Statutes, codes, and regulations
Code of Massachusetts Regulations
Department 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDSChapter CHAPTER 1 - SCOPE AND ADMINISTRATIONPart PART 2 - ADMINISTRATION AND ENFORCEMENT
Section SECTION 105 - PERMITS
Subsection 105.2 - Work Exempt from Permit

780 CMR, ch. 1, pt. 2, 105, 105.2

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Current through Register 1538, January 3, 2025
Subsection 105.2 - Work Exempt from Permit

While other kinds of permits may be required for work governed by other laws, by-laws, rules and the specialized codes of M.G.L. c. 143, § 96, such as electrical, plumbing, and sheet metal, a permit pursuant to 780 CMR is not required for the following activities:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than 120 ft.2 (11 m2).
2. Fences not over seven feet (2,134 mm) high.
3. Oil derricks.
4. 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 or impounding Class I, II or IIIA liquids.
5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18,925 L) and the ratio of height to diameter or width is not greater than 2:1.
6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
8. Temporary motion picture, television and theater stage sets and scenery.
9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18,925 L) and are installed entirely above ground.
10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
11. Swings and other playground equipment accessory to detached one- and two-family dwellings.
12. Window awnings in Group R-3 and U occupancies, 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.
13. Non-fixed and movable fixtures, cases, racks, counters and partitions not over five feet nine inches (1,753 mm) in height.
14. 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.
15. Repair of any component or components of a fire protection system, where such does not affect system performance and compatibility. No permit pursuant to 780 CMR is required for routine or corrective maintenance.
105.2.1Emergency Repairs. Where replacements and repairs governed by 780 CMR shall 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.

105.2.2Repairs. 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 jurisdiction of 780 CMR.

780 CMR, ch. 1, pt. 2, 105, 105.2

Amended by Mass Register Issue 1532, eff. 10/11/2024.