owned or operated by the applicant for the permit.
The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated.
Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than 120 square feet (11 m2).

2. Fences not over 7 feet (2134 mm) high.

3. Oil derricks.

4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.

5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18 925 L) and the ratio of height to diameter or width is not greater than 2:1.

6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.

7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

8. Temporary motion picture, television and theater stage sets and scenery.

9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground.

10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

11. Swings and other playground equipment accessory to detached one- and two-family dwellings.

12. Window awnings in Group R-3 and U occupancies, 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.

13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.

Electrical:

Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas.

Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

Gas:

1. Portable heating appliance.

2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

Mechanical:

1. Portable heating appliance.

2. Portable ventilation equipment.

3. Portable cooling unit.

4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.

5. Replacement of any part that does not alter its approval or make it unsafe.

6. Portable evaporative cooler.

7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (0.75 kW) or less.

Plumbing:

1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.
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 structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than 120 ft.2 (11 m2).
  2. Fences not over seven feet (2,134 mm) high.
  3. Oil derricks.
  4. Retaining walls that are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.
  5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18,925 L) and the ratio of height to diameter or width is not greater than 2:1.
  6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.
  7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
  8. Temporary motion picture, television and theater stage sets and scenery.
  9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18,925 L) and are installed entirely above ground.
  10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
  11. Swings and other playground equipment accessory to detached one- and twofamily dwellings. See also521 CMR for accessibility requirements as applicable.
  12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support.
  13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over five feet nine inches (1,753 mm) in height.
  14. 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.
  15. Replacement or repair of any component or components of a fire protection system, where such does not affect system performance and compatibility. No building permit is required for maintenance. Other permits, however, may be required pursuant to applicable provisions of M.G.L. c.148, § 27A and of 527 CMR.

105.2.1 Emergency Repairs

STATE AMENDMENT
Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official. Where replacements and repairs governed by 780 CMRshall 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

STATE AMENDMENT
Application or notice to the building official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the 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; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety. 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.
A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right.
To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the department of building safety for that purpose. Such application 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.

4. Be accompanied by construction documents and other information as required in Section 107.

5. State the valuation of the proposed work.

6. Be signed by the applicant, or the applicant's authorized agent.

7. Give such other data and information as required by the building official.
To obtain a permit, the owner 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 http://www.mass.gov/ocabr/government/oca-agencies/dpl-lp/opsi/. 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 780 CMR.
  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 or authorized agent.
  7. Give such other data and information as required by the building official in accordance with 780 CMR.
  8. If applicable, include the registration number and information of home improvement contractors or subcontractors for residential contracting services, in accordance with M.G.L. c. 142A, §§ 9(a) and 13.
The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable. 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 780 CMR and all pertinent laws 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, shall 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, § 35B.
  7. Construction in coastal dunes: in accordance with flood construction requirements of 780 CMR.
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.
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.

105.4 Validity of Permit

STATE AMENDMENT
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 authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction.
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 780 CMR or of any other law or ordinance. Permits presuming to give authority to violate or cancel the provisions of 780 CMR or other laws or ordinances 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 780 CMR or of any other laws or ordinances.

105.5 Expiration

STATE AMENDMENT
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.
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. The building official is authorized to suspend or revoke a permit issued under the provisions of 780 CMR 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 780 CMR.

105.7 Placement of Permit

STATE AMENDMENT
The building permit or copy shall be kept on the site of the work until the completion of the project.
The permit or copy shall be kept on the site of the work until the completion of the project.

105.8 Notice of Start

STATE AMENDMENT
The building official may require to be notified at least one business day before the start of work.
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

STATE AMENDMENT
The independent structural engineering review shall be in accordance with the guidance document found at http://www.mass.gov/ocabr/government/oca-agencies/dpl-lp/opsi/.

105.9.2 Disputes

STATE AMENDMENT
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.

106.1 Live Loads Posted

STATE AMENDMENT
In commercial or industrial buildings, for each floor or portion thereof designed for live loads exceeding 50 psf (2.40 kN/m2), such design live loads shall be conspicuously posted by the owner or the owner's authorized agent in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices.
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. 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.
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 780 CMR.

