248 CMR, § 3.05 - Permits and Inspections

(1) Permits.

(a) Jurisdiction of Inspectors.

1. State Inspectors. Permits to perform plumbing and/or gas fitting work in buildings owned, used, leased, or constructed by the Commonwealth pursuant to M.G.L. c. 142, § 21, shall be submitted to State Inspectors who shall grant or deny such Permit applications and who shall perform the related Inspections.

2. Local Inspectors. For all buildings that are not owned or constructed by the United States Government or that are not owned, used, leased or constructed by the Commonwealth, pursuant to M.G.L. c. 142, §§ 11, 11A and 12, all Permit applications shall be submitted to the Local Inspectors who shall grant or deny all such Permit applications and who shall perform the related Inspections.

3. For those buildings owned or constructed by the United States Government, Permits and Inspections for those buildings are only required at the request of the Federal Government.

4. In cases of emergency, a plumbing fixture or gas appliance may be installed, repaired, or turned on temporarily by the licensee prior to obtaining a permit provided:

a. the licensee has performed all testing required by 248 CMR;

b. the licensee and gas supplier (if applicable) are satisfied that the installation or repair will assure safe operation; and

c. the Inspector is notified and a regular inspection is made at the earliest opportunity and in no case later than the next working day.

5. Violations of Other Codes. Whenever an Inspector observes an apparent or actual violation of a statute, code, regulation, standard, municipal bylaw or ordinance not within the explicit authority of the Inspector under M.G.L. c. 142, and 248 CMR 3.00, the Inspector should report the findings to an official or entity having jurisdiction over that matter. The resolution of this apparent or actual violation shall not be construed as a requirement of 248 CMR 3.00 and shall be enforced by the official or entity having jurisdiction over that matter, not the Inspector.

(b) Requirements.

1. Until a Permit has been issued by the Inspector, plumbing or gas fitting work shall not be:

a. installed;

b. altered;

c. removed;

d. replaced; or

e. repaired.

2. Any application for such Permit shall be made in writing to the Inspector before work commences.

3. Each application for the Permit shall include:

a. a statement of the work to be performed;

b. the location of the building;

c. the names of the people or companies for and by whom the work is to be done; and

d. for applications for permit sought for work performed by students in a Board approved vocational school program, the application must include explicit written approval by the Board for the work to be performed.

4. Each Permit that is issued by the Inspector shall be subject to the express conditions set forth therein as to compliance with M.G.L. c. 142, and 248 CMR.

5. As a condition of granting a permit, the Inspector may require the applicant to submit a set of construction or engineered plans.

6. A minimum of one Permit is required for each building.

7. Permits to perform plumbing work shall be issued in compliance with the following:

a. Permits shall be issued to properly licensed individuals only. Permits may not be issued to apprentices.

b. Where a person seeks a Permit on behalf of a corporation or LLC, only the Master Plumber who has been granted the license to conduct the plumbing business as a corporation or LLC and who is a manager of the LLC or an officer of the corporation under M.G.L. c. 142, § 3B shall be issued the Permit.

c. Where a person seeks a Permit on behalf of a general partnership, limited partnership, or LLP, only the Master Plumbers who are partners in the partnership under M.G.L. c. 142, § 3B shall be issued the Permit.

d. Where a Permit is being sought for work by a non-plumbing/gas-fitting business exempt from business licensure pursuant to 248 CMR 3.03(1)(b), a Permit may be issued to any properly licensed journeyman or master licensee employed by said business who agrees to be responsible for said work.

8. Permits to perform gas fitting work shall be issued in compliance with the following:

a. Permits shall be issued to properly licensed individuals. Permits may not be issued to apprentices. The only exception to this general requirement is for gas permits sought by a gas company as defined in M.G.L. c. 164, in such cases, a Permit may be issued to any employee of said company who is authorized to make binding representations on behalf of the company.

b. Where a corporation or LLC seeks a Permit, only the Master Plumber or the Master Gas Fitter who is a manager of the LLC or the officer of the corporation under M.G.L. c. 142, § 3B shall be issued the Permit.

c. Where a general partnership, limited partnership, or LLP seeks a Permit, only the Master Plumbers or the Master Gas Fitters who are partners in the partnership under M.G.L. c. 142, § 3B shall be issued the Permit.

d. Where a Permit is being sought for work by a non-plumbing/gas-fitting business exempt from business licensure pursuant to 248 CMR 3.03(1)(b), a Permit may be issued to any properly licensed journeyman or master licensee employed by said business who agrees to be responsible for said work.

