Permit
Types
The
Department of Inspections Services issues the following Permit types:
Building
Permit Applications
Permit
application forms are available in the office. The city uses standard
state issued and approved application forms with slight modifications
to comply with local ordinances.
A
complete building permit application will include specific information
that differs between residential single/ two family uses and other
uses. The following shall be submitted for each application unless
waived by the Director:
-
Owners name, address and signatures
-
Contractors identification, including Home Improvement and
Construction Supervisors License
-
A current valid plot plan highlighting the proposed work
-
Manufacturers specifications of special equipment
-
Architects affidavits, if the structure is larger than 35,000 cubic
feet in volume
-
Foundation permits shall include: heights of walls, dimension of walls
and footings and strength of concrete
-
Fire rating of structural and egress materials
-
Design plans detailing: interior room dimensions, identification of
rooms and spaces, stairs, door sizes, windows, framing-siding
materials and elevations of structure.
-
MasCheck energy code compliance report of additions and new
structures.
-
Accurate cost of construction, including all sub-trades including
materials and labor
-
Conservation and Historical approval
-
Decks applications shall include: lumber dimensions, column and
footing sizes and type of concrete
-
Pools applications shall include: fencing and security alarm details,
location of the pool on a plot plan
Owners of
single and two family homes may apply for a building permit to perform
the work themselves. Any owner that applies for and is granted a
permit and then hires a contractor to perform the permitted work may
not be protected by the Home Improvement Guarantee Fund. Owners of
other than one and two families may apply for a permit but a licensed
supervisor or architect must sign the permit and be on the job site to
assume responsibility of code compliance and construction if and when
hired.
Other
Permits Issued by Inspectional Services
In
addition to the building permit the department also issues permits for
new electrical installations or repairs, fire alarm permits, security
systems, telephone and cable connections as well as plumbing and gas
permits, fire suppression, irrigation back flow preventors, and
underground propane piping.
Work
Requiring a Permit
The City
of Melrose is duty-bound by the Commonwealth of Massachusetts, General
Law Chapter 143; section 94, and CMR 780 to enforce and use The State
Building Code as the only document that regulates construction.
The State
Building Code requires permits for:
-
New building construction
-
Additions
-
Repair, renovate or install new material
-
Changes in use
-
Demolition of structures
-
Certificates of Occupancy
-
Fire suppression
-
Alter or install a means of egress
-
New electrical installations or repairs
-
Plumbing installations or repairs
-
Gas repairs or installations
-
Heating Ventilation and Air Conditioning installations
The
application also requires a permit fee that reflects the actual total
cost of construction. The City of Melrose bases the cost of the fee by
setting a rate of ten dollars per one thousand dollars of total
construction, plus a five-dollar administration fee. The total cost of
construction includes Electrical, Plumbing, Gas, HVAC, and Fire
Protection.
Notwithstanding
the inclusion of the related trades into the cost of construction, a
separate permit is required for each of the sub-trades which, in
accordance with law, must be applied for and granted to only licensed
professionals.
Exceptions
to permits are: ordinary repairs or the following, carpeting,
sandblasting, floor sanding, painting, wall papering, pools under 2
feet in height, swing sets, etc.
Melrose
Zoning mandates that sheds, fences, driveways and retaining walls
which are not regulated by code are required to be permitted.
Depending
on the location of the property in relation to the Melrose Historical
District and the proximity to wetlands the application process may
include a review and decision by the Melrose Historical Commission or
Melrose Conservation Commission.
Why
do I need a permit?
The
process of application and granting a building permit is necessary to
ensure that all new work, which includes repairs to existing
structures and new construction, are designed and built to a minimum
safe standard that protects the occupants, abutters, and emergency
response personnel.
Building
Codes have existed since the earliest recordings of history. The
intent of a code is to insure public safety standards, health and
welfare which are affected by building construction, structural
integrity, adequate means of egress, sanitary facilities, light
ventilation and heat, and protection from fire hazards.
Sometimes
the Code Official is perceived as adversarial even though we may be
protecting the people and property from harming themselves. How often
have we heard of a fire that took a life and destroyed a building
because the owner removed a smoke detector battery while cooking and
forgot to replace it? How many times have we learned of a loss of life
when a fire destroyed the only escape route from an apartment? Perhaps
you will recall the stories of the deck collapse with ten or more
people injured from the fall.
