CODES

ADOPTS WITH AMENDMENTS:

International Residential Code 2015 (IRC 2015)

Part I ‒ Administrative

Chapter 1 Scope and Administration

Part 1 — Scope and Application
Part 2 — Administration and Enforcement
Part II ‒ Definitions

Chapter 2 Definitions

Part III ‒ Building Planning and Construction

Chapter 3 Building Planning

Chapter 4 Foundations

Chapter 5 Floors

Chapter 6 Wall Construction

Chapter 7 Wall Covering

Chapter 8 Roof-Ceiling Construction

Chapter 9 Roof Assemblies

Chapter 10 Chimneys and Fireplaces

Part IV ‒ Energy Conservation

Chapter 11 [RE] Energy Efficiency

Part V ‒ Mechanical

Chapter 12 Mechanical Administration

Chapter 13 General Mechanical System Requirements

Chapter 14 Heating and Cooling Equipment and Appliances

Chapter 15 Exhaust Systems

Chapter 16 Duct Systems

Chapter 17 Combustion Air

Chapter 18 Chimneys and Vents

Chapter 19 Special Appliances, Equipment and Systems

Chapter 20 Boilers and Water Heaters

Chapter 21 Hydronic Piping

Chapter 22 Special Piping and Storage Systems

Chapter 23 Solar Thermal Energy Systems

Part VI ‒ Fuel Gas

Chapter 24 Fuel Gas

Part VII ‒ Plumbing

Chapter 25 Plumbing Administration

Chapter 25 THROUGH 33 PLUMBING

Chapter 26 General Plumbing Requirements

Chapter 27 Plumbing Fixtures

Chapter 28 Water Heaters

Chapter 29 Water Supply and Distribution

Chapter 30 Sanitary Drainage

Chapter 31 Vents

Chapter 32 Traps

Chapter 33 Storm Drainage

Part VIII ‒ Electrical

Chapter 34 General Requirements

Chapter 34 THROUGH 43: ELECTRICAL

Chapter 35 Electrical Definitions

Chapter 36 Services

Chapter 37 Branch Circuit and Feeder Requirements

Chapter 38 Wiring Methods

Chapter 39 Power and Lighting Distribution

Chapter 40 Devices and Luminaires

Chapter 41 Appliance Installation

Chapter 42 Swimming Pools

Chapter 43 Class 2 Remote-Control, Signaling and Power-Limited Circuits

Part IX ‒ Referenced Standards

Chapter 44 Referenced Standards

Appendix A Sizing and Capacities of Gas Piping

Appendix A SIZING AND CAPACITIES OF GAS PIPING

Appendix B Sizing of Venting Systems Serving Appliances Equipped With Draft Hoods, Category I Appliances, and Appliances Listed for Use With Type B Vents

Appendix B SIZING OF VENTING SYSTEMS SERVING APPLIANCES EQUIPPED WITH DRAFT HOODS, CATEGORY I APPLIANCES, AND APPLIANCES LISTED FOR USE WITH TYPE B VENTS

Appendix C Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems

Appendix C EXIT TERMINALS OF MECHANICAL DRAFT AND DIRECT-VENT VENTING SYSTEMS

Appendix D Recommended Procedure for Safety Inspection of an Existing Appliance Installation

Appendix D RECOMMENDED PROCEDURE FOR SAFETY INSPECTION OF AN EXISTING APPLIANCE SYSTEMS

Appendix E Manufactured Housing Used as Dwellings

Appendix F Radon Control Methods

Appendix G Piping Standards for Various Applications

Appendix G PIPING STANDARDS FOR VARIOUS APPLICATIONS

Appendix H Patio Covers

Appendix I Private Sewage Disposal

Appendix J Existing Buildings and Structures

Appendix K Sound Transmission

Appendix L Permit Fees

Appendix L PERMIT FEES (see 801 CMR 4.00: Rates, as applicable)

Appendix M HOME DAY CARE—R-3 OCCUPANCY

Appendix M HOME DAY CARE – R-3 OCCPANCY

Appendix N Venting Methods

Appendix N VENTING METHODS

Appendix O Automatic Vehicular Gates

Appendix P Sizing of Water Piping System

Appendix P SIZING OF WATER PIPING SYSTEM

Appendix Q Reserved

Appendix Q

Appendix R Light Straw-Clay Construction

Appendix R LIGHT STRAW-CLAY CONSTRUCTION

Appendix S Strawbale Construction

Appendix S Strawbale Construction

Appendix T Recommended Procedure for Worst-Case Testing of Atmospheric Venting Systems Under N1102.4 or N1105 Conditions ≤ 5ACH50