9. A business entity that is changing its master licensee due to non-disciplinary reasons (routine or death, as outlined in 248 CMR 3.03(1)(e)) may have a master or journeyman employee file a permit application so long as they provide documentation that they have notified the Board of the change pursuant to 248 CMR 3.00. Once a new master takes over for the entity, that master must notify the Inspector in each city or town where the business has existing permits, and assumes responsibility for the existing permits taken out by the entity.

10. An Inspector may not deny a permit application and/or refuse to issue a permit, unless one of the following applies:

a. The licensee applicant has failed to fully fill out the uniform permit application and submit any required fees;

b. The licensee applicant and, if applicable, the applicant's business entity, does not have a valid license (in the case of a gas company as defined in M.G.L. c. 164, the applicant need not be licensed if the applicant is an employee of the gas company); c. The licensee applicant has failed to submit required construction or engineered plans or has submitted a set of construction or engineered plans which, if adhered to, would cause the subject installation to not adhere to 248 CMR;

d. The licensee applicant has failed to provide evidence of workers compensation insurance if required by M.G.L. c. 152, § 25C(6);

e. The licensee applicant owes local property taxes in the city or town he or she is seeking to obtain a permit in and that city or town has adopted the provisions of M.G.L. c. 40, § 57;

f. The licensee applicant is prohibited from obtaining a permit pursuant to a decision by the Board or a court of competent jurisdiction;

g. The work location has outstanding plumbing violations that had been previously cited by the Inspector in writing to the property owner and said violations have not been resolved. This provision shall not be used to deny a permit for work which, if unperformed, would leave the subject property without potable water, heat, or sanitary drainage; or

h. The licensee has left another work site in a hazardous condition. For purposes of this section, gas turned on to a piping system or other such equipment without an approved inspection shall be deemed a hazardous condition.

(c) Exceptions to the Permit Requirement. A Permit is not required for:

1. the repair of leaks in a faucet, valve, or other working part of a plumbing fixture;

2. the clearance of a stoppage; and

3. Adjustment of gas appliance controls when said adjustment does not require any changes to the connection to the gas supply or associated piping.

(d) Permit Termination.

1. When any of the work outlined in the Permit has commenced but the Permit Holder will not complete the work outlined in the Permit, the Permit shall be terminated by:

a. the Permit Holder; or

b. the person or entity who hired the Permit Holder.

2. Termination consists of sending written notice to the Inspector who issued the Permit, wherein the notice includes:

a. the Permit number;

b. a description of the work completed; and

c. a description of the work not to be completed.

3. The Inspector shall perform an Inspection on the work that was completed under the original Permit.

(e) Invalidity. Permits shall be invalid if work is not started within 90 days of the date of the Permit, unless the holder of the Permit or Permits can satisfactorily prove that failure to start within the 90-day period was beyond his or her control.

(f) Response Time for Permit Applications. Within two working days upon the Inspector's receipt of the Permit application, the Inspector must act upon a Permit application received from a licensee. Acting does not constitute an approval or issuance of a permit.

(g) Permit Applications and Fees.

1. Permit applications must be accepted by the Inspector if submitted in person or by mail, however, applicants may choose to utilize electronic means if offered by the Inspector.

2. The Inspector must issue the Permit to the applicant in person, by mail, or the inspector may utilize other electronic means if acceptable to the permit applicant.

3. Internet Permit Applications.

a. Inspectors may accept permit applications over the internet, however, to ensure uniformity throughout the Commonwealth, the internet application must be based solely on, and require no more or less information than the permit application approved by the Board.

b. No Inspector shall deny a licensee a permit to perform plumbing or gas fitting because the licensee chooses not to utilize an internet permit application.