It is
very clear that all landowners have protected property rights.
However, an owner very often is confused or aggravated with what they
perceive as an infringement of those rights by the Building official.
Understanding the principles of “Police Powers” the City,
regulated by the federal and state government, has a defined
responsibility to protect the quality of life of each resident and
occupant.
Once an
ordinance or code is adopted the City has an obligation to require
each person to abide by the regulation. Code enforcement also means
that reviewing the existing regulations for out of date wording,
indifferences to case law and changes by the State legislature which
apply to regulations.
As an
example, during the past two years, the State Legislators adopted
rules to require specific procedures applied to abandoned property
when a threat of conflagration is possible. While reviewing recent
litigation and court decisions the Building official is obligated to
enforce those decisions to avoid unwarranted civil action of malice.
Permits
for electrical repairs or new installations are necessary to insure
against fire hazard, conformity of voltage to operate devices and
appliances and for protection from serious or deadly injuries.
Plumbing
permits are required to insure against hazards to personal health and
the environment, while gas permits and inspections ensure protection
from explosions and fire.
What
is the cost of a Permit?
Building
Permit Fees
Electrical
Permit Fees
Plumbing
Permit Fees
Who
files for a permit?
Several
representatives may submit a building permit application: 1) the owner
may apply for a Building Permit for any size structure. 2) For
structures larger than a 2 family the owner may apply. However, if the
owner hires a contractor to perform the work then a licensed
construction supervisor shall also be required to sign the permit
application and be responsible for the construction. 3) For structures
greater than 35,000 cubic feet an architect or engineer must sign and
stamp all drawings and submit an affidavit guaranteeing compliance of
design and assuring that they will perform periodic inspections of the
work. 4) A licensed contractor may apply for a permit for building
construction with the owner’s approval and consent and with the
attached affidavit and approved stamped drawings.
Fences,
pools, roofing, wall signs, siding and window replacement are all
regulated by code but depending on the use and size an unlicensed
contractor is allowed to perform the work with a permit.
The
owner’s signature is always required on a permit application.
The signature provides evidence that the owner has reviewed the
document, signed a contract in accordance with the Home Improvement
Contractors regulations and validates the application.
Electrical
permits may only be issued to a licensed electrical contractor.
Journeyman electricians may apply for a permit however a journeyman
may not employ and allow others to install fixtures or wiring.
Homeowners can not apply for an electrical permit. Because a permit
can not be issued to an unlicensed homeowner, the inspector in
accordance with code is unable to perform inspections on unlicensed
work.
A
licensed plumber must perform all Plumbing and Gas work.
Journeyman may apply for and be issued a permit. Homeowners may not
perform any plumbing or gas installations.
Arranging
for an Inspection
On the
back of each building permit weather card are items that are inspected
for code compliance. On the face of the card are the usual inspections
of each inspector.
Generally
the Building Inspector will perform as many as eight periodic
inspections for things such as excavation, footings, foundations,
frame, wall siding, chimney-fireplace, insulation, and final for
occupancy.
To
arrange for an inspection for the Building Commissioner a call must be
placed to the office the day the inspection is desired. Inspections
are scheduled between 8:30 AM and 10 AM Monday through Friday by calling
781-979-4135. Late calls are asked to call the following day between
those same hours.
The
Commissioner and the contractor will meet at the site beginning
shortly after 10 AM.
The Wire
Inspector’s office hours are 7 AM and 9 AM Monday through Friday. For inspections you
may call 781-979-4134. The Inspector will arrange the best available
time to meet your electrical contractor. He is a part time official
and arranges his appointments personally.
The
Plumbing and Gas Inspector is a part time official. Office hours are
12 noon to 2 PM daily. Inspections are made from 2 to 4 PM daily. To
arrange an inspection please contact the inspector at 781-979-4136.
In most
situations both wire and plumbing inspectors perform three inspections
on each project. Generally, they inspect underground - services, rough
and finish work for compliance of their particular codes.
Are
plans needed to apply?
A plot
plan is always required especially when an addition or new
construction affects the exterior lines of an existing structure and
on all new construction. Plot plans are also require for demolition,
sheds, parking lots, pools, driveways, filling of lots, retaining
walls and fences.
The State
Building Code requires a design plan for modifications of structures
or new construction of buildings or homes greater than 35, 000 cubic
feet in volume. The code also requires plans to be submitted when any
changes to a structure affect a means of egress or fire hazard index.
