780 CMR, ch. 1, pt. 2, 111, 111.1

Current through Register 1538, January 3, 2025

Subsection 111.1 - Use and Occupancy

No building or structure shall be used, or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the Building Commissioner/Inspector of Buildings, or where applicable, State Building Inspector, has issued a Certificate of Occupancy and Use as provided herein. A Local Inspector shall not sign or issue Certificates of Occupancy and Use. Issuance of a Certificate of Occupancy and Use shall not be construed as approval of a violation of the provisions of 780 CMR or of other laws or ordinances. Conformance to all applicable specialized codes of M.G.L. c. 143, § 96, and, when applicable, submittal of a certificate of compliance for Title 5 in accordance with 310 CMR 15.00: State Environmental Code, Title 5: Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage are requirements of the issuance of the Certificate of Occupancy and Use.

All new non-residential buildings larger than 10,000 square feet and any major reconstruction, alteration or repair of all such buildings must provide building commissioning or acceptance testing documentation showing building performance as designed consistent with the energy provisions of 780 CMR 13.00: Energy Efficiency or 225 CMR 22.00: Massachusetts Stretch Code and Specialized Code for Low-rise Residential - 2023 Residential Low-rise Amendments to Iecc 2021 and Irc 2021 Chapter 11: Energy Efficiency and 780 CMR 23.00: Massachusetts Front-end Amendments to the International Energy Conservation Code 2021 Massachusetts Stretch Energy Code - 2023 Commercial Amendments to Iecc 2021 where the municipality has adopted the Stretch energy code or Specialized stretch energy code. Such commissioning must be completed before the issuance of a certificate of occupancy.

EXCEPTION: Certificates of Occupancy and Use are not required for work exempt from permits under section 105.2.

111.1.1Buildings or Structures Hereafter Altered. When a building or structure:

1. is changed in whole or in part;

2. is altered to change from one use group to another;

3. is changed to a different use within the same use group; or,

4. increases the maximum live load capacity or the occupancy load capacity:

the building or structure shall not be occupied or used until a new Certificate of Occupancy and Use is issued by the Building Commissioner/Inspector of Buildings, or where applicable, State Building Inspector. The Certificate of Occupancy and Use shall be issued certifying that the work has been completed in accordance with the provisions of the approved permits and of the applicable codes for which the permit is required.

111.1.2Certificate of Completion: When work completed under a permit pursuant to 780 CMR does not trigger a new Certificate of Occupancy and Use, a final inspection shall be performed, and if the work performed is in compliance with the approved application and 780 CMR, a Certificate of Completion may be issued by the building official, designating that the work has been completed in accordance with the provisions of the approved permit and no further inspections are necessary.

111.1.3Massachusetts Licensed Care Facilities. Certificate of Occupancy and Use inspections for Massachusetts licensed care facilities, including, inspection of special building features required by the licensing agency, shall be limited to verifying compliance with the provisions of 780 CMR.

780 CMR, ch. 1, pt. 2, 111, 111.1

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