Appendix T RECOMMENDED PROCEDURE FOR WORST-CASE TESTING OF ATMOSPHERIC VENTING SYSTEMS UNDER N1102.4 OR N1105 CONDITIONS ≤ 5 ACH50

Appendix U SOLAR-READY PROVISIONS—DETACHED ONE- AND TWO-FAMILY DWELLINGS, MULTIPLE SINGLE- FAMILY DWELLINGS (TOWNHOUSES)

Appendix AA Stretch Energy Code

Part 1 — Scope and Application

R101.1 Title

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
These provisions shall be known as the Residential Code for One- and Two-family Dwellings of [NAME OF JURISDICTION], and shall be cited as such and will be referred to herein as "this code."

R101.1 Adoption and Title

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
The Board of Building Regulations and Standards (“BBRS”) adopts and incorporates by reference the International Residential Code, 2015 (“IBC”), as periodically amended by errata, the following chapters, as well as 110.R1 through 115AA. These, together with modifications as set forth, shall collectively comprise 780 CMR 51.00: Massachusetts Residential Code, otherwise known as the Massachusetts State Building Code, Ninth Edition, Residential Volume.

R101.2 Scope

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
The provisions of the International Residential Code for One- and Two-family Dwellings shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and 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.

Exceptions:

1. Live/work units located in townhouses and complying with the requirements of Section 419 of the International Building Code shall be permitted to be constructed in accordance with the International Residential Code for One- and Two-Family Dwellings. Fire suppression required by Section 419.5 of the International Building Code where constructed under the International Residential Code for One- and Two-family Dwellings shall conform to Section P2904.

2. Owner-occupied lodging houses with five or fewer guestrooms shall be permitted to be constructed in accordance with the International Residential Code for One- and Two-family Dwellings where equipped with a fire sprinkler system in accordance with Section P2904.
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; of 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 not more than three stories above grade plane, and other buildings as described in 780 CMR;
  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 practices;
  4. other powers and duties found in M.G.L. c. 143, §§ 93 through 100, but not listed herein; and
  5. Owner-occupied lodging houses with five or fewer guestrooms.

R101.3 Intent

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
The purpose of this code is to establish minimum requirements to safeguard the public safety, health and general welfare through affordability, structural strength, means of egress facilities, stability, sanitation, 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.
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.

R101.4 Referenced Codes

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Referenced codes include the specialized codes of M.G.L. c. 143, § 96 and other codes and regulations listed in sections 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.

R101.4.1 Gas and Fossil Fuel Burning Appliances

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

R101.4.2 Mechanical

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
The provisions of the International Mechanical Code (“IMC”) shall apply to all mechanical systems except for that which is defined as sheet metal work by M.G.L. c. 112, § 237.

R101.4.3 Plumbing

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

R101.4.4 Property Maintenance

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Reference to the International Property Maintenance Code shall be considered reference to 780 CMR and within the jurisdiction of the building official.

R101.4.5 Fire Prevention

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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 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. The following statute is enforced by the head of the fire department, and shall be appealed through the automatic sprinkler appeals board:

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 a court of competent jurisdiction:

M.G.L. c. 148, § 26I (if adopted through local option): certain multiple dwelling units

R101.4.6 Energy

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Chapter 11: Energy Efficiency of 780 CMR 51.00: Massachusetts Residential Code shall apply to all matters governing the design and construction of buildings for energy efficiency.

R101.4.7 Architectural Access

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R101.4.8 Environmental Protection

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

R101.4.9 Elevators

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Any reference in 780 CMR to elevators shall be considered reference to 524 CMR: Board of Elevator Regulations.

R101.4.10 Electrical

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Any reference in 780 CMR to the International Electrical Code shall be considered reference to 527 CMR 12.00: Massachusetts Electrical Code (Amendments).

R101.4.11 International Residential Code

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

R101.4.12 Residential Contracting

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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 to contact the Office of Consumer Affairs and Business Regulation, which administers the program.

R101.5 BBRS Advisory Committees

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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/opsi/. 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 Licensure staff
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, engineer-in-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 R102 Applicability

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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 version of 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.

R102.1 General

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R102.2 Other Laws

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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 throughout 780 CMR. It is the code user’s responsibility to determine all applicable laws and regulations relevant to 780 CMR or any portion thereof.

R102.2.1 DDS Facilities

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R102.2.2 Municipal Bylaws or Ordinances

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R102.3 Application of References

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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 51.00: Massachusetts Residential Code.

