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Code Considerations

The following,  from the State Building Code describes what type of construction requires a permit, what construction documents are required ,what insurance is required and what the responsibilities are of  an owners agent pulling a permit.

If we are hired as your agent we guarantee all requirements of the State Building Code will be met. This includes permits, plans, documentation, insurance and inspections.

Call 508-737-7609 for a free consultation and quote. 

780 CMR 5110 APPLICATION FOR PERMIT

5110.1 Permit Application. It shall be unlawful to

construct, reconstruct, alter, repair, remove or

demolish a detached one-and two-family dwelling;

or to install or alter any equipment for which a

provision is made or the installation of which is

regulated by 780 CMR 51.00 through 99.00 without

first filing a written application with the building

official and obtaining the required building permit

and all other required permits therefore.

5110.2 Temporary Structures and Uses.

5110.2.1 General. 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.

5110.2.2 Conformance. Temporary structures

and uses shall conform to the structural strength,

fire safety, means of egress, light, ventilation and

sanitary requirements of 780 CMR 51.00 through

99.00 as necessary to ensure the public health,

safety and general welfare.

5110.2.3 Termination of Approval. 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.

5110.3 Exemptions. A building permit is not

required for the following activities. Such

exemption, however, shall not exempt the activity

from any review or permit that may be required

pursuant to other laws, bylaws, rules and regulations

of other jurisdictions (e.g., zoning, conservation,

etc.).

1. One-story detached accessory buildings used

as tool or storage sheds, playhouses and similar

uses, provided the floor area does not exceed 120

square feet (12 m2).

2. Fences six feet (1829 mm) in height or less.

3. Retaining walls that, in the opinion of the

building official, are not a threat to the public

safety, health or welfare and which retain less than

four feet (1220 mm) of unbalanced fill.

4. Ordinary repairs as defined in 780 CMR

52.00: Repairs, ordinary shall not include the

cutting away of any wall, partition or portion

thereof, the removal or cutting of any structural

beam, column or other load-bearing support, or

the removal or change of any required means of

egress, or rearrangement of parts of a structure

affecting the egress requirements; nor shall

ordinary repairs include addition to, alteration of,

replacement or relocation of any standpipe, water

supply, mechanical system, fire protection system,

energy conservation system or other work

affecting public health or general safety.

5. Greenhouses: A building permit or notice to

the building official is not required for the

construction of greenhouses covered exclusively

with plastic film (in accordance with St. 1983,

c. 671. 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).

6. Painting, papering, tiling, carpeting,

countertops and similar finish work.

7. Swings and other playground equipment

accessory to a one- or two-family dwelling.

8. Window awnings nine square feet (0.8361 m2)

or less in area supported by an exterior wall.

5110.4 Form of Application. Applicants shall

submit requests for building permits only on the

uniform building permit application form contained

in Appendix B or on a form that has been approved

by the BBRS for such purpose. The application for

a permit shall be accompanied by the required fee as

prescribed in 780 CMR 5114.

5110.5 By Whom Application is Made.

Application for a permit shall be made by the owner

or lessee of the detached one- or two-family

dwelling or agent of either. If application is made

other than by the owner, the written authorization of

the owner shall accompany the application. Such

written authorization shall be signed by the owner

and shall include a statement of ownership and shall

identify the owner’s authorized agent, or shall grant

permission to the lessee to apply for the permit. The

full names and addresses of the owner, lessee,

applicant and the responsible officers, if the owner

or lessee is a corporate body, shall be stated in the

application.

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. Refer to Special Regulation

780CMR 110.R6 and M.G.L. c. 142A for additional

information regarding the Home Improvement

Contractor Registration Program.

5110.6 Recognition of Laws, Rules and

Regulations. The securing of a building permit by

the owner, or the owner’s authorized agent, to

construct, reconstruct, alter, repair, demolish,

remove, install equipment or change the use or

occupancy of a detached one- or two-family

dwelling shall not be construed to relieve or

otherwise limit the duties and responsibilities of the

licensed, registered or certified individual or firm

under the rules and regulations governing the

issuance of such license registration or certification.

