City of
Melrose
Department of Inspection Services
Guide
to Building, Electrical and Plumbing and Gas Permits
The
Melrose Building Department administers codes relating to:
-
New
Construction
-
Alterations
to existing structures
-
Handicapped
accessibility
-
Electrical
Installations
-
Plumbing
and Gas Systems
-
Sprinkler
and Fire Protection Devices
-
Use
and Occupancy
-
Zoning
compliance and enforcement
Building
codes are developed and enforced to protect life and property. The City
of Melrose issues permits granted by the authority of United States Law
and Massachusetts General Law. These codes and regulations are enacted
to protect all of the general public, real property and emergency
response workforces.
These
following pages will answer the relevant questions most often asked such
as:
Building
Permits
The
Department of Inspections Services issues the following Permit types:
Additions,
Antenna, Awnings, Carnivals, Certificate of Occupancy, Chimneys, Decks,
Demolition, Driveways (zoning compliance only), Fences, Fire Alarms,
Fire Suppression Sprinklers, Foundations, Garages, Insulation,
Mechanical Systems (HVAC), New Construction, Parking Lots (zoning),
Pools, Roofing, Sheds, Siding, Signs, Solid-Pellet Fuel Burning
Appliances, Tents, and Walls
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.
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.
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.
What
work requires 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.
Are
plans needed to apply?
A
plot plan is always required especially when an addition or new
construction effects 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 effect 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 prohibit 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.
Do
I need a variance to build?
Massachusetts
General Law, Chapter 40A, is the governing legislation that controls
land uses. Part of the law is a fundamental requirement that variances
of dimensional regulations may only be granted to parcels that meet
specific conditions.
During
the process of application for a building permit, a review and
determination by the Building Commissioner is performed for verification
of zoning compliance of the lot and any existing structures and proposed
new construction.
If
the existing structure does not fully comply with the present zoning
regulations then the legal definition of the property is titled
non-conforming. As a non-conforming structure rights such as a change of
use or altering the building lines may require a finding of the Zoning
Board of Appeals.
When
the proposed construction does not comply with the local zoning
regulations, a building permit may not be issued.
The
City of Melrose, having recognized that a major percentage of the
structures in the City are pre-existing non-conforming, passed an
ordinance that relieves some dimensional deficiencies.
Can
a homeowner apply for a building permit?
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.
How
do I arrange 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.
Which
office regulates construction?
Fire or
Building
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. |