R102.4 Referenced Codes and Standards

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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 R102.4.1 and R102.4.2.

Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer's instructions shall apply.
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.

R102.4.1 Conflicts

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.

R102.4.2 Provisions in Referenced Codes and Standards

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard.

R102.5 Appendices

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Provisions in the appendices shall not apply unless specifically referenced in the adopting ordinance.

R102.5 Partial Invalidity

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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

R102.6 Partial Invalidity

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
In the event 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.

R102.6.1 Laws in Effect

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R102.6.2 Laws Not in Use

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R102.6.3 Less Stringent

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R102.6.4 Existing Means of Egress, Lighting and Ventilation

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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; and
  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.

R102.6 Existing Structures

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R102.7 Existing Structures

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

R102.7 Moved Structures

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Buildings or structures moved into or within the jurisdiction of the Commonwealth shall comply with the provisions of Appendix J to 780 CMR 51.00: Massachusetts Residential 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.

R102.7.1 Additions, Alterations or Repairs

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Additions, alterations or repairs to any structure shall conform to the requirements for a new structure without requiring the existing structure to comply with the requirements of this code, unless otherwise stated. Additions, alterations, repairs and relocations shall not cause an existing structure to become unsafe or adversely affect the performance of the building.

R102.8 Maintenance of Existing Buildings and Structures

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R102.8.1 Owner Responsibility

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
The owner shall be responsible for compliance with the provisions of 780 CMR.

Part 2 — Administration and Enforcement

R103.1 Creation of Enforcement Agency

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
The department of building safety is hereby created and the official in charge thereof shall be known as the building official.

R103.1 Municipal and State Enforcement

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R103.2 Appointment

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
The building official shall be appointed by the jurisdiction.

R103.3 Deputies

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R104.1 General

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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 conformance 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.

R104.2 Applications and Permits

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
The building official shall receive applications, review construction documents and issue permits for the erection and alteration 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.

R104.3 Notices and Orders

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R104.4 Inspections

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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

R104.4.1 Coordination of Inspections

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R104.5 Identification

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R104.6 Right of Entry

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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 or designee 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, the owner's authorized agent, 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.

R104.7 Department Records

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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 the 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.

R104.8 Liability

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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 rendered civilly or criminally 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.

R104.8.1 Legal Defense

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R104.9 Approved Materials and Equipment

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R104.9.1 Used Materials and Equipment

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Used materials, 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.

R104.10 Modifications

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, 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.

R104.10.1 Flood Hazard Areas

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
The building official shall not grant modifications to any provisions required in flood hazard areas as established by Table R301.2(1) unless a determination has been made that:

1. There is good and sufficient cause showing that the unique characteristics of the size, configuration or topography of the site render the elevation standards of Section R322 inappropriate.

2. Failure to grant the modification would result in exceptional hardship by rendering the lot undevelopable.

3. The granting of modification 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. The modification is the minimum necessary to afford relief, considering the flood hazard.

5. 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, has been submitted to the applicant.
The building official shall not grant modifications to any provision related to flood hazard areas as established by 780 CMR without the granting of a variance by the Building Code Appeals Board.

R104.11 Alternative Materials, Design and Methods of Construction and Equipment

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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. Compliance with the specific performance-based provisions of the International Codes shall be an alternative to the specific requirements of this code. 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.

R104.11.1 Tests

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Where 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.

R104.11.2 Tests

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R104.12 Matters Not Provided For

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R104.11.1 Research Reports

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R105.1 Required

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R105.2 Work Exempt From Permit

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Exemption 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, provided that the floor area does not exceed 200 square feet (18.58 m2).

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

3. 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.

4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to 1.

5. Sidewalks and driveways.

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

7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.

8. Swings and other playground equipment.

9. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.

10. Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling do not serve the exit door required by Section R311.4.

Electrical:

1. Listed cord-and-plug connected temporary decorative lighting.

2. Reinstallation of attachment plug receptacles but not the outlets therefor.

3. Replacement of branch circuit overcurrent devices of the required capacity in the same location.

4. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.

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

Gas:

1. Portable heating, cooking or clothes drying appliances.

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

3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

Mechanical:

1. Portable heating appliances.

2. Portable ventilation appliances.

3. Portable cooling units.

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

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

6. Portable evaporative coolers.

7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less.

8. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

Plumbing:

1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, 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, 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, provided that the floor area does not exceed 200 ft2 (18.58 m2).
  2. Fences not over seven feet (2,134 mm) high.
  3. 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.
  4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L) and the ratio of height to diameter or width does not exceed 2 to 1.
  5. Sidewalks and driveways.
  6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
  7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
  8. Swings and other playground equipment. Refer to 521 CMR for accessibility requirements as applicable.
  9. Window awnings 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.
  10. Decks not exceeding 200 ft2 (18.58 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, that are not attached to a dwelling, and that do not serve the exit door required by section R311.4.
  11. 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.

R105.2.1 Emergency Repairs

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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 CMR must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official.

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

R105.2.2 Repairs

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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 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 authority of 780 CMR.

R105.2.3 Public Service Agencies

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution, metering or other related equipment that is under the ownership and control of public service agencies by established right.

R105.3 Application for Permit

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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 R106.1.

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.

R105.3.1 Action on Application

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R105.3.1.1 Determination of Substantially Improved or Substantially Damaged Existing Buildings in Flood Hazard Areas

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
For applications for reconstruction, rehabilitation, addition, alteration, repair or other improvement of existing buildings or structures located in a flood hazard area as established by Table R301.2(1), the building official shall examine or cause to be examined the construction documents and shall make a determination with regard to the value of the proposed work. For buildings that have sustained damage of any origin, the value of the proposed work shall include the cost to repair the building or structure to its predamaged condition. If the building official finds that the value of proposed work equals or exceeds 50 percent of the market value of the building or structure before the damage has occurred or the improvement is started, the proposed work is a substantial improvement or restoration of substantial damage and the building official shall require existing portions of the entire building or structure to meet the requirements of Section R322.

For the purpose of this determination, a substantial improvement shall mean any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. Where the building or structure has sustained substantial damage, repairs necessary to restore the building or structure to its predamaged condition shall be considered substantial improvements regardless of the actual repair work performed. The term shall not include either of the following:

1. Improvements to a building or structure that are required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to ensure safe living conditions.

2. Any alteration of a historic building or structure, provided that the alteration will not preclude the continued designation as a historic building or structure. For the purposes of this exclusion, a historic building shall be any of the following:

2.1. Listed or preliminarily determined to be eligible for listing in the National Register of Historic Places.

2.2. Determined by the Secretary of the U.S. Department of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined to qualify as an historic district.

2.3. Designated as historic under a state or local historic preservation program that is approved by the Department of Interior.
For applications for reconstruction, rehabilitation, addition, alteration, repair or other improvement of existing buildings or structures located in a flood hazard area as established by section 322.1.1, the building official shall examine or cause to be examined the construction documents and shall make a determination with regard to the value of the proposed work. For buildings that have sustained damage of any origin, the value of the proposed work shall include the cost to repair the building or structure to its pre-damaged condition. If the building official finds that the value of proposed work equals or exceeds 50% of the market value of the building or structure before the damage has occurred or the improvement is started, the proposed work is a substantial improvement or restoration of substantial damage and the building official shall require existing portions of the entire building or structure to meet the requirements of section R322. For the purpose of this determination, a substantial improvement shall mean any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50% of the market value of the building or structure before the improvement or repair is started. Where the building or structure has sustained substantial damage, repairs necessary to restore the building or structure to its pre-damaged condition shall be considered substantial improvements regardless of the actual repair work performed. The term shall not include either of the following:

  1. Improvements to a building or structure that are required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to ensure safe living conditions.
  2. Any alteration of a historic building or structure, provided that the alteration will not preclude the continued designation as a historic building or structure. For the purposes of this exclusion, a historic building shall be any of the following:

    1. Listed or preliminarily determined to be eligible for listing in the National Register of Historic Places.
    2. Determined by the Secretary of the U.S. Department of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined to qualify as an historic district.
    3. Designated as historic under a state or local historic preservation program that is approved by the U.S. Department of the Interior.

R105.3.1.1.1 Determination of Substantial Repair of a Foundation

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of section R322.

R105.3.2 Time Limitation of Application

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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 180 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.

R105.4 Validity of Permit

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R105.5 Expiration

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized 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 prior to the permit expiration date and justifiable cause demonstrated.

R105.6 Suspension or Revocation

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R105.7 Placement of Permit

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
The building permit or a 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.

R105.8 Responsibility

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
It shall be the duty of every person who performs work for the installation or repair of building, structure, electrical, gas, mechanical or plumbing systems, for which this code is applicable, to comply with this code.

R105.8 Notice of Start

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

R105.9 Preliminary Inspection

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R105.9 Reserved

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.

Section R106 Construction Documents

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.