5110.7 Construction Documents. The application

for a permit shall be accompanied by not less than

three sets of construction documents. The building

official is permitted to waive or modify the

requirements for filing construction documents when

the building official determines that the scope of the

work is of a minor nature. When the quality of the

materials is essential for conformity to 780 CMR

51.00 through 99.00, specific information shall be

given to establish such quality, and 780 CMR 51.00

through 99.00 shall not be cited, or the term “legal”

or its equivalent used as a substitute for specific

information.

When such application for permit includes fire

protection systems or portions thereof, the building

official shall cause one set of construction

documents filed pursuant to 780 CMR 5110.7 to be

transmitted simultaneously to the head of the local

fire department for his file, review and approval of

the fire protection system items specified in

780 CMR 5313 and/or 780 CMR 93.00 as

applicable. The head of the local fire department

shall within ten working days from the date of

receipt by him, approve or disapprove such

construction documents. If the head of the local fire

department disapproves such construction

documents, he or she shall notify the building

official (refer to M.G.L. c. 148, 28A) in writing

citing the relevant sections of noncompliance with

780 CMR or the sections of the referenced standards

of Appendix A. Upon the request of the head of the

local fire department, the building official may grant

one or more extensions of time for such review

provided, however, that the total review by said head

of the local fire department shall not exceed 30

calendar days (the same concurrent 30-day period

afforded building department review). If such

approval, disapproval or request for extension of

time is not received by the building official within

said ten working days, the building official may

deem the fire protection construction documents

implicitly approved by the head of the local fire

department.

Construction documents shall be drawn upon

suitable material. Electronic media documents are

permitted to be submitted when approved by the

building official. Construction documents shall be

of sufficient clarity to indicate the location, nature

and extent of the work proposed and show in detail

that the work will conform to the provisions of

780 CMR 51.00 through 99.00 and relevant laws,

ordinances, rules and regulations, as determined by

the building official.

At a minimum, construction documents shall

include the following:

1. Site plan;

2. Foundation plan and details (as necessary);

3. Floor plans (including basement and attic

levels, if applicable); floor plans shall include

location of all required fire protection systems and

heating systems storage areas.

4. Exterior building elevations;

5. Framing plans and/or building section(s)

adequately depicting structural systems;

6. Schedules, legends and/or details adequately

depicting doors, windows and related material

installations; and

7. Energy conservation information.

Failure to comply with 780 CMR 5110.7 Items

through .7 shall result in denial of the building

permit.

5110.7.1 Preparation of Construction

Documents. In accordance with M.G.L. c. 112,

60L and M.G.L. c. 112, 81D through 81T, the

design of any structural member, building system

or parts thereof not prescriptively provided for in

780 CMR 51.00 through 99.00 may require the

services of a registered design professional. A

building official may require plans, specifications,

calculations and/or details of sufficient clarity to

ensure compliance with the relevant requirements

of 780 CMR 51.00 through 99.00 and\or relevant

laws, ordinances, rules and regulations.

5110.7.2 Information for Construction in Areas

Prone to Flooding. Construction documents for

detached one- and two-family dwellings to be

constructed in flood hazard areas are required to

be prepared by a registered architect or registered

professional engineer (collectively referred to

herein as registered design professionals) and

shall include:

1. Delineation of flood hazard areas, floodway

boundaries, and flood zones, and the design

flood elevation, as appropriate; and

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.

5110.7.3 Design. Plans, computations and

specifications involving new construction,

alterations, repairs, expansions or additions or

change in use or occupancy of any detached oneor

two-family dwelling which are required by the

building official under 780 CMR 5110 to be

prepared by or under the supervision of a

Massachusetts-registered architect or

Massachusetts-registered professional engineer, as

applicable, shall bear his or her original signature

and seal. Said signature and seal shall signify that

the plans, computations and specifications meet

the applicable provisions of 780 CMR 51.00

through 99.00 and all accepted engineering

practices. A legally recognized professional

performing work as defined by M.G.L. c. 112,

81R may be exempted from 780 CMR 5110.

5110.7.4 Site Plan. 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.

5110.8 Amendments to Application. Subject to the

limitations of 780 CMR 5110.9, amendments to a

plan, application or other records accompanying the

same shall be filed prior to the commencement of

the work for which the amendment to the permit is

sought or issued. Such amendments shall be deemed

part of the original application and shall be

submitted in accordance with 780 CMR 5110.1.