107.1 General

STATE AMENDMENT
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.
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 780 CMR.
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.
For permits that include fire protection systems under 780 CMR 4.00: Special Detailed Requirements Based on Use and Occupancy, 780 CMR 9.00: Fire Protection Systems, or 780 CMR 34.00: Existing Building Code, 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 tenworking 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 30days. 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 non-compliant with 780 CMR or reference standards, he or she shall notify the building official in writing citing relevant sections of non-compliance with 780 CMR or the section of the referenced standards adopted in 780 CMR 35.00: Referenced Standards. See M.G.L. c. 148, § 28A.
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 Officeand shall include a stamp approval and signature.
  3. Plans shall be stamped on every page by a third party inspection agency.
  4. Every page showing calculations by a registered design professionalshall 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 shall 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 shall accompany the plan submittal package with approved certification from manufacturer.
Construction documents shall be in accordance with Sections 107.2.1 through 107.2.6.Construction documents shall be in accordance with sections 107.2.1 through 107.2.6.
Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted where 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.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 780 CMR and relevant laws, ordinances, rules and regulations, as determined by the building official.
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.Shop drawings for the fire protection system(s) shall be submitted to indicate conformance to 780 CMR 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 780 CMR 9.00: Fire Protection Systems.

107.2.3 Means of Egress

STATE AMENDMENT
The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress including the path of the exit discharge to the public way 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.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 780 CMR. In other than occupancies in Groups R2, 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 that was tested, where applicable, as well as the test procedure used.
Construction documents for all buildings shall describe the exterior wallenvelope in sufficient detail to determine compliance with 780 CMR. The construction documents shall provide details of the exterior wallenvelope 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 wallenvelope. 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

STATE AMENDMENT
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 design 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 where the application for permit is for alteration or repair or where otherwise warranted.
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 design 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.
Where design flood elevations are not specified, they shall be established in accordance with Section 1612.3.1.Where design flood elevations are not specified, they shall be established in accordance with section 1612.3.1.
The construction documents shall provide the information specified in Section 1603.

107.2.6 COMcheck submittal

STATE AMENDMENT
The construction documents submitted with the application for permit shall be accompanied by completed COMcheck Envelope, Lighting and Mechanical Compliance Certificates, and a Plan Review Inspection Checklist for the purposes of demonstrating compliance with the energy provisions of 780 CMR 13.00: Energy Efficiency.
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.
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 780 CMR 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.
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.

107.3.2 Previous Approvals

STATE AMENDMENT
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. 780 CMR 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 780 CMR and has not been abandoned.

107.3.3 Phased Approval

STATE AMENDMENT
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. 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 780 CMR. 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.
Where it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner or the owner's authorized agent 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 or the owner's authorized agent 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 or the owner's authorized agent 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.

107.3.4 Deferred Submittals

STATE AMENDMENT
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 deferred submittal items shall not be installed until the deferred submittal documents have been approved by the building official.
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. 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.
One set of approved construction documents shall be retained by the building official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws. One set of approvedconstruction documents shall be retained by the building official in accordance with M.G.L. c. 66, § 8.

107.6 Construction Control

STATE AMENDMENT

107.6.1 General

STATE AMENDMENT
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.
Telecommunication towers, wind turbine towers, and similar structures are engineered structures and shall be subject to the requirements of section 107.6.

107.6.2.1 Design

STATE AMENDMENT
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 (seesection 107.1.1).

Said signature and seal shall signify that the plans, computations and specifications meet the applicable provisions of 780 CMR and accepted engineering practices. Any alternative means and methods which deviate from prescriptive requirements of 780 CMR shall be submitted to the building official for approval in a narrative form separate from the plans.

