Massachusetts Demolition Licensing Law

Massachusetts Code · 6 sections

The following is the full text of Massachusetts’s demolition licensing law statutes as published in the Massachusetts Code. For the official version, see the Massachusetts Legislature.

M.G.L. ch. 143, s. 1

Section 1. In this chapter the following terms, unless a contrary meaning is required by the context or is specifically prescribed, shall have the following meanings: ''Alteration'', change in or addition to a building which reduces the means of exit or fire resistance or changes its structural support, use or occupancy. ''Board'', the state board of building regulations and standards established by section ninety-three. ''Building'', a combination of any materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals or property. For the purpose of this definition ''roof'' shall include an awning or any similar covering, whether or not permanent in nature. The word ''building'' shall be construed where the context requires as though followed by the words ''or part or parts thereof''. ''Commissioner'', the commissioner of the division of occupational licensure. ''Division'', the division of occupational licensure. ''Inspector'', an inspector in the office of public safety and inspections of the division of occupational licensure, except when qualified by the word ''local'', whereupon it shall mean the inspector of buildings, building commissioner or local inspector of a city, town or district, unless otherwise provided in this chapter. ''Repair'', the reconstruction or renewal of a building or structure or part thereof damaged by fire or other cause. ''Specialized code'', all building codes, rules or regulations pertaining to building construction, reconstruction, alteration, repair or demolition promulgated by and under the authority of the various boards which have been authorized from time to time by the general court. ''State building code'', the state building code and amendments and rules and regulations thereto as promulgated by the state board of building regulations and standards under the provisions of section ninety-three, ninety-four and ninety-five. ''Structure'', a combination of materials assembled at a fixed location to give support or shelter, such as a building, framework, retaining wall, tent, reviewing stand, platform, bin, fence, sign, flagpole, recreational tramway, mast for radio antenna or the like. The word ''structure'' shall be construed, where the context allows, as though followed by the words ''or part or parts thereof''. ''Theatre'', a building or part thereof in which it is intended to make a business of the presentation of performances for the entertainment of spectators, which has a seating capacity of more than four hundred, with a stage which can be used for scenery and other appliances.

M.G.L. ch. 143, s. 3Z

Section 3Z. Notwithstanding the provisions of any general or special law to the contrary, in any city, town or district which accepts the provisions of this section, any part time inspector of buildings, building commissioner, local inspector or alternate inspector may practice for hire or engage in the business for which he is certified, licensed or registered under the building code, while serving as such inspector; provided, however, that within the area over which he has jurisdiction as inspector or alternate inspector, he shall not exercise any of his powers and duties as such inspector, including those of enforcement officer of the state building code for the construction, reconstruction, alteration, repair, demolition or removal work done by himself, his employer, employee or one employed with him. The inspection of such work shall be performed by the inspector of buildings or building commissioner of another city, town or district or by a special assistant inspector of buildings or assistant building commissioner who is appointed solely for the purpose of performing such inspections by the mayor of a city, the board of selectmen of a town or the governing board of a district. This section shall take effect in a city, town or district upon its acceptance in a city, by the vote of the city council, subject to the provisions of the charter of such city; in a town, by a vote of town meeting; in a municipality having a town council form of government, by a vote of the town council, subject to the provisions of the charter of such municipality; and in a district, by the vote of the cities and towns of the district.

