780 CMR, § 780 CMR 110.R5
(Note: 780 CMR 110.R5 is unique to Massachusetts)
BBRS. State Board of Building Regulations and Standards.
CONSTRUCTION SUPERVISOR. A person of good moral character who is deemed qualified by the BBRS to directly supervise persons engaged in the scope of work shown in Table 110.R5.1. Such term shall also apply to persons supervising themselves.
Code | Designation | Note 1 | Table 110.R5.1 Construction Supervisor License (CSL) Scope of Work |
nonea | CSLa | a, b, c, d | Construction, reconstruction, alteration, repair, removal, or demolition |
none | CSL 1&2 Family Dwellings | b | Construction, reconstruction, alteration, repair, removal, or demolition |
1A | CSL Masonryb | a, b, c, d | Construction, reconstruction, alteration, repair, removal, or demolition of masonry structures that require a permit. Not applicable for construction of masonry buildings |
RF | CSL Roof Coveringa | a, b, c | Construction, reconstruction, alteration, repair, or removal of roof covering, including repair and replacement of 25% of sheathing and 25% of sistering roof rafters |
WS | CSL Window and Sidingb | a, b, c | Construction, reconstruction, alteration, repair, or removal of doors, windows and siding including repair and replacement of damaged window or door framing < 4' wide and up to 25% of sheathing |
SF | CSL Solid Fuel-Burning Applianceb | a, b, c | Installation of solid fuel burning appliances but does not allow work on any structural elements, including sheathing, with the exception of that required for the installation of either the inlet or exhaust elements |
DM | CSL Demolitionb | a, b, c, d | Demolition only. |
IC | CSL Insulationb | a, b, c | Installation of insulation including repair and replacement of sheathing and siding necessary to access wall cavities |
b. Specialty License a. formerly known as "00, Unrestricted" CSL | |||
Note 1: Building Types and Structures | |||
a | Buildings of any use group which contain less than 35,000 cubic feet (991m3) of enclosed space. | ||
b | One- and two-family dwellings or any accessory building thereto, irrespective of size. | ||
c | Building or structures for agricultural use. | ||
d | Retaining walls less than ten feet in height at all points along the wall as measured from the base of the footing to the top of the wall. | ||
HEARINGS OFFICER The Hearings Officer is the person selected by the Department of Public Safety and approved by the Chair of the BBRS to carry out the disposition of complaints against licensed construction supervisors.
HOMEOWNER Person(s) who owns a parcel of land on which he/she resides or intends to reside, on which there is, or is intended to be, a one- or two-family dwelling, attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner.
LICENSED DESIGNEE. Any individual designated by the license holder to be present, in the absence of said license holder, during any of the periods stated in 780 CMR 110.R5.2.12. Such designee shall also hold a Construction Supervisor's License in the appropriate category (or better), but his name or license number need not be contained on the building permit application.
RECOGNITION The approval by the BBRS of an application and related documents by one desirous of being licensed as a construction supervisor.
Exception. Any homeowner performing work for which a building permit is required shall be exempt from the licensing provisions of 780 CMR 110.R5, provided that if a homeowner engages a person(s) for hire to do such work, then such homeowner shall act as supervisor. This exception shall not apply to the field erection of a manufactured buildings constructed pursuant to 780 CMR 110.R3.
Note. Any Licensed Construction Supervisor who contracts to do work for a homeowner shall be responsible for performing said work in accordance with 780 CMR and manufacture's recommendations, as applicable, whether or not the licensed contractor secured the permit for said work.
Exception: An individual holding a current certification per the requirements of 780 CMR 110.R7 shall be allowed to submit an application for an unrestricted construction supervisor license without the need for examination.
Upon receipt of a complaint, the BBRS or its designee shall send a letter acknowledging receipt to the complainant, the licensee being complained of, and the appropriate municipal building official. A copy of the complaint and all attachment shall be mailed to the license holder with the acknowledgment letter.
If a licensee does not appear for the hearing, the hearings officer may conduct a hearing in their absence and render a decision based upon the evidence presented, but only after making a finding that the licensee was provided notice as required by 780 CMR 110.R5.2.9.3.