107.6.2.2 Construction

STATE AMENDMENT
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 780 CMR 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 780 CMR 17.00: Special Inspections and Tests.
  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 780 CMR.
The permit application shall not be deemed completed until all of the construction documents required by 780 CMR 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 780 CMR. Forms for construction control when required by the building official shall be those found at http://www.mass.gov/ocabr/government/oca-agencies/dpl-lp/opsi/.
Special inspections and tests shall be provided in accordance with 780 CMR 17.00: Special Inspections and Tests.
Tests and inspections of non-structural systems shall be performed in accordance with applicable engineering practice standards, referenced standards listed in 780 CMR 35.00: Referenced Standards, or as otherwise specified in 780 CMR
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.
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 in accordance withsection107.6.
Nothing contained in section 107.6 shall have the effect of waiving or limiting the building official’s authority to enforce 780 CMR with respect to examination of the contract documents, including plans, computations and specifications, and field inspections.

108.1 General

STATE AMENDMENT
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.Nothing contained in section 107.6 shall have the effect of waiving or limiting the building official’s authority to enforce 780 CMR with respect to examination of the contract documents, including plans, computations and specifications, and field inspections.

108.2 Conformance

STATE AMENDMENT
Temporary structures and uses shall comply with the requirements in Section 3103.
Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of 780 CMR as necessary to ensure public health, safety, and general welfare.

108.3 Temporary Power

STATE AMENDMENT
The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in NFPA 70.
Temporary structures and uses shall be approved by the building official in consultation with the head of the local fire department.
The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued. 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

STATE AMENDMENT
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 780 CMR.See also780 CMR 31.00: Special Construction.

109.1 Payment of Fees

STATE AMENDMENT
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.
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.
On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. For state building permit fees, see 801 CMR 4.02: Fees for Licenses, Permits, and Services to be Charged by State Agencies. For municipal building permit fees, refer to the municipality.
The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. 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.
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.
Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees.Any person who commences any work on a building or structure governed by 780 CMR before obtaining the necessary building permit shall be in violation of 780 CMR and subject to penalties. Seesection 114.

EXCEPTION: Emergency repairs as found in section 105.2.1

109.5 Related Fees

STATE AMENDMENT
The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. 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

STATE AMENDMENT
The building official is authorized to establish a refund policy.

110.1 General

STATE AMENDMENT
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 owner or the owner's authorized agent to cause the work to remain accessible and exposed for inspection purposes. 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. 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 780 CMR or of other laws or ordinances. Inspections presuming to give authority to violate or cancel the provisions of 780 CMR or of other laws or ordinances 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 780 CMR. Neither the building official nor the applicable enforcement authority 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.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

STATE AMENDMENT
The building official, upon notification, shall make the inspections set forth in Sections 110.3.1 through 110.3.10.The building official shall conduct inspections during construction at intervals sufficient to ensure compliance with the provisions of 780 CMR 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 C94, 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.
In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in Section 1612.5 shall be submitted to the building official.In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in section 1612.5 shall be submitted to the building official.

110.3.4 Frame Inspection

STATE AMENDMENT
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. Framing inspections shall be made after the roof deck or sheathing, all framing, fire-blocking 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, gypsum board and gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished.

Exception: Gypsum board and gypsum panel products that are not part of a fire-resistance-rated assembly or a shear assembly.
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-resistancerated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved.
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.
Inspections shall be made to determine compliance with Chapter 13 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.
Inspections shall be made to determine compliance with 780 CMR13.00: Energy Efficiency and shall include, but not be limited to, inspections for: envelope insulation R- and U-values, fenestration Uvalue, duct system R- value, and HVAC and water-heating equipment efficiency.

110.3.8 Other Inspections

STATE AMENDMENT
In addition to the inspections specified in Sections 110.3.1 through 110.3.7, 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.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 780 CMR and other laws that are enforced by the building official.

110.3.9 Special Inspections

STATE AMENDMENT
For special inspections, see Chapter 17.
For special inspections, see 780 CMR 17.00.

110.3.10 Final Inspection

STATE AMENDMENT
The final inspection shall be made after all work required by the building permit is completed.The final inspection shall be made after all work required by the building permit is completed.
If located in a flood hazard area, documentation of the elevation of the lowest floor as required in Section 1612.5 shall be submitted to the building official prior to the final inspection.If located in a flood hazard area, documentation of the elevation of the lowest floor as required in section 1612.5 shall be submitted to the building official prior to the final inspection.