R106.1 Submittal Documents

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Submittal documents consisting of construction documents, and other data shall be submitted in two or more sets with each application for a permit. 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 reviewing of construction documents is not necessary to obtain compliance with this code.

R106.1.1 Information on Construction Documents

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Construction documents shall be 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.

R106.1.2 Manufacturer's Installation Instructions

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Manufacturer's installation instructions, as required by this code, shall be available on the job site at the time of inspection.

R106.1.3 Information on Braced Wall Design

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
For buildings and structures utilizing braced wall design, and where required by the building official, braced wall lines shall be identified on the construction documents. Pertinent information including, but not limited to, bracing methods, location and length of braced wall panels and foundation requirements of braced wall panels at top and bottom shall be provided.

R106.1.4 Information for Construction in Flood Hazard Areas

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
For buildings and structures located in whole or in part in flood hazard areas as established by Table R301.2(1), construction documents shall include:
  1. Delineation of flood hazard areas, floodway boundaries and flood zones and the design flood elevation, as appropriate.
  2. The elevation of the proposed lowest floor, including basement; in areas of shallow flooding (AO Zones), the height of the proposed lowest floor, including basement, above the highest adjacent grade.
  3. The elevation of the bottom of the lowest horizontal structural member in coastal high hazard areas (V Zone) and in Coastal A Zones where such zones are delineated on flood hazard maps identified in Table R301.2(1) or otherwise delineated by the jurisdiction.
  4. If design flood elevations are not included on the community's Flood Insurance Rate Map (FIRM), the building official and the applicant shall obtain and reasonably utilize any design flood elevation and floodway data available from other sources.

R106.2 Site Plan or Plot Plan

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
The construction documents submitted with the application for permit shall be accompanied by a site plan showing the size and location of new construction and existing structures on the site and distances from lot lines. 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.

R106.3 Examination of Documents

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
The building official shall examine or cause to be examined construction documents for code compliance.

R106.3.1 Approval of Construction Documents

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Where the building official issues a permit, the construction documents shall be approved in writing or by a stamp that states "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.

R106.3.2 Previous Approvals

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R106.3.3 Phased Approval

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R106.4 Amended Construction Documents

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R106.5 Retention of Construction Documents

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

Section 106 Reserved

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.

R106 Reserved

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.

Section R107 Temporary Structures and Uses

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.

R107.1 General

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R107.2 Conformance

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, light, ventilation and sanitary requirements of this code as necessary to ensure the public health, safety and general welfare.

R107.3 Temporary Power

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R107.4 Termination of Approval

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

Section 107 CONSTRUCTION DOCUMENTS

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.

R107.1 Submittal Documents

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Submittal documents consisting of construction documents, and other data shall be submitted in two or more sets with each application for a permit. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Plans and specifications for work requiring a registered design professional 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. Professional engineering services shall be required for activities which are deemed to constitute the practice of engineering as defined in M.G.L. c. 112, § 81D, except as provided in M.G.L. c. 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, plans and specifications prepared to document that work shall not be required to bear the seal or signature of 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.

R107.1.1 Information on Construction Documents

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Construction documents shall be 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 780 CMR and relevant laws, ordinances, rules and regulations, as determined by the building official.

R107.1.2 Manufacturer’s Installation Instructions

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Manufacturer’s installation instructions, as required by 780 CMR, shall be available on the job site at the time of inspection.

R107.1.3 Information on Braced Wall Design

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
For buildings and structures utilizing braced wall design, and where required by the building official, braced wall lines shall be identified on the construction documents. Pertinent information including, but not limited to, bracing methods, location and length of braced wall panels and foundation requirements of braced wall panels at top and bottom shall be provided.

R107.1.4 Information for Construction in Flood Hazard Areas

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
For buildings and structures located in whole or in part in flood hazard areas as established by Table R301.2(1), construction documents shall include:

  1. Delineation of flood hazard areas, floodway boundaries and flood zones and the design flood elevation, as appropriate.
  2. The elevation of the proposed lowest floor, including basement; in areas of shallow flooding (AO Zones), the height of the proposed lowest floor, including basement, above the highest adjacent grade.
  3. The elevation of the bottom of the lowest horizontal structural member in coastal high hazard areas (V Zone).
  4. If design flood elevations are not included on the community’s Flood Insurance Rate Map (“FIRM”), the building official and the applicant shall obtain and reasonably utilize any design flood elevation and floodway data available from other sources.

R107.1.5 Manufactured Buildings and Modular Homes

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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 Office and 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 professional shall 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.

