Subsection 3116.3 - Request for Approval of Temporary Certificate of OccupancyIn order to operate a temporary overnight shelter, a temporary Certificate of Occupancy and Use shall first be issued by the building official. Application for a certificate shall be made as follows:
1. The application shall contain information in the form of a written narrative and plans demonstrating that the structure and use meet the following requirements: a. It has been issued a valid certificate of occupancy for its current use.b. It is or will be equipped with a functioning sprinkler system or is suitably protected by a hard-wired smoke and/or heat detection and alarm system, and a carbon monoxide detection system in accordance with section 3116.6, Table 3116.6; and sections 3116.7 through 3116.14.c. It contains adequate means of egress relative to the number of approved overnight occupants and staff.d. It contains adequate emergency lighting and egress signage for safe exiting.e. It contains the necessary facilities in accordance with the applicable guidelines promulgated by the Massachusetts Department of Public Health.f. Attestation that the structure meets the requirements of 521 CMR: Architectural Access Board.g. Attestation that the location is equipped with a hard-wired land line phone or voice over internet protocol ("VOIP") device for use in the event of an emergency, including the phone number to be used.2. The application shall include the following written documentation and legible plans showing: a. Zoning approval (if applicable).b. A plot plan (internet accessed satellite maps may be sufficient if properly labeled). c. A plan for compliance with the applicable guidelines promulgated by the Massachusetts Department of Public Health.d. A fire safety and evacuation plan, including emergency vehicle access routes. The plan shall include, but not be limited to: i. The identification of the anticipated nightly occupant load.ii. A diagram of the bed and personal space layout.iii. The identification of exits and aisles leading thereto.iv. Outline of procedures for accounting for employees and occupants after evacuation.v. Outline of procedures for the evacuation of occupants with special needs.vi. Documentation providing the details for contacting the head of the fire department, prior to the time of shelter activation, with the identification of the preferred and any alternative person responsible for reporting fires and other emergencies to the fire department.vii. The plan shall show the location of a written, on site list of each day's assignment of personnel responsible for oversight of evacuation and be in a readily accessible location for first (emergency) responders.viii. The documentation shall provide details for the plan for training of employees relative to emergency evacuation.e. Identification of an on-site individual responsible for ensuring compliance with section 3116.3116.3.1Issuance of a Temporary Certificate of Occupancy and Use - Upon receipt of a completed application, the building official shall forward the application to the municipal Fire Official and Health Official for their review and comment. A site visit shall then be undertaken collectively by the building official, Fire Official, Health Official, the owner, and the applicant, or their respective designees. Said officials shall assess the suitability of the structure for issuance of a temporary Certificate of Occupancy and Use and ensure the accuracy and efficiency of the documentation submitted in accordance with section 3116.3 items 1. and 2. Prior to taking action, the building official shall review issues noted during the site inspection or deficiencies found within the application with the Fire Official and Health Official. The building official shall consider any recommendations made by the Fire Official or Health Official with due regard for their concerns. However, the building official shall not issue any temporary certificate over the written objection of the head of the fire department or the local board of health.
Promptly after the site visit and consultation with the head of the fire department and health official, the building official shall either approve the application and issue the temporary Certificate of Occupancy and Use, deny the application, or approve the application and issue the temporary Certificate of Occupancy and Use with conditions. The building official may condition the issuance of a Certificate upon anything that he or she determines is necessary to ensure the safety of the occupants of the shelter and consistent with section 3116.1 and items as follows:
1. A temporary Certificate of Occupancy and Use shall not be issued for a period to exceed one year. Applications for renewal shall be reviewed in accordance with section 3116.32. If issued, the temporary Certificate shall reflect the name of the organization to which it was issued to, the name of the party responsible for the operation of the shelter, the shelter's address, the Certificate of Occupancy and Use issuance date and expiration date, any conditions of issuance ordered pursuant to section 3116.3.1 and the maximum allowed occupant load.3. Said temporary Certificate of Occupancy may be revoked by the building official at any time for a violation of any provision of section 3116, any violation of the applicable General Laws, or for any reason necessary to ensure the safety of the occupants of the structure. The terms of issuance of the Certificate may similarly be modified. Any such action may be appealed to the Building Code Appeals Board in accordance with M.G.L. c. 143, § 100.780 CMR, ch. 31, 3116, 3116.3
Amended by Mass Register Issue 1532, eff. 10/11/2024.