M.G.L. ch. 143, s. 9

Section 9. If such report declares such structure to be dangerous or to be unused, uninhabited or abandoned, and open to the weather, and if the owner, lessee or mortgagee in possession continues such refusal or neglect, the local inspector shall cause it to be made safe or taken down or to be made secure, and, if the public safety so requires, said local inspector may at once enter the structure, the land on which it stands or the abutting land or buildings, with such assistance as he may require, and secure or remove the same, and may remove and evict, under the pertinent provisions of chapter two hundred thirty-nine or otherwise, any tenant or occupant thereof, and may erect such protection for the public by proper fence or otherwise as may be necessary, and for this purpose may close a public highway. In the case of such demolition, the local inspector shall cause such lot to be levelled to uniform grade by a proper sanitary fill. The costs and charges incurred shall constitute a debt due the city or town upon completion of the work and the rendering of an account therefor to the owner of such structure, and shall be enforced in an action of contract, and such owner, lessee or mortgagee in possession shall, for every day's continuance of such refusal or neglect after being so notified, be punished by a fine of not less than one hundred dollars. The provisions of the second paragraph of section three A of chapter one hundred and thirty-nine, relative to liens for such debt and the collection of claims for such debt, shall apply to any debt referred to in this section, except that the local inspector shall act hereunder in place of the mayor or board of selectmen. During the time such order is in effect it shall be unlawful to use or occupy such structure or any portion thereof for any purpose.

M.G.L. ch. 143, s. 94

Section 94. The board shall have the following powers and duties: (a) To formulate, propose, adopt and amend rules and regulations relating to (i) the construction, reconstruction, alteration, repair, demolition, removal, inspection, issuance and revocation of permits or licenses, installation of equipment, classification and definition of any building or structure and use or occupancy of all buildings and structures and parts thereof or classes of buildings and structures and parts thereof, except bridges and appurtenant supporting structures which have been or are to be constructed by or are under the custody and control of the department of highways, the Massachusetts Department of Transportation, the Massachusetts Bay Transportation Authority, the metropolitan district commission or the Massachusetts Port Authority or for which said agencies have maintenance responsibility; (ii) the rehabilitation and maintenance of existing buildings; (iii) 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; (iv) the establishment of reasonable fees for inspections, which fees shall be collected and retained by the city or town conducting such inspections. Such rules and regulations, together with any penalties for the violation thereof, as hereinafter provided, shall comprise and be collectively known as the state building code. Whoever violates any provision of the state building code, except any specialized code as described in section ninety-six, shall be punished by a fine of not more than one thousand dollars 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. (b) To subpoena witnesses, take testimony, compel production of books and records and to hold public hearings. The board may designate one or more of its members to hold special public hearings and report on such hearings to the board. (c) To make a continuing study of the operation of the state building code, and other laws relating to the construction of buildings to ascertain their effect upon the cost of building construction and the effectiveness of their provisions for health, safety, energy conservation and security. (d) To recommend or require tests and approvals and specify criteria and conditions, of materials, devices, and methods of construction, either upon the initiative of the board or at the request of any interested person including, but not limited to, a manufacturer, builder, architect, engineer, inspector of buildings or building commissioner or local or state inspector, in order to ascertain the acceptability of said materials, devices and methods under the requirements of the state building code. The board shall issue certification of such acceptability, which certification shall be binding on all cities and towns. (e) To review, on its own initiative or on the application of any inspector of buildings or building commissioner or of any local or state inspector, any interpretation under the state building code, and to reverse, modify or annul, in whole or in part, such interpretations except with respect to the specialized codes as defined in section ninety-six. (f) To establish an advisory board to be known as the technical code council, to assist in and make recommendations relative to formulation, promulgation and administration of the state building code. Said council shall be convened regularly by the chief of inspections and shall establish its own rules for the conduct of its business. Said council shall include a representative from each state department, commission, agency, board, or division concerned with the state building code, including specialized codes referred to in section ninety-six, and such other members as may be determined by the board. (g) To formulate administrative procedures and promulgate rules and regulations necessary to administer and enforce the state building code. (h) To revise and amend the state building code exclusive of the specialized codes referred to in section ninety-six, at least once every five years, and to send notice, by electronic or other means of such revisions or amendments to each inspector of buildings or building commissioner in every city or town and to each state inspector. (i) To issue licenses to individuals engaged as construction supervisors. Fees for such licenses shall be collected and retained by the commonwealth. (j) To designate and retain, where advisable, certain qualified third party agents to perform screening, testing, or technical services to the board to carry out its mandates. (k) To develop requirements and promulgate regulations for the certification of inspectors of buildings, building commissioners and local inspectors pursuant to section three and to issue a certificate to individuals who meet said requirements. (l) To prepare courses of instruction or approve courses of instruction offered by others for training persons for certification as inspectors of buildings, building commissioners or local inspectors. (m) To develop requirements and approve courses of instruction to be offered by others relative to the continuing education of individuals licensed as construction supervisors. (n) To establish a continuing education advisory council to assist and make recommendations to the board relative to the formulation, promulgation and administration of requirements for the continuing education of individuals licensed as construction supervisors. The council shall consist of: the commissioner of the division of occupational licensure, or his designee; 2 licensed construction supervisors who shall also be members of the Home Builders Association of Massachusetts; 1 licensed construction supervisor who shall also be a member of the eastern Massachusetts chapter of the National Association of the Remodeling Industry; and 3 members to be appointed by the commissioner, 2 of whom shall be certified building inspectors and 1 of whom shall be an instructor in residential construction technology at a public or private college or university. The commissioner shall be chairperson of the council which shall meet regularly and may establish its own rules for the conduct of its business. The members of the council shall not be compensated for their services but shall be reimbursed for travel and other expenses necessary for the performance of their duties. The board may provide technical and clerical assistance to the council. (o) To adopt and fully integrate the latest International Energy Conservation Code and any more stringent amendments thereto as part of the state building code, in consultation with the department of energy resources. The energy provisions of the state building code shall be updated within 1 year of any revision to the International Energy Conservation Code. (p) In consultation with the department of energy resources, to develop requirements and promulgate regulations as part of the state building code for the training and certification of city and town inspectors of buildings, building commissioners and local inspectors regarding the energy provisions of the state building code, and to require that all new construction and any major reconstruction, alteration or repair of residential and non-residential buildings pass inspection by inspectors who have been trained and certified, demonstrating full compliance with the energy provisions of the state building code. (q) In consultation with the department of energy resources, to develop requirements and promulgate regulations as part of the state building code, in addition to the requirements of the latest International Energy Conservation Code, requiring a process to ensure that all new non-residential buildings larger than 10,000 square feet and any major reconstruction, alteration or repair of all such buildings perform as designed with respect to energy consumption by undergoing building commissioning or acceptance testing. Such commissioning must be completed before the issuance of a certificate of occupancy. (r) In consultation with the department of energy resources, professional organizations and other stakeholders, to prepare a report evaluating the advisability of a requirement of periodic commissioning for large non-residential buildings and, if such a requirement is deemed advisable, evaluating possible approaches to periodic commissioning.