R107.1.6 Townhouse Buildings Greater Than 35,000 ft.3

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Such buildings require registered design professional services in accordance with 780 CMR 107.6: Construction Control.

R107.2 Site Plan or Plot Plan

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
The construction documents submitted with the application for permit shall be accompanied by a site plan showing the size and location of new construction and existing structures on the site and distances from lot lines. 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.

R107.3 Examination of Documents

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
The building official shall examine or cause to be examined construction documents for code compliance.

R107.3.1 Approval of Construction Documents

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Where the building official issues a permit, the construction documents shall be approved in writing or by a stamp that states “REVIEWED FOR CODE COMPLIANCE.” One set of construction documents so reviewed shall be retained by the building official, and one 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. If the construction documents contain fire protection and/or detection requirements one set will be required for fire department review.

R107.3.2 Previous Approvals

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R107.3.3 Phased Approval

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R107.3.4 Fire Department Review

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
For permits that include fire protection systems work construction documents shall be filed with the building official who shall cause them to be filed with the head of the local fire department for review. The fire department shall have ten working days after receiving the documents to complete its review. Upon the fire department’s written request, the building official may grant one or more extensions up to a total review period maximum of 30 days. If the fire department review is not received within the allowed time frame the building official may upon review deem the documents in compliance with 780 CMR. If the head of the local fire department believes such construction documents to be noncompliant with 780 CMR or reference standards, he or she shall notify the building official in writing citing relevant sections of noncompliance with 780 CMR or the section of the referenced standards. See M.G.L. c. 148, § 28A.

R107.4 Amended Construction Documents

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R107.5 Retention of Construction Documents

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

Section R108 Fees

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.

R108.1 Payment of Fees

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R108.2 Schedule of Permit Fees

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R108.3 Building Permit Valuations

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Building permit valuation shall include total value of the work for which a permit is being issued, such as electrical, gas, mechanical, plumbing equipment and other permanent systems, including materials and labor.

R108.4 Related Fees

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R108.5 Refunds

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
The building official is authorized to establish a refund policy.

R108.6 Work Commencing Before Permit Issuance

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Any person who commences work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the applicable governing authority that shall be in addition to the required permit fees.

Section 108 TEMPORARY STRUCTURES AND USES

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.

R108.1 General

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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. See 780 CMR 31.00.

R108.2 Conformance

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R108.3 Fire Department Review

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

R108.4 Termination of Approval

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R108.5 State of Emergency

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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 31.00.

Section R109 Inspections

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.

R109.1 Types of Inspections

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
For on-site construction, from time to time the building official, upon notification from the permit holder or his agent, shall make or cause to be made any necessary inspections and shall either approve that portion of the construction as completed or shall notify the permit holder or his or her agent wherein the same fails to comply with this code.

R109.1.1 Foundation Inspection

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Inspection of the foundation shall be made after poles or piers are set or trenches or basement areas are excavated and any required forms erected and any required reinforcing steel is in place and supported prior to the placing of concrete. The foundation inspection shall include excavations for thickened slabs intended for the support of bearing walls, partitions, structural supports, or equipment and special requirements for wood foundations.

R109.1.2 Plumbing, Mechanical, Gas and Electrical Systems Inspection

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Rough inspection of plumbing, mechanical, gas and electrical systems shall be made prior to covering or concealment, before fixtures or appliances are set or installed, and prior to framing inspection.

Exception: Backfilling of ground-source heat pump loop systems tested in accordance with Section M2105.28 prior to inspection shall be permitted.

R109.1.3 Floodplain Inspections

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
For construction in flood hazard areas as established by Table R301.2(1), upon placement of the lowest floor, including basement, and prior to further vertical construction, the building official shall require submission of documentation, prepared and sealed by a registered design professional, of the elevation of the lowest floor, including basement, required in Section R322.

R109.1.4 Frame and Masonry Inspection

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Inspection of framing and masonry construction shall be made after the roof, masonry, framing, firestopping, draftstopping and bracing are in place and after the plumbing, mechanical and electrical rough inspections are approved.

R109.1.5 Other Inspections

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
In addition to inspections in Sections R109.1.1 through R109.1.4, the building official shall have the authority to make or require any other inspections to ascertain compliance with this code and other laws enforced by the building official.

R109.1.5.1 Fire-Resistance-Rated Construction Inspection

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Where fire-resistance-rated construction is required between dwelling units or due to location on property, the building official shall require an inspection of such construction after lathing or gypsum board or gypsum panel products are in place, but before any plaster is applied, or before board or panel joints and fasteners are taped and finished.