The BBRS may review such decision at its discretion. Such review is an administrative review that shall be based solely on the administrative record and is not to be construed as a second Hearing on the same complaint(s). After review, the BBRS may either deny the petition or remand the matter to the hearings officer for further proceedings as directed. The filing of an appeal with the BBRS shall serve to toll the timing provisions of M.G.L. c. 30A, § 14 until such time as a final decision is rendered by the BBRS.
Note. Any licensed construction supervisor who contracts to do work for a homeowner shall be responsible for performing said work in accordance with 780 CMR whether or not the licensed contractor secured the permit for said work.
Note. If groundwater is encountered in excavating for foundation placement, the licensed construction supervisor shall report its presence to the building official and shall submit a report detailing methods of remediation.
The building official may require a licensed construction supervisor or his or her licensed designee 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. An individual holding a current certification per the requirements of 780 CMR 110.R7 shall be allowed to submit an application for the construction supervisor license without the need for examination.
1. Construction Supervisors License | 12 Hours |
2. Construction Supervisors License (One- and Two-Family Dwellings) | ten Hours |
3. Construction Supervisors Specialty License | six Hours |
Exception. Building officials who are certified and in good standing in accordance with 780 CMR 110.R7 are exempt from 780 CMR 110.R5.4.
1. Code Review | one hour |
2. Workplace Safety | one hour |
3. Business Practices / Workers' Compensation | one hour |
4. Energy (except Demolition Specialty License) | one hour |
5. Lead Safe Practices (only first renewal cycle) | one hour |
The remainder credit hours to be completed by approved electives.
Course examinations will not be required for continuing education courses unless they are required by the instructor.
Unless determined by the coordinator textbooks are not required to be used for continuing education courses. The coordinator must provide students with a syllabus containing, at a minimum, the course title, the times and dates of the course offering, the names and addresses or telephone numbers and email address of the course coordinator and instructor, and a detailed outline of the subject materials to be covered. Any written or printed material given to students must be of readable quality and contain accurate and current information.
Upon completion of an approved course, licensees shall earn one hour of continuing education credit for each hour approved by the BBRS. Each continuing education course must be attended in its entirety in order to receive credit for the number of approved hours. Courses may be approved for full or partial credit, and for more than one regulated industry.
Continuing education credit in an approved course shall be awarded to presenting instructors on the basis of one credit for each hour of preparation for the initial presentation, which may not exceed three hours total credit for each approved course. Continuing education credit may not be earned if the licensee has previously obtained credit for the same course as a licensee or as an instructor within the Current licensing cycle
The following courses will not be approved for credit:
Approval will not be granted for time spent on meals or other unrelated activities. Breaks may not be accumulated in order to dismiss the class early. Classes shall not be offered to any one student for longer than six hours in one day, excluding meal breaks.
Application for course approval must be submitted 120 days before the course offering.
Approval is granted for a subsequent offering of identical continuing education courses without requiring a new application if the course is offered within the approved 24 month cycle. The BBRS shall deny future offerings of courses if they are found not to be in compliance with the laws relating to course approval. Course shall be updated subject to periodic review by the BBRS to ensure currency with technological changes in the building code.
Each Coordinator shall oversee no more than twelve courses of study.
Note. A contractor whose construction license is currently suspended or revoked shall not teach or serve as a continuing education course instructor
Coordinators shall notify the BBRS within ten days of a felony or gross misdemeanor conviction or of disciplinary action taken against an occupational or professional license held by the coordinator or an instructor teaching an approved course. The notification shall be grounds for the BBRS to withdraw the approval of the coordinator and to disallow the use of the instructor.
"This educational offering is recognized by the Massachusetts Board of Building Regulations and Standards as satisfying ....... (insert number of hours approved) hours of credit toward continuing ....... (insert appropriate industry) education requirements."
The BBRS may request documentation of the condition upon which the request for waiver is based as is necessary to satisfy the BBRS of the existence of the condition and that the condition does preclude attendance at continuing education courses.
780 CMR, § 780 CMR 110.R5