Building Permit Application Procedures
When is a building permit required?
The Massachusetts State Building Code § 113.1 states that “it shall be unlawful to construct, reconstruct, alter, repair, remove or demolish a structure; or to change the use or occupancy of a building or structure; or to install or alter any equipment for which provision is made or the installation of which is regulated by this code” without first obtaining a building permit. This includes, but is not limited to, new structures, additions, dormers, chimneys, woodstoves, decks, roofing, siding, swimming pools, antennae, and sheds. The only exception is an ordinary repair. An ordinary repair does not require a building permit. (see what is an ordinary repair) Paving projects do not require a building permit but will require a permit from the Highway Department if work is for a new driveway or in the public right of way. Most, but not all projects typically require a building permit.
What is an ordinary repair?
Section 201 of the State Building Code defines ordinary repairs as "any maintenance which does not affect structure, egress, fire protection systems, fire ratings, energy conservation provisions, plumbing, sanitary, gas, electrical, or other utilities. This has been interpreted to mean that rotted floor boards can be replaced on a deck, but the deck can not be rebuilt without a permit. Also, damaged roof shingles can be repaired, but the entire roof can not be re-shingled without a permit. If in doubt as to how much work can be done under ordinary repairs, contact the Building Department before the start of work.
Can I begin work once I submit my application?
No. Work can not proceed until the permit has been issued.
How long does it take to obtain a permit?
The Building Department has a maximum of 30 days in which to issue or deny a building permit. The actual time can vary from 1 day up to the maximum 30 day limit, depending on the number of applications ahead of yours, and the scope of work. Generally, the smaller jobs will take a shorter time, with new buildings taking close to the full 30 days, so allow for this in your scheduling.
Any outdoor construction or projects require that a “Conservation Commission Project Review” form be completed and turned into the Inter-Departmental Secretary along with a copy of the proposed project plans. A Conservation Commission member will then perform a site visit and let the applicant and Building Commissioner know if the applicant needs to file under the Wetlands Protection Act and/or Scenic Mountains Act. Building Permits will not be issued until this process has been completed.
How will I receive my permit?
Everything is done through our online permitting system.
Is there a building permit fee?
There are fees for all projects. For municipal building permit fees, please refer to the municipal fee schedule. For state buildings, please refer to the fees schedule listed in 780 CMR Appendix L found here. Note, however, that there is no fee for projects managed by Division of Capital Asset Management.
Does the Building Code define minimum requirements for building plan submissions?
Previous editions of the Building Code did not specify particular plan submissions. The Seventh Edition of the Code, however, is split into two documents (the code for single- and two-family dwellings and the code for all other building types). If the code for single- and two-family dwellings is approved as written, Section 5110.6 would define minimum plan submissions for single- and two-family dwelling buildings. The proposed section identifying minimum plan submission is repeated below. At a minimum, construction documents (for single- and two-family dwellings) shall include the following:
- Site plan;
- Foundation plan and details (as necessary);
- Floor plans (including basement and attic levels, if applicable);
- Exterior building elevations;
- Framing plans and\or building section(s) adequately depicting structural systems;
- Schedules, legends and\or details, adequately depicting doors, windows and related material installations;
- Fire protection system locations;
- Energy conservation information
Neither the 7th Edition of the Code, nor the previous editions define minimum plan submissions for other building types. The reason is that it would be next to impossible to accurately define the minimal, generic plans for, say, a hospital. As with construction control criterion, plans submissions for such an intricate project would be commensurate with the job’s complexity. Therefore, it is the obligation of the design professional to provide construction documents that accurately depict the building, its structure, and all building systems that are acceptable to the building official. The building official shall make the determination as to whether the documents are acceptable or require further detail.
The code currently requires, and will continue to require, that construction documents accurately depict the design and construction of the building. The Code specifically requires that construction documents identify the construction type of the building, its use group(s), information relative to the building’s (and/or spaces within) occupant load, clear identification of fire separation and fire wall assemblies with ratings requirements and how such assemblies will maintain required ratings when/if penetrated, energy conservation compliance, etc. In most every chapter, the Code sets some criteria relative to plan content. If you are involved in the production of plans, please take care to note these requirements.
The Code states that a building official has discretion to waive plan requirements for smaller, less complex structures. The code further states that the building official may require the contractor to submit three sets of construction documents with an application for building permit. The building official has 30 days to review the documents and take an action.
Construction documents for buildings that require fire protection systems must be forwarded to the municipal (or state) fire official for review. The fire official has 10 days to review the systems and make note of potential code deficiencies. If the fire official requires more than 10 days to review the plans, he or she must issue a written request to the building official for additional time. (See questions relating to appeals procedures if action is not taken within prescribed time periods).
Any questions please call the Building Commissioner at (413) 528-1443 (ext. 118)