R109.1.6 Final Inspection

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Final inspection shall be made after the permitted work is complete and prior to occupancy.

R109.1.6.1 Elevation Documentation

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
If located in a flood hazard area, the documentation of elevations required in Section R322.1.10 shall be submitted to the building official prior to the final inspection.

R109.2 Inspection Agencies

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
The building official is authorized to accept reports of approved agencies, provided such agencies satisfy the requirements as to qualifications and reliability.

R109.3 Inspection Requests

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
It shall be the duty of the permit holder or their agent to notify the building official that such work is ready for inspection. It shall be the duty of the person requesting any inspections required by this code to provide access to and means for inspection of such work.

R109.4 Approval Required

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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 shall notify the permit holder or an agent of the permit holder 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.

Section 109 FEES

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.

R109.1 Payment of Fees

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R109.2 Schedule of Permit Fees

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R109.3 Building Permit Valuations

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R109.4 Work Commencing Before Building Permit Issued

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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. See section 114.

EXCEPTION: Emergency repairs as found in section 105.2.1.

R109.5 Related Fees

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

Section R110 Certificate of Occupancy

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.

R110.1 Use and Occupancy

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid.

Exceptions:

1. Certificates of occupancy are not required for work exempt from permits under Section R105.2.

2. Accessory buildings or structures.

R110.2 Change in Use

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Changes in the character or use of an existing structure shall not be made except as specified in Sections 407 and 408 of the International Existing Building Code.

R110.3 Certificate Issued

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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 containing 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.
  6. The name of the building official.
  7. The edition of the code under which the permit was issued.
  8. If an automatic sprinkler system is provided and whether the sprinkler system is required.
  9. Any special stipulations and conditions of the building permit.

R110.4 Temporary Occupancy

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R110.5 Revocation

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
The building official shall, in writing, suspend or revoke a certificate of occupancy 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.

Section 110 INSPECTIONS

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.

R110.1 General

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R110.2 Preliminary Inspection

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R110.3 Required Inspections

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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. 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.

R110.3.1 Foundation Inspection

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Inspection of the foundation shall be made after poles or piers are set or trenches or basement areas are excavated and any required forms erected and any required reinforcing steel is in place and supported prior to the placing of concrete. The foundation inspection shall include excavations for thickened slabs intended for the support of bearing walls, partitions, structural supports, or equipment and special requirements for wood foundations.

R110.3.2 Plumbing, Mechanical, Gas and Electrical Systems Inspection

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Rough inspection of plumbing, mechanical, gas and electrical systems shall be made prior to covering or concealment, before fixtures or appliances are set or installed, and prior to framing inspection.

EXCEPTION: Backfilling of ground-source heat pump loop systems tested in accordance with section M2105.1 prior to inspection shall be permitted.

R110.3.3 Floodplain Inspections

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
For construction in flood hazard areas as established by Table R301.2(1), upon placement of the lowest floor, including basement, and prior to further vertical construction, the building official shall require submission of documentation, prepared and sealed by a registered design professional, of the elevation of the lowest floor, including basement, required in section R322.

R110.3.4 Frame and Masonry Inspection

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Inspection of framing and masonry construction shall be made after the roof, masonry, framing, firestopping, draftstopping and bracing are in place and after the plumbing, mechanical and electrical rough inspections are approved.

R110.3.5 Other Inspections

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
In addition to inspections in sections 110.3.1 through 110.3.4, the building official shall have the authority to make or require any other inspections to ascertain compliance with 780 CMR and other laws enforced by the building official.

R110.3.5.1 Fire-resistance-rated Construction Inspection

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Where fire-resistance-rated construction is required between dwelling units or due to location on property, the building official shall require an inspection of such construction after lathing or gypsum board or gypsum panel products are in place, but before any plaster is applied, or before board or panel joints and fasteners are taped and finished.

R110.3.6 Final Inspection

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Final inspection shall be made after the permitted work is complete and prior to occupancy.

R110.3.6.1 Elevation Documentation

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
If located in a flood hazard area, the documentation of elevations required in section R322.1.10 shall be submitted to the building official prior to the final inspection.

R110.4 Inspection Agencies

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability.

R110.5 Inspection Requests

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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 or the licensed construction supervisor to attend these inspections.

R110.6 Approval Required

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

Section R111 Service Utilities

AMENDMENT
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R111.1 Connection of Service Utilities

AMENDMENT
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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 approved by the building official.

