Subsection R111.1 - Use and OccupancyNo 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, the State Building Inspector, has issued a Certificate of Occupancy and Use therefore 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 an 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 Vin accordance with 310 CMR 15.00: The State Environmental Code, Title 5, are requirements of the issuance of the Certificate of Occupancy and Use.
EXCEPTION: Certificates of Occupancy and Use are not required for work exempt from permits under section 105.2 or for alterations which do not require a change to the occupancy.
R111.1.1Buildings or Structures Hereafter Altered. When a building or structure: a.) is changed in whole or in part;b.) altered to change from one use group to another;c.) changed to a different use within the same use group; ord.) 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.R111.1.2Certificate of Completion: Work completed under a permit pursuant to 780 CMR that 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.R111.1.3Massachusetts Licensed Care Facilities. Certificate of occupancy 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. 51, ch. 1, pt. 2, 111, R111.1
Amended by Mass Register Issue 1532, eff. 10/11/2024.