Section 101 - SCOPE AND GENERAL REQUIREMENTS[A] 101.1Revise section as follows. [A] 101.1Title. These regulations shall be known as the Existing Building Code of Massachusetts, hereinafter referred to as 780 CMR 34.00 101.2 Scope. The provisions of the International Existing Building Code - 2021 shall apply to the repair, alteration, change of occupancy, addition to and relocation of existing buildings.101.2Scope. The provisions of the International Existing Building Code - 2021 shall apply to the repair, alteration, change of occupancy, addition to and relocation of existing buildings. NOTES:
1. If requirements in 780 CMR 34.00 conflict with similar requirements in 780 CMR 1.00, then 780 CMR 1.00 controls.2. When 780 CMR 34.00 references requirements in other I-Codes, see 780 CMR 1.00 for guidance on how to use those I-Codes.3. Requirements in 780 CMR 34.00 for plumbing, fuel gas, electrical, elevators, fire, or accessibility shall be replaced by the requirements of the Massachusetts specialty codes, as indicated in 780 CMR 1.00.4. Any new building system or portion thereof shall conform to 780 CMR for new construction to the fullest extent practicable. However individual components of an existing building system may be repaired or replaced without requiring that system to comply fully with 780 CMR unless specifically required by this code.104.2.1Replace section with the following:104.2.1Determination of substantially improved or substantially damaged existing buildings and structures in flood hazard areas and substantial repair of a foundation. For applications for reconstruction, rehabilitation, repair, alteration, addition or other improvement of existing buildings or structures located in flood hazard areas, the building official shall determine where the proposed work constitutes substantial improvement or repair of substantial damage or substantial repair of a foundation. Where the building official determines that the proposed work constitutes substantial improvement or repair of substantial damage or substantial repair of a foundation, and where required by this code, the building official shall require the building to meet the requirements of Section 1612 of the International Building Code. 104.2.2.1Building Investigation and Evaluation. Revise section as follows. For any proposed work regulated by 780 CMR 34.00 and subject to section 107 of 780 CMR, as a condition of the issuance of a permit the building owner shall cause the existing building (or portion thereof) to be investigated and evaluated in accordance with the provisions of 780 CMR 34.00. The investigation and evaluation shall be in sufficient detail to ascertain the effects of the proposed work on at least these systems: structural, means of egress, fire protection, energy conservation, lighting, hazardous materials, accessibility, and ventilation for the space under consideration and, where necessary, the entire building or structure and its foundation if impacted by the proposed work. The results of the investigation and evaluation, along with any proposed compliance alternatives, shall be submitted to the building official in written report form.
104.10.1Replace section with the following:104.10.1Flood hazard areas and coastal dunes. The building official shall not grant modifications to any provision related to flood hazard areas and coastal dunes as established by 780 CMR without the granting of a variance to such provisions by the Building Code Appeals Board. 104.12Compliance Alternative. Add section as follows. Where compliance with the provisions of the code for new construction, required by 780 CMR 34.00, is impractical because of construction difficulties or regulatory conflicts, compliance alternatives may be accepted by the building official. The building official may accept these compliance alternatives, archaic materials and assemblies in Resource A of 780 CMR 34.00, or other alternatives proposed. If the compliance alternative involves fire protection systems the building official shall consult with the fire official. Compliance alternatives, if any are proposed, shall be included with the application for a permit and shall identify all items of noncompliance or partial compliance with the requirements of 780 CMR 34.00, and for approval by the building official. The building official shall respond to the acceptability of any proposed compliance alternatives within 30 days of the filing of the permit application. Where proposed compliance alternatives are, in the opinion of the building official, unacceptable, or where issues of noncompliance remain, the permit applicant shall have the remedies prescribed by section 113 of 780 CMR.
780 CMR, § ch. 34, pt. 1, § 101
Amended by Mass Register Issue 1532, eff. 10/11/2024.