CERTAIN ADMINISTRATIVE REQUIREMENTS OF 780 CMR, 7TH EDITION 31109

1
CERTAIN ADMINISTRATIVE REQUIREMENTS OF 780
CMR, 7TH EDITION3/11/09

• An Overview of Certain 7th
• Edition 780 CMR Requirements, Including
• Permitting
• Building Permit Forms
• Requirements of CSL, HIC, Architect/Engineer,
  Home Owner, via Exemption Inspection
  Requirements

2
INTENTION OF THIS TRAINING

• Provide An Opportunity To Discuss Certain 7th
  Edition 780 CMR Administrative Requirements
• Develop a Broader Understanding of Building Code
  Requirements

3
Please note that the following Power Point
presentation is solely intended as educational
material that is general in nature.  This is not
intended to be an exhaustive review of the
Department of Public Safetys laws and
regulations and is not intended to provide legal
advice.  Materials presented in this presentation
should not be considered a substitute for actual
statutory or regulatory language.  Always refer
to the current edition of a referenced statute,
code and\or regulation for precise language. 
4
THE VALUE OF DATE TIME STAMPING

• Although the Following is Not a Substitute for
  Proper Legal Advice
• Date/Time Stamping (DTS) Validates Building Dept.
  Timely, Legal Participation.
• DTS Assures the Legal Rights of the Building
  Permit Applicant.
• It is Recommended that all Written/Typed
  Official Correspondence Received be DTS.
• DISCUSSION?

5
PRE SIGN-OFF TIMELY / APPROPRIATE BUILDING
PERMIT ISSUANCE

• Although the Following is Not a Substitute for
  Proper Legal Advice
• Pre Signoff, Requiring the Building Permit
  Applicant to Obtain Other Municipal Departments
  to Sign-Off Before the Permit Applicant can
  even Apply for a Building Permit is probably not
  Uncommon.
• -continued -

6
PRE SIGN-OFF TIMELY / APPROPRIATE BUILDING
PERMIT ISSUANCE-continued

• Legal Conditioning of the Issuance of a
  Building Permit - i.e., no permit shall
  issue
• Known Violations of Zoning (MGL c.40A 7).
• Railroad Right-of-Way (MGL c.40 54A).
• Water Supply (MGL c.40 54 DEP Regulations 310
  CMR 22 and /or 36 etc.? when applicable).

7
PRE SIGN-OFF TIMELY / APPROPRIATE BUILDING
PERMIT ISSUANCE-continued

• Debris (MGL c.40 54 MGL c.111 150A DEP
  Regulations 310 CMR 7.09(2) and 7.15 when
  applicable).
• Workers Compensation (MGL c. 152 25C(6)).
• Hazards to Air Navigation (MGL c.90 35B
  Notice of Proposed Construction or Alteration,
  FAA Form 7460-1).

8
PRE SIGN-OFF TIMELY / APPROPRIATE BUILDING
PERMIT ISSUANCE-continued

• Failure to Pay Taxes (MGL c.40 57).
• EXCERPT ONLY - Section 57. Any city or town
  which accepts the provisions of this section, may
  by by-law or ordinance deny any application for,
  or revoke or suspend a building permit, or any
  local license or permit including renewals and
  transfers issued by any board, officer,
  department for any person, corporation or
  business enterprise, who has neglected or refused
  to pay any local taxes, fees, assessments,
  betterments or any other municipal charges,
  including amounts assessed under the provisions
  of section twenty-one D

9
PRE SIGN-OFF TIMELY / APPROPRIATE BUILDING
PERMIT ISSUANCE-continued

• Report to Assessors (MGL c.143
• 61).
• Chapter 143 Section 61. The local inspector in
  every city and town shall give to the assessors
  thereof written notice of the granting by him of
  permits for the construction of any building in
  such city or town or for any substantial
  alteration or addition thereto. Such notice shall
  be given within seven days after the granting of
  each permit, and shall state the name of the
  person to whom the permit was granted and the
  location of the building to be constructed or
  altered or to which an addition is to be made.

10
PRE SIGN-OFF TIMELY / APPROPRIATE BUILDING
PERMIT ISSUANCE-continued

• Report to Local United States Postmaster (MGL
  c.143 3X).
• Chapter 143 Section 3X. The inspector of
  buildings in cities and towns shall notify the
  local United States postmaster upon the issuance
  of any building permit containing ten or more
  residential units.
• Bylaws and Ordinances Having Legal Standing.