5110.9 Time Limitation of Application. An

application for a permit for any proposed work shall

be deemed to have been abandoned six months after

the date of filing, unless such application has been

diligently prosecuted or a permit shall have been issued;

except that the building official shall grant one

or more extensions of time for additional periods not

exceeding 90 days each if there is reasonable cause

and upon written request by the owner.

780 CMR 5111 PERMITS

5111.1 Action on Application. The building

official shall examine or cause to be examined all

applications for permits and amendments thereto

within 30 days after filing thereof. If the application

or the construction documents do not conform to the

requirements of 780 CMR 51.00 through 99.00 and

all pertinent laws under the building official’s

jurisdiction, the building official shall reject such

application in writing, stating the reasons therefore.

If the building official is satisfied that the proposed

work conforms to the requirements of 780 CMR

51.00 through 99.00 and all laws and ordinances

applicable thereto, the building official shall issue a

permit therefore.

5111.2 Zoning. In accordance with the provisions

of M.G.L. c. 40A or St. 1956, c. 665 as amended, no

permit for the construction, alteration, change of use

or moving of any detached one-or two-family

dwelling shall be issued if such detached one- or

two-family dwelling or use would be in violation of

any zoning ordinance or bylaw.

5111.3 Railroad Right-of-way. No permit to build

a structure of any kind on land formerly used as a

railroad right-of-way or any property appurtenant

thereto formerly used by any railroad company in the

state shall be issued without first obtaining, after

public hearing, the consent in writing to the issuance

of such permit from the Secretary of the Executive

Office of Transportation and Construction, all in

accordance with M.G.L. c. 40, 54A.

5111.4 Water Supply. No permit shall be issued

for the construction of a detached one- or two-family

dwelling which would necessitate the use of water

therein, unless a supply of water is available

therefore, either from a water system operated by a

city, town or district, or from a well located on the

land where the detached one- or two-family dwelling

is to be constructed, or from a water corporation or

company, as required by M.G.L. c. 40, 54.

5111.5 Debris. As a condition of issuing a permit

for the demolition, renovation, rehabilitation or other

alteration of a detached one- or two-family dwelling,

M.G.L. c. 40, 54 requires that the debris resulting

there from shall be disposed of in a properly licensed

solid waste disposal facility as defined by M.G.L.

c. 111, 150A. Signature of the permit applicant,

date and number of the building permit to be issued

shall be indicated on a form provided by the building

department, and attached to the office copy of the

building permit retained by the building department.

If the debris will not be disposed of as indicated, the

holder of the permit shall notify the building official,

in writing, as to the location where the debris will be

disposed.

5111.6 Workers’ Compensation. No permit shall

be issued to construct, reconstruct, alter or demolish

a detached one- or two-family dwelling until

acceptable proof of insurance pursuant to M.G.L.

c. 152, 25C(6) has been provided to the building

official.

5111.7 Hazards to Air Navigation. Application for

building new structures or adding to existing

structures within airport approaches as defined in

M.G.L. c. 90, 35B and any amendments thereto or

language substituted therefore, must include a

certification by the applicant that:

1. Either a permit from the Massachusetts

Aeronautics Commission is not required because

the structure is, or will be:

(a) In an area subject to airport approach

regulations adopted pursuant to M.G.L. c. 90,

40A through 40I; or

(b) in an approach to Logan International

Airport; or

(c) less than 30 feet (9144 mm) above ground

level; or

2. A permit from the Massachusetts Aeronautics

Commission is required pursuant to M.G.L. c. 90,

35B and a copy of said permit is enclosed with

the application.

Applications for permits to build a new structure

or add to an existing structure requiring the filing of

a Notice of Proposed Construction or Alteration

(FAA Form 7460-1) with the Federal Aviation

Administration shall mail a copy of the completed

FAA Form 7460-1 to the Massachusetts Aeronautic

Commission within three business days after

submitting said form to the FAA.

5111.8 Expiration of Permit. Any permit issued

shall be deemed abandoned and invalid unless the

work authorized by it shall have been commenced

within six months after its issuance; however, for

cause, and upon written request of the owner, one or

more extensions of time, for periods not exceeding

six months each, may be granted in writing by the

building commissioner or inspector of buildings.

Work under such a permit in the opinion of the

building commissioner or inspector of buildings

must proceed in good faith continuously to

completion so far as is reasonably practicable under

the circumstances. It is the sole responsibility of the

owner to inform, in writing, the building

commissioner or inspector of buildings of any facts

which support an extension of time. The building

commissioner or inspector of buildings has no

obligation under 780 CMR 5111.8 to seek out

information which may support an extension of time.