110.4 Inspection Agencies

STATE AMENDMENT
The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability.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

STATE AMENDMENT
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.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 780 CMR. The building official may require the permit holder or his or her representative to attend these inspections.

110.6 Approval Required

STATE AMENDMENT
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.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 780 CMR. 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

STATE AMENDMENT
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 51.00: Massachusetts Residential Code.

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
Semi-annual One year
≤ 400 occupant
load
Semi-annual One year
A-2 Restaurants, Night Clubs or similar
uses
> 400 occupant
load1
Semi-annual1 One year
≤ 400 occupant load1 Annual1 One year
A-3 Lecture halls, dance halls, churches and places of religious worship,
recreational centers, terminals, etc.
> 400 occupant load Semi-annual One year
≤ 400 occupant
load
Annual 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-preservation: 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 (as recognized by Massachusetts
Historical Commission)
Annual One year
Any Fire escapes, etc. per 780 CMR 10.00: 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.
  5. It is the responsibility of building ownerto 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.

111.1 Use and Occupancy

STATE AMENDMENT
A building or structure shall not be used or occupied, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefor 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.

Exception: Certificates of occupancy are not required for work exempt from permits in accordance with Section 105.2.
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 therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of 780 CMR or of other laws or ordinances. Conformance to all applicable specialized codes of M.G.L. c. 143, § 96, and submittal of a certificate of compliance for Title V, if applicable in accordance with 310 CMR 15.00, are requirements 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.
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 approvedpermits and of the applicable codes for which permit is required.
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 780 CMR.

111.2 Certificate Issued

STATE AMENDMENT
After the building official inspects the building or structure and does not find 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. The name and address of the owner or the owner's authorized agent.

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 official.

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.

9. The type of construction as defined in Chapter 6.

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.
After the building official inspects the building or structure and finds no violations of the provisions of 780 CMR or other laws that are enforced by the building official, the building commissioner/inspector of buildings or state building inspector shall issue a certificate of occupancy within ten days 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 780 CMR 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 780 CMR 3.00: Use and Occupancy Classification.
  9. The type of construction as defined in 780 CMR 6.00: 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 that apply regarding building features.

111.3 Temporary Occupancy

STATE AMENDMENT
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 during which the temporary certificate of occupancy is valid. 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.

111.4 Revocation

STATE AMENDMENT
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.
The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of 780 CMR 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 780 CMR.

111.5 Posting

STATE AMENDMENT
Buildings and structures shall be posted for occupancy as noted in this section.
A copy of the certificate of occupancy shall be posted at the main entry or be made readily available for inspection.
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 780 CMR 3.00: 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
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 (A-Use Groups). Said placard shall designate all of the occupant loads approved for each configuration within each room or space.
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.
The building official may periodically inspect all existing buildings and structures except one- and two-family dwellings for compliance with 780 CMR in respect to posting; or 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 780 CMR.
A person shall not make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official.

112.2 Temporary Connection

STATE AMENDMENT
The building official shall have the authority to authorize the temporary connection of the building or system to the utility, source of energy, fuel or power.
The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 101.4 in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without the approval required by Section 112.1 or 112.2. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter.

Section 113 APPEALS

STATE AMENDMENT

113.1 General

STATE AMENDMENT
In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business. 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 780 CMR 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 http://www.mass.gov/ocabr/government/oca-agencies/dpl-lp/opsi/
An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall not have authority to waive requirements of this code.
Reserved

113.3 Qualifications

STATE AMENDMENT
The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction.
Reserved
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, 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 shall be heard by the local board before being heard by the state Building Code Appeals Board.

113.4.1 Review

STATE AMENDMENT
Any person, including the 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 Building Code Appeals Board for a hearing de novo, 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 http://www.mass.gov/ocabr/government/oca-agencies/dpl-lp/opsi/.
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.
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

STATE AMENDMENT
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.

114.1 Unlawful Acts

STATE AMENDMENT
It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy 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. 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 780 CMR, or cause same to be done, in conflict with or in violation of any of the provisions of 780 CMR.

