780 CMR, ch. 1, pt. 2, 105, 105.3

Current through Register 1538, January 3, 2025
Subsection 105.3 - Application for Permit

To obtain a permit, the owner or authorized agent shall file a permit application on a form furnished by the building official for that purpose. Such applications shall:

1. Identify and describe the work to be included by the permit for which application is made.
2. Describe the land on which the proposed work is to be performed by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.
3. Indicate the use and occupancy for which the proposed work is intended. If the work involves a care facility or residence licensed by a state agency, indicate the agency name and appropriate licensing regulation on the permit. (For example: 115 CMR: Department of Developmental Services.)
4. Be accompanied by construction documents and other information as required in 780 CMR 107. Construction documents shall list any additional building features required by a Massachusetts state agency for its facilities that go beyond the requirements in 780 CMR.
5. State the valuation of the proposed work. The building official has authority to request from the applicant a detailed substantiation of the valuation.
6. Be signed by the owner or authorized agent.
7. Give such other data and information as required by the building official in accordance with 780 CMR.
8. If applicable, include the registration number and information of home improvement contractors or subcontractors for residential contracting services, in accordance with M.G.L. c. 142A, §§ 9(a) and 13.
105.3.1Action on Application. The building official shall examine or cause to be examined applications for permits and amendments, and shall issue or deny the permit in writing, within 30 days of filing. If the application or the construction documents do not conform to the requirements of 780 CMR and all pertinent laws under the building official's jurisdiction, the building official shall deny such application in writing, stating the reasons therefore. The building official's signature shall be attached to every permit.

Failure to act upon the application within 30 days could result in a complaint being registered against the building official with his or her appointing authority, the building official Certification Committee, or an appeal may be filed with the Building Code Appeals Board for lack of action.

The following requirements, where applicable, shall be satisfied before a permit is issued:

1. Zoning: in accordance with M.G.L. c. 40A or St. 1956, c. 665.
2. Railroad Right-of-way: in accordance with M.G.L. c. 40, § 54A.
3. Water Supply: in accordance with M.G.L. c. 40, § 54.
4. Debris Removal: in accordance with M.G.L. c. 40, § 54.
5. Workers Compensation Insurance: in accordance with M.G.L. c. 152, § 25C(6).
6. Hazards to Air Navigation: in accordance with M.G.L. c. 90, § 35B.
7. Construction in coastal dunes: in accordance with flood construction requirements of 780 CMR.
105.3.1.1- Reserved
105.3.1.1.1- Reserved
105.3.2Time Limitation of Application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued, except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.

780 CMR, ch. 1, pt. 2, 105, 105.3

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