The owner may not satisfy this requirement by

informing any other municipal and/or state official

or department.

For purposes of 780 CMR 5111.8 any permit

issued shall not be considered invalid if such

abandonment or suspension of work is due to a court

order prohibiting such work as authorized by such

permit; provided, however, in the opinion of the

building commissioner or inspector of buildings, the

person so prohibited by such court order, adequately

defends such action before the court. Although said

permit shall remain valid pending final disposition

by the court, no work shall be performed in violation

of a valid court order.

5111.9 Previous Approvals. 780 CMR 51.00

through 99.00 shall not require changes in the

construction documents, construction or designated

use group of a building for which a lawful permit

has been heretofore issued or otherwise lawfully

authorized, and the construction of which has been

actively prosecuted within 180 days after the

effective date of 780 CMR 51.00 through 99.00 and

is completed with dispatch.

5111.10 Signature to Permit. The building

official’s signature shall be attached to every permit;

or the building official shall authorize a subordinate

to affix such signature thereto.

5111.11 Approved Construction Documents.

When the building official has determined that the

proposed construction conforms to the provisions of

780 CMR 51.00 through 99.00 and other applicable

laws, bylaws, rules and regulations under his or her

jurisdiction, the building official shall stamp or

endorse in writing the three sets of construction

documents “Approved.” One set of the approved

construction documents shall be retained by the

building official, one set shall be forwarded to the

head of the local fire department (when

applicable/see 780 CMR 5110.7 and 780 CMR

5111.8) for purposes of notification and the other set

shall be kept at the construction site, open to

inspection of the building official or an authorized

representative at all reasonable times.

5111.12 Revocation of Permits. The building

official shall revoke a permit or approval issued

under the provisions of 780 CMR 51.00 through

99.00 in case of any false statement or

misrepresentation of fact in the application or on the

plans on which the permit or approval was based

5111.13 Approval in Part. The building official

may issue a permit for the construction of

foundations or any other part of a detached one- or

two-family dwelling before the construction

documents for the whole detached one- or

two-family dwelling have been submitted, provided

that adequate information and detailed statements

have been filed complying with all of the pertinent

requirements of 780 CMR 51.00 through 99.00.

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 5110.8. The holder of such permit

for the foundation or other parts of a detached oneor

two-family dwelling shall proceed at the holder’s

own risk with the building operation and without

assurance that a permit for the entire detached oneor

two-family dwelling will be granted.

5111.14 Posting of Permit. A true copy of the

building permit shall be kept on the site of

operations, open to public inspection during the

entire time of prosecution of the work and until the

completion of the same.

5111.15 Notice of Start. At least 24-hour notice of

start of work under a building permit shall be given

to the building official.

780 CMR 5112 DEMOLITION OR

REMOVAL OF STRUCTURES

5112.1 Service Connections. Before a detached

one- or two-family dwelling is demolished or

removed, the owner or agent shall notify all utilities

having service connections within the structure such

as water, electric, gas, sewer and other connections.

A permit to demolish or remove a detached one- or

two-family dwelling shall not be issued until a

release is obtained from the utilities, stating that

their respective service connections and appurtenant

equipment, such as meters and regulators, have been

removed or sealed and plugged in a safe manner.

All debris shall be disposed of in accordance with

780 CMR 5111.5.

5112.2 Notice to Adjoining Owners. Only when

written notice has been given by the applicant to the

owners of adjoining lots and to the owners of wired

or other facilities, of which the temporary removal is

necessitated by the proposed work, shall a permit be

granted for the removal of a detached one- or

two-family dwelling.

5112.3 Lot Regulation. Whenever a detached oneor

two-family dwelling is demolished or removed,

the premises shall be maintained free from all unsafe

or hazardous conditions by the proper regulation of

the lot, restoration of established grades and the

erection of the necessary retaining walls and fences

in accordance with the provisions of 780 CMR 51.00

through 99.00.

780 CMR 5113 CONDITIONS OF PERMIT

5113.1 Payment of Fees. A permit shall not be

issued until the fees prescribed in 780 CMR 5114.0

have been paid.