114.2 Notice of Violation

STATE AMENDMENT
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.
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 780 CMR, or in violation of a permit or certificate issued under the provisions of 780 CMR. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
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 his or heragent authorized to accept service of process in the Commonwealtha copy of the order by registered or certified mail return receipt requested, if he or she is within the Commonwealth; 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.
If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.

114.3 Enforcement

STATE AMENDMENT
Violations to 780 CMR 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

STATE AMENDMENT
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 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 law. Any person who violates a provision of 780 CMR 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 approvedconstruction documents or directive of the building official, or of a permit or certificate issued under the provisions of 780 CMR, shall be subject to penalties as prescribed by M.G.L. c. 143, § 94(a).

115.1 Authority

STATE AMENDMENT
Where 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.Whenever the building official finds any work regulated by 780 CMR being performed in a manner either contrary to the provisions of 780 CMR or dangerous or unsafe, the building official is authorized to issue a stop work order.

115.2 Issuance

STATE AMENDMENT
The stop work order shall be in writing and shall be given to the owner of the property involved, the owner's authorized agent or the person performing 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.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

STATE AMENDMENT
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 law.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, § 94(a). Each day during which a violation exists shall constitute a separate offense.

116.1 Conditions

STATE AMENDMENT
Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe.

116.1 General

STATE AMENDMENT
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

STATE AMENDMENT
The building official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
Any owner of a building who has been notified that said building shall be made safe or secure under section 116, 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:

    1. Secure all window and door openings in accordance with the U.S. Fire Administration, National Arson Prevention Initiative Board Up Procedures found here: http://www.interfire.org/pdf/USFA%20Board%20Up.pdf continuously until such time as the building is reoccupied; or
    2. Provide 24 hour watchman services, continuously until such time as the building is reoccupied; or
    3. Provide a monitored intruder alarm system at the perimeter of all floors accessible from grade, continuously until such time as the building is reoccupied.
    Said owner, as the case may be, shall notify the building official that the approved method chosen to secure the building has been incorporated. Said owner shall allow the building official to enter the building for an inspection to ascertain that the building is secured and made safe. Said owner shall allow the head of the fire department to enter the building. The building official shall be supplied with records of maintenance and operation if the provisions of section 116.2 items 2b. or 2c. 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 116.2 items 1. through 4. do not prevent a building official from ordering or taking expeditious, temporary security measures in emergency situations pending the completion of the requirements of section 116.2 items 1. through 4.
For the purposes of section 116, an “emergency situation” shall be defined as: an unexpected incident, which by its very nature may present a threat to public safety personnel who may be required to affect a rescue effort or conduct fire extinguishment operations.

Upon refusal or neglect of said owner to comply with such notice, any building official acting under the authority of M.G.L. c. 143, §§ 6 through12, shall enforce section 116.2 item 2a. 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 116.2 during vacancy may be reoccupied under its last permitted use and occupancy classification, provided that any systems which were disconnected or shut down during the period of vacancy are restored to fully functional condition and subject to section 105 and M.G.L. c. 40A. The local building official shall be notified in writing prior to re-occupancy. If said building is changed in use or occupancy or otherwise renovated or altered it shall be subject to the applicable provisions of 780 CMR 34.00: Existing Building Code.

116.3 Notice

STATE AMENDMENT
If an unsafe condition is found, the building official shall serve on the owner, agent or person in control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the building official acceptance or rejection of the terms of the order.
Any building official who determines that a building is especially unsafe in case of fire under section 116 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 in 527 CMR.

116.4 Method of Service

STATE AMENDMENT
Such notice shall be deemed properly served if a copy thereof is (a) delivered to the owner personally; (b) sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested; or (c) delivered in any other manner as prescribed by local law. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner.

116.5 Restoration

STATE AMENDMENT
Where the structure or equipment determined to be unsafe by the building official is restored to a safe condition, to the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions and change of occupancy shall comply with the requirements of Section 105.2.2 and the International Existing Building Code.
Resources
Help us
keep law free