R111.2 Temporary Connection

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R111.3 Authority to Disconnect Service Utilities

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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 R102.4 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 R111.1 or R111.2. The building official shall notify the serving utility and where possible the owner or the owner's authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection, the owner, the owner's authorized agent or occupant of the building, structure or service system shall be notified in writing as soon as practical thereafter.

Section 111 CERTIFICATE OF OCCUPANCY

AMENDMENT
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R111.1 Use and Occupancy

AMENDMENT
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No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the building commissioner, inspector of buildings, or when applicable, the state inspector, has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of 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 or for alterations which do not require a change to the occupancy.

R111.1.1 Buildings or Structures Hereafter Altered

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
A building or structure, in whole or in part, altered to change from one use group to another, to a different use within the same use group, the maximum live load capacity, or the occupancy load capacity shall not be occupied or used until the certificate shall have been issued certifying that the work has been completed in accordance with the provisions of the approved permits and of the applicable codes for which permit is required.

R111.1.2 Massachusetts Licensed Care Facilities

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R111.2 Certificate Issued

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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 official/inspector of buildings or state building inspector shall issue a certificate of occupancy that contains the following:

  1. The building permit number.
  2. The address of the structure.
  3. (Reserved).
  4. A description of that portion of the structure for which the certificate is issued.
  5. A statement that the described portion of the structure has been inspected for compliance with the requirements of 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. If an automatic sprinkler system is provided, whether the sprinkler system is required.
  9. Any special stipulations and conditions of the building permit.
  10. 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.

R111.3 Temporary Occupancy

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R111.4 Revocation

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

Section R112 Board of Appeals

AMENDMENT
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R112.1 General

AMENDMENT
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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 building official shall be an ex officio member of said board but shall not have a vote on any matter before the board. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business, and shall render decisions and findings in writing to the appellant with a duplicate copy to the building official.

R112.2 Limitations on Authority

AMENDMENT
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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.

R112.3 Qualifications

AMENDMENT
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The board of appeals shall consist of members who are qualified by experience and training to pass judgement on matters pertaining to building construction and are not employees of the jurisdiction.

R112.4 Administration

AMENDMENT
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The building official shall take immediate action in accordance with the decision of the board.

Section 112 SERVICE UTILITIES

AMENDMENT
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Reserved

Section R113 Violations

AMENDMENT
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R113.1 Unlawful Acts

AMENDMENT
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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.

R113.2 Notice of Violation

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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 detail statement or a plan approved thereunder, 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.

R113.3 Prosecution of Violation

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
If the notice of violation is not complied with in the time prescribed by such notice, 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.

R113.4 Violation Penalties

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

Section 113 APPEALS

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.

R113.1 General

AMENDMENT
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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/.

R113.2 Limitations on Authority

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Reserved

R113.3 Qualifications

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Reserved

R113.4 Local and Regional Boards of Appeals

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R113.4.1 Review

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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/ocaagencies/dpl-lp/opsi/.

R113.4.2 Qualifications of Local Board Members

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R113.4.3 Chairman of Local or Regional Board

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

R113.4.4 Absence of Members

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

Section R114 Stop Work Order

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.

R114.1 Notice to Owner or the Owner's Authorized Agent

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Upon notice from the building official that work on any building or structure is being executed contrary to the provisions of this code or in an unsafe and dangerous manner, such work shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's authorized agent or to the person performing the work and shall state the conditions under which work will be permitted to resume.

R114.2 Unlawful Continuance

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
Any person who shall continue any work in or about the structure 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.

Section 114 VIOLATIONS

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.

114.1 Unlawful Acts

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

114.2.1 Notice Service and Content

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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;
  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;
  3. By sending the party responsible or his or her agent authorized to accept service of process in the Commonwealth a 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.

114.3 Enforcement

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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 approved construction 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).

Section 115 STOP WORK ORDER

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.

115.1 Authority

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
The initial stop work order may be verbal, but shall be in writing within 48 hours and shall cite the time and date of the verbal order and be given to the owner of the property involved, or to the owner’s agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.

115.3 Unlawful Continuance

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.

Section 116 UNSAFE STRUCTURES AND EQUIPMENT

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.

R116.1 General

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

R116.2 Standards for Making Buildings Safe or Secure

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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;
    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 R116, 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 through 12, shall enforce section R116.2 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 reoccupancy. 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.

R116.3 Marking or Identifying Certain Buildings That Are Especially Unsafe in the Case of Fire

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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 10.00: Fire Prevention, General Provisions.

R114.1 Unlawful Acts

AMENDMENT
This section has been amended at the state or city level. Amendments are shown in green text.
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.
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