Subsection R105.3 - Application for PermitTo 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: Department of Developmental Services, 115 CMR.)4. Be accompanied by construction documents and other information as required in section 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.R105.3.1Action on Application. The building official's 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, § 545. 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.R105.3.1.1Determination of Substantially Improved or Substantially Damaged Existing Buildings in Flood Hazard Areas. Determination of Substantially Improved or Substantially Damaged Existing Buildings in Flood Hazard Areas and coastal dunes For applications for reconstruction, rehabilitation, addition, alteration, repair or other improvement of existing buildings or structures located in a flood hazard area as established by section 322.1.1, the building official shall examine or cause to be examined the construction documents and shall make a determination with regard to the value of the proposed work. For buildings that have sustained damage of any origin, the value of the proposed work shall include the cost to repair the building or structure to its pre-damaged condition. If the building official finds that the value of proposed work equals or exceeds 50% of the market value of the building or structure before the damage has occurred or the improvement is started, the proposed work is a substantial improvement or restoration of substantial damage and the building official shall require existing portions of the entire building or structure to meet the requirements of section R322. For the purpose of this determination, a substantial improvement shall mean any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50% of the market value of the building or structure before the improvement or repair is started. Where the building or structure has sustained substantial damage, repairs necessary to restore the building or structure to its pre-damaged condition shall be considered substantial improvements regardless of the actual repair work performed. The term shall not include either of the following:1. Improvements to a building or structure that are required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to ensure safe living conditions.2. Any alteration of a historic building or structure, provided that the alteration will not preclude the continued designation as a historic building or structure. For the purposes of this exclusion, a historic building shall be any of the following: 2.1. Listed or preliminarily determined to be eligible for listing in the National Register of Historic Places.2.2. Determined by the Secretary of the U.S. Department of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined to qualify as an historic district.2.3. Designated as historic under a state or local historic preservation program that is approved by the U.S. Department of the Interior.R105.3.1.1.1Determination of Substantial Repair of a Foundation. When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of section R322.R105.3.2Time 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. 51, ch. 1, pt. 2, 105, R105.3
Amended by Mass Register Issue 1532, eff. 10/11/2024.