5113.2 Compliance with Code. The permit shall be

a license to proceed with the work and shall not be

construed as authority to violate, cancel or set aside

any of the provisions of 780 CMR 51.00 through

99.00 or any other law or regulation, except as

specifically stipulated by modification or legally

granted variation as described in the application.

Permits presuming to give authority to violate or

cancel the provisions of 780 CMR 51.00 through

99.00 or other ordinances of the jurisdiction shall not

be valid. The issuance of a permit based on

construction documents and other data shall not

prevent the building official from requiring the

correction of errors in the construction documents

and other data. The building official is also

authorized to prevent occupancy or use of a structure

where in violation of 780 CMR 51.00 through 99.00

or of any other ordinances of this jurisdiction.

5113.3 Compliance with Permit. All work shall

conform to the approved application and the

approved construction documents for which the

permit has been issued and to any approved

amendments to the approved application or the

approved construction documents.

5113.4 Compliance with Site Plan. All new work

shall be located strictly in accordance with the

approved site plan.

780 CMR 5116 LICENSED CONSTRUCTION

780 CMR 5116 LICENSED CONSTRUCTION

SUPERVISOR SERVICES DURING

CONSTRUCTION

5116.1 General. In accordance with 780 CMR

5108.3.5 and Special Regulation 780 CMR 110.R5,

the construction, reconstruction, alteration, repair,

removal or demolition of all detached one- and

two-family dwellings or the field erection of any

manufactured building shall be under the control of

a licensed construction supervisor. Except for work

under the control of a licensed tradesperson subject

to other codes and/or regulations, the licensed

construction supervisor shall be responsible for

ensuring that all construction-related activities are

performed in compliance with 780 CMR 51.00

through 99.00 and the approved construction

documen t s, and al l manuf act u rer s ’

recommendations, as applicable.

At a minimum, the license holder, or responsible

registered design professional if so employed to

perform construction services, as identified on the

building permit application or his or her licensed

designee, shall be present on the building site to

approve construction, reconstruction, alterations,

removal or demolition involving the following work:

1. Foundation:

(a) Location of and excavation of foundation;

(b) Preparation of bearing material;

(c) Placement of forms and reinforcing

materials (if applicable);

(d) Incorporation of vapor retarders (energy

conservation)

(e) Placing of concrete (or setting of other

foundation materials);

(f) Setting weather protection methods (if

required);

(g) Installation of waterproofing and/or damp

proofing materials; and

(h) Placement of backfill.

Note: If encountered in excavating for

foundation placement, the licensed

construction supervisor (or registered design

professional) shall report the presence of

groundwater to the building official and shall

submit a report detailing methods of

remediation.

2. Structural frame:

(a) Installation of joists, trusses and other

structural members and sheathing materials to

verify size, species and grade, spacing and

attachment/fastening methods (the licensed

construction supervisor shall ensure that any

cutting or notching of structural members is

performed in accordance with requirements of

780 CMR 51.00 through 99.00);

(b) Setting of masonry or other structural

systems (if used).

3. Energy conservation: Installation of

insulation materials, vapor and air infiltration

barriers.

4. Fire protection: Installation of smoke and heat

detectors and/or systems.

5. Special construction (including, but not

limited to):

(a) Chimneys;

(b) Retaining walls over four feet (1219 mm)

in height above grade.

The building official may require the license

holder or his or her licensed designee (or registered

design professional) to be present on the building

site at other points during the construction,

reconstruction, alterations, removal or demolition

work as he or she deems appropriate.

Exception: Any homeowner performing work for

which a building permit is required shall be

exempt from the licensing provisions of 780 CMR

5108.3.5, provided that if a homeowner engages

a person(s) for hire to do such work, that such

homeowner shall act as supervisor and shall be

subject to all applicable provisions of 780 CMR

5116. This exception shall not apply to the field

erection of manufactured buildings constructed

pursuant to 780 CMR 51.00 through 99.00 and

Special Regulation 780 CMR 110.R3 (see

definition of “Homeowner” in 780 CMR

5108.3.5.1).

Note: Registered design professionals whosecure building permits for and/or perform

construction services for detached one- and

two-family dwellings are not required to be

licensed pursuant to 780 CMR 5108.3.5,

provided that said registered design

professional secures such permit and performs

such services under the responsibilities of his

or her professional registration.

