Statutes, codes, and regulations
Code of Massachusetts Regulations
Department 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDSChapter CHAPTER 51 - MASSACHUSETTS RESIDENTIAL CODEChapter Chapter 1 - DELETE IN ITS ENTIRETY AND REPLACE WITH THE FOLLOWINGPart PART 2 - ADMINISTRATION AND ENFORCEMENT
Section SECTION 105 - PERMITS
Subsection R105.2 - Work Exempt from Permit

780 CMR, ch. 51, ch. 1, pt. 2, 105, R105.2

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Current through Register 1538, January 3, 2025
Subsection R105.2 - Work Exempt from Permit

Except for activities which may require a permit pursuant to other laws, and the specialized codes of M.G.L. c. 143, § 96, 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 that the floor area does not exceed 200 ft2 (18.58 m2).
2. Fences not over seven feet (2,134 mm) high.
3. 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.
4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L) and the ratio of height to diameter or width does not exceed 2 to 1.
5. Sidewalks and driveways.
6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. (Permits may be required for Electrical, Plumbing, or Gas work)
7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
8. Swings and other playground equipment accessory to one and two family dwellings.
9. Window awnings 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.
10. Decks not exceeding 200 ft2 (18.58 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, that are not attached to a dwelling, and that do not serve one of the required exit doors required by section R311.2.
11. Greenhouses covered exclusively with plastic film. This exemption does not apply if the greenhouse will be used for large assemblies of people or uses other than normally expected for this purpose.
12. 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 maintenance. Other permits, however, may be required pursuant to applicable provisions of M.G.L. c.148, § 27A and of 527 CMR.
R105.2.1Emergency Repairs. Where replacements and repairs governed by 780 CMR must 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.

R105.2.2Repairs. 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 authority of 780 CMR.

780 CMR, ch. 51, ch. 1, pt. 2, 105, R105.2

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