M.G.L. ch. 143, s. 96

Section 96. The state building code shall incorporate any specialized construction codes, rules or regulations pertaining to building construction, reconstruction, alteration, repair or demolition promulgated by and under the authority of the various boards which have been authorized from time to time by the general court. For the purposes of this section, ''specialized codes'' shall include, but not be limited to, the specialized stretch energy code developed and promulgated by the department of energy resources, the state plumbing code, electrical code, architectural barriers regulations, fire safety code, fire prevention regulations, sheet metal regulations and elevator regulations.

M.G.L. ch. 143, s. 98

Section 98. The board of selectmen in a town or the mayor in a city may recommend to the board the adoption of rules and regulations imposing more restrictive standards than those established by the state building code for construction, alteration, repair, demolition, and removal in such a city or town. If the board finds that more restrictive standards are reasonably necessary because of special conditions prevailing within such city or town and that such standards conform with accepted national and local engineering and fire prevention practices, with public safety and with the general purposes of a statewide building code, the board may, after notice to said board of selectmen or mayor, and after a public hearing, adopt rules and regulations, impose conditions in connection with the adoption thereof and terminate such rules and regulations at such time and in such manner as the board may deem necessary, desirable or proper. Notwithstanding the foregoing, a city or town which is not served by a municipal water system may, with the approval of the board, adopt rules and regulations with regard to fire protection systems which are more restrictive than those established by the state building code; provided, however, that if the board does not issue a written decision within forty-five days of receipt of such proposed rules and regulations then they shall be deemed to have been approved by the board.

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)