11
PRE SIGN-OFF TIMELY / APPROPRIATE BUILDING
PERMIT ISSUANCE-continued

• Conservation Commission per 780 CMR, Appendix
  120.G701 COASTAL DUNES.
• EXCERPT ONLY - 120.G701.1.1 No building permit
  shall issue unless and until a construction
  document that conforms to the requirements of 780
  CMR 120.G701.1, including 120.G701.1(a) through
  (d) below is
• submitted
• Other?
• Discussion

12
ACCEPTABLE BUILDING PERMIT FORMS

• BBRS/Municipality DRAFT Building Permit Form for
  Other than 1 2 Family Homes (see following 5
  slides - also, pick up I-4 USE Category in
  DRAFT Permit Form).
• For Sample 1 2 Family Building Permit, see
  Appendix 780 CMR 120.P (on upcoming slides).

13
(No Transcript)
14
(No Transcript)
15
(No Transcript)
16
(No Transcript)
17
(No Transcript)
18
PRESENT 1 2 FAMILY BUILDING PERMIT FORM

• From Appendix 780 CMR 120.P
• State Building Code Appeals Board Application
  Form
• State Building Code - Code Amendment Proposal
  Form
• Construction Materials Safety Board Application
  for Approval
• State Building Code Sample Building Permit Form
  for One- and Two-family Dwellings
• Standard Checklist for Single- and Two-family
  Dwellings
• -continued-

19
PRESENT 1 2 FAMILY BUILDING PERMIT
FORM-continued

• From Appendix 780 CMR 120.P
• State Building Code Sample Building Permit Form
  for Other than One- and Two-family Dwellings
• Consumer Information Form
• Energy Conservation Mandatory Checklist for New
  Construction (Other than Low-rise Residential)

20
PRESENT 1 2 FAMILY BUILDING PERMIT
FORM-continued

• From Appendix 780 CMR 120.P
• State Building Code Sample Building Permit Form
  for Other than One- and Two-family Dwellings -
  Note that this Form is missing the 2cd Page.
• Consumer Information Form.
• Energy Conservation Mandatory Checklist for New
  Construction (Other than Low-rise Residential) -
  Needs Development work.

21
(No Transcript)
22
(No Transcript)
23
A BUILDING PERMIT BY ANY OTHER NAME?

• Comprehensive Building Permit
• Foundation-Only
• Approval for Partial Permitting
• 111.13 Approval in Part. The building official
  may 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 all of the pertinent requirements of 780
  CMR. Work shall be limited to that work approved
  by the partial approval and further work shall
  proceed only when the building permit is amended
  in accordance with 780 CMR 110.13.
• -continued-

24
A BUILDING PERMIT BY ANY OTHER NAME?

• Re-roofing-Only
• Windows and Siding-Only
• Demolition-Only
• Masonry-Only
• Mechanical Permit
• Installation of Solid Fuel-Burning Appliances
• Other Building Permit Types?
• What is 780 CMR 120.J saying?
• -continued-

25
A BUILDING PERMIT BY ANY OTHER NAME? -continued

• What is 780 CMR 120.J saying?
• 120.J103.1 Permits (a form of a Building Permit)
  Required. Except as exempted in 780 CMR
  120.J103.2, no grading directly associated with
  building / structure construction /
  reconstruction/repair/demolition shall be
  performed without first having obtained a permit
  therefore from the building official.
• Numerous Exemptions are Also Associated with 780
  CMR 120.J.

26
(No Transcript)
27
HIC OR NOT?

• Excerpt from 780 CMR 5110.5
• Note It shall be the responsibility of the
  registered contractor to obtain all permits
  necessary for work covered by M.G.L. c. 142A,
  Regulation of Home Improvement Contractors. An
  owner who secures his or her own permits for such
  shall be excluded from the guaranty fund
  provisions as defined in M.G.L. c. 142A.

28
HIC OR NOT?-continued-

• Excerpt from 780 CMR 110.5
• Note An owner who secures his or her own
  permits for such shall be excluded from the
  guaranty fund provisions as set forth in M.G.L.
  c. 142A.

29
CONSTRUCTION SUPERVISOR LICENSE TYPES as of
3/11/09

• Unrestricted
• Restricted One and Two
• Masonry-Only
• Roofing
• Windows and Siding
• Demolition-Only
• Solid Fuel Burning Appliance Installation
• Forthcoming on 6/15/09 Insulation CSL
• DISCUSSION?

30
CODE AMENDMENTS and OTHER INFORMATION THE DPS
WEB SITEwww.mass.gov/dps

• IF TIME
• Discussion
• and
• DEMONSTRATION

31
STATE HOUSE BOOKSTORE PHONE FOR PURCHASE OF THE
MASSACHUSETTS BUILDING CODE617-727-2834Depart
ment of Public Safety Web Pagewww.mass.gov/dps