In
addition when new construction involves the creation of a bedroom in
an existing single and two family structure then plans are to be
submitted for assurance and placement of smoke detectors throughout
the dwelling.
For
installations of fire suppression sprinkler systems and cooking hood
fire suppression, a registered fire protection engineer shall submit
the design and plans for approval.
Generally
when an architect has designed an addition, new construction or
remodeled a structure or when a contractor has been retained based on
a specified set of plans then those plans shall be filed with the
application.
Where do
I get a plot plan?
Plot
plans are necessary to ensure compliance of zoning, environmental
protection and fire protection.
In
accordance with the State Building Code plot plans are required for
all new construction. In addition a plot plan is required for any
construction or demolition that affects the open space or land area of
a parcel.
Applications
for new construction shall include a current, scaled plot plan drafted
by a registered land surveyor. Those plans shall identify the
owners, parcel and lot area, existing distances to lot lines, proposed
distances to lot lines and proposed foundations and floors elevations.
In most
instances the homeowner receives a less than acceptable version of a
plot plan when they purchase the home. Usually specific language on
those documents prohibits their use to establish lot boundaries. They
may be used for general conversation and informational purposes.
All plot
plans will carry the registration number, date of the survey, and seal
of the Land Surveyor.
Permits
for Homeowners Performing Work
In
Massachusetts a homeowner is entitled to apply for and receive a
building permit to construct or alter a single or two family
structure. When granted a permit the homeowner may perform the new
work on a single or two family. It is important to note that
homeowners which apply for a permit then hire contractors to perform
the work are not entitled to protection under the Home Improvement
Contractors Guaranteed Fund.
Permits
for structures other than single or two family dwellings must be
issued to a licensed professional. This is not to say that an owner is
prohibited from submitting an application or applying for building
permit. This means that an application for structures other than
single and two- families must be submitted either by the owner,
architect, engineer, or licensed construction supervisor. When
the owner applies they must submit proof that a licensed supervisor
will perform the work and be present at the site during all
construction phases. If the owner hires a contractor, that contractor
must be licensed.
The
limitations for a homeowner are that they may only construction one
single or two-family home in a two-year period. If the desire to build
more than one home within the time frame then a licensed professional
must be the applicant and be responsible for construction.
To
protect the homeowners the legislators passed a law known as the Home
Improvement Contractors Guaranteed Fund. This law protects homeowners
that sign contracts and hire home improvement contractors that fail to
abide by the agreement.
A HIC
license is required on all jobs, which are valued at more than one
thousand dollars.
Homeowners
that apply for permits and then hire contractors to perform the work
are not protected or guaranteed access to the fund. The HIC contractor
is obligated to apply for the permit and to perform the work outlined
in the contract.
Electrical
and Plumbing - Gas permits must be granted to licensed professionals.
Regulation
of Construction by Inspectional Services and the Fire Department
Building
codes are adopted in part to eliminate the threat of fire and to
protect occupants in all new or renovated buildings.
Code
officials and I am sure Fire officials, often discuss the internal
policies linking fire and building officials. Issues that are
most often debated are fire suppression, fire alarms and smoke/heat
detectors.
Each
community approaches the separation between the building official’s
code and fire prevention regulations by a delicate compromise of
authorities. In Melrose, for the past ten years, a dedicated, and
resilient working relationship between the Fire Chief and Building
Commissioner has strengthen the communities commitment to life safety.
On
occasion different opinions are negotiated to a practical end by
assenting to codes and referring to opinions based on case law as a
sound and equitable mediation. All decisions are made based on the
primary concern of safety to the community and each emergency response
person’s import at the top of every issue.
During
the application process three sets of plans are submitted to the
building department. First, a set is to be marked and returned to the
applicant with approvals and comments, second a set is sent to the
fire department for their review, and third a complete set with
approvals and signatures is kept on file.
A plan
review will include items such as, hazardous use index, fire rating of
walls and fabrics, fire suppression, sprinkler head type and location,
fire alarm notification and smoke and heat detector placements.
All of
these building elements are regulated by the State Building Code which
is the “Authority Having Jurisdiction”. When installing these
fixtures the code is specific with regards to design, performance and
location. However, as an example, when designing and installing
sprinkler systems the Head of the Fire Department would approve the
type and systems capacity.