When required by the building official, at the

completion of the work, prior to the issuance of a

certificate of occupancy, the licensed construction

supervisor, registered professional or homeowner, as

applicable, shall submit a copy of the completed

checklist contained in Appendix 780 CMR 120.P to

the building official in verification that, to the best of

his or her knowledge, the work has been executed in

accordance with the provisions of 780 CMR 51.00

through 99.00.

780 CMR 5117 WORKMANSHIP

5117.1 General. All work shall be conducted,

installed and completed in a workmanlike andacceptable manner, and in accordance with

manufacturer recommendations, so as to secure the

results intended by 780 CMR 51.00 through 99.00.

780 CMR 5118 VIOLATIONS

5118.1 Unlawful Acts. It shall be unlawful for any

person, firm or corporation to use, occupy or change

the use or occupancy of any detached one- and

two-family dwelling or to erect, construct, alter,

extend, repair, remove or demolish any detached

one- and two-family dwelling or any equipment

regulated by 780 CMR 51.00 through 99.00, or

cause same to be done, in conflict with or in

violation of any of the provisions of 780 CMR 51.00

through 99.00.

5118.2 Notice of Violation. The building official

shall serve a notice of violation or order on the

person responsible for the erection, construction,

alteration, extension, repair, removal, demolition or

occupancy of a detached one- and two-family

dwelling in violation of the provisions of 780 CMR

51.00 through 99.00, or in violation of a detail

statement or a plan approved there under, or in

violation of a permit or certificate issued under the

provisions of 780 CMR 51.00 through 99.00. Such

order shall be in writing and shall direct the

discontinuance of the illegal action or condition and

the abatement of the violation.

5118.3 Prosecution of Violation. If the notice of

violation is not complied with in the time period

specified in said notice of violation, the building

official may institute the appropriate proceedings 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 detached one- and

two-family dwelling in violation of the provisions of

detached one- and two-family dwellings or of the

order or direction made pursuant thereto.

5118.4 Violation Penalties. Whoever violates any

provision of 780 CMR 51.00 through 99.00, except

any specialized code referenced herein, shall be

punishable by a fine of not more than $1,000 or by

imprisonment for not more than one year, or both,

for each such violation. Each day during which a

violation exists shall constitute a separate offense.

The building official shall not begin criminal

prosecution for such violations until the lapse of 30

days after the issuance of the written notice of

violation.

5118.5 Abatement of Violation. The imposition of

the penalties herein prescribed shall not preclude the

legal officer of the jurisdiction from instituting

appropriate action to prevent unlawful construction

or to restrain, correct or abate a violation, or to

prevent illegal occupancy of a detached one- and

two-family dwelling or to stop an illegal act,

conduct, business or occupancy of a detached oneand

two-family dwelling on or about any premises.

5118.6 Notice or Orders, Service and Content.

Every notice or order authorized by 780 CMR 51.00

through 99.00 shall be in writing and shall be served

on the person responsible:

1. Personally, by any person authorized by the

building official; or

2. By any person authorized to serve civil

process by leaving a copy of the order or notice

at the responsible party’s last and usual place

of abode; or

3. By sending the party responsible 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 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 orpremises affected is situated.

780 CMR 5119 STOP WORK ORDER

5119.1 Notice to Owner. Upon notice from the

building official that work on any detached one- and

two-family dwelling is being prosecuted contrary to

the provisions of 780 CMR 51.00 through 99.00, in

an unsafe and dangerous manner or contrary to the

approved construction documents submitted in

support of the building permit application, 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

agent, or to the person doing the work, and shall

state the conditions under which work will be

permitted to resume.

5119.2 Unlawful Continuance. Any person who

shall continue any work in or about the detached

one- and two-family dwelling 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 liable to a fine

of not more than $1,000 or by imprisonment for not

more than one year, or both, for each such violation.

Each day during which a violation exists shall

constitute a separate offense.

780 CMR 5120 CERTIFICATE OF

OCCUPANCY

5120.1 General. New buildings and structures. A

detached one- and two-family dwelling hereafter

shall not be used or occupied in whole or in part

until the certificate of use and occupancy shall have

been issued by the building commissioner or

inspector of buildings or, when applicable, the state

inspector. The certificate shall not be issued until all

the work has been completed in accordance with the

provisions of the approved permits and of the

applicable codes for which a permit is required,

except as provided in 780 CMR 5120.3.

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