4. Fees charged for locally issued permits shall be determined by cities and towns, said fees shall not be subject to Board review.

(h) Notification That Permit Has Been Granted. Prior to issuing a formal Permit, an Inspector may notify an applicant that a Permit has been granted, the Permit applicant may treat this notification as the equivalent of receiving a Permit for purposes of commencing work. However, this notification is subject to the following requirements:

1. The notification must inform the applicant that a formal Permit is being issued;

2. The notification cannot be oral, it must be made in a reproducible medium, such as an email or writing, which must be retained by the Applicant until receipt of a formal Permit; and

3. The notification must be issued directly by the Inspector and cannot be delegated to anyone else.

(2) Plans and Specifications.

(a) Whenever plans and specifications are necessary or requested by the Inspector for any plumbing or gas fitting work, the applicant shall submit such plans to the Inspector. The Inspector may review the plans for up to 30 days prior to issuing the Permit.

(b) The plans and specifications shall include:

1. the name and address of the designer;

2. a certification by the designer that said plans and specifications are in compliance with 248 CMR; and

3. the stamp of a Massachusetts Professional Engineer.

(c) Plans and specifications shall not be required for minor repairs and alterations.

(3) Inspections.

(a) To insure compliance with all the requirements of M.G.L. c. 142, and 248 CMR, the Inspector shall inspect:

1. all work where a Permit is required;

2. all the Permit related plumbing and gas fitting work; and

3. all portions of existing systems that may be directly affected by the plumbing or gas fitting work outlined in the related Permit application.

(b) The Inspector may require that at least two Inspections be performed; one rough Inspection and one final Inspection.

(c) The Inspector may require that a test be performed as part of the Inspection process.

(d) Notification.

1. It shall be the duty of the Permit Holder or other non-apprentice licensee employed by the Master Plumber or gas fitter to give notice to the Inspector when plumbing or gas fitting work is ready for Inspection.

2. The non-apprentice licensee or the Permit Holder shall establish that the work will stand the prescribed test and that the roughing-in has been completed as far as practicable before giving the notification.

3. If the Inspector determines that the work will not pass the test and/or requirements of 248 CMR 3.00 through 10.00, necessary corrections shall be made and the work shall be resubmitted for Inspection. The inspector must cite the provision of 248 CMR for any findings justifying a determination that the work performed is deficient.

(e) Within two working days upon the Inspector's receipt of proper notification that the plumbing or gas fitting work is ready for Inspection, the Inspector must act upon the request for Inspection. Proper notification shall mean that the Permit Holder has had direct communication with the Inspector.

(f) Covering of Work.

1. New plumbing and gas fitting work as well as portions of existing systems that may be directly affected by new work shall not be covered until it has been tested if required by the Inspector, and the Inspector has certified that the work is in compliance with M.G.L. c. 142, and 248 CMR 3.00 through 11.00.

2. If new plumbing and gas fitting work and such portions of existing systems that may be directly affected by new work are covered before being tested and approved by the Inspector, the work shall be uncovered for Inspection after the Inspector has issued a notice to uncover the work to the Permit Holder responsible.

(g) Defective Materials and Poor Workmanship. If, at the time of Inspection, any leaks, defective or patched materials, or evidence of unskilled or inferior workmanship are found with a plumbing or gas installation, regardless of who installed the work or whether it was within the scope of the permit, the following procedures shall be followed:

1. The Inspector shall condemn the same affected part(s) or entire system.

2. The Inspector shall order the Licensee to remove or correct the defective parts, or unskilled or inferior workmanship.

3. No further progress shall be allowed on the work until the defective parts or the unskilled or inferior workmanship is made to be compliant with 248 CMR.

(4) Right of Entry. Subject to compliance with all relevant federal and state laws, the Inspector shall, after showing proper identification, have the right to enter any premises for the purpose of conducting an Inspection of a plumbing or gas fitting system at such times as may be reasonably necessary to protect the public health.

(5) Material and Labor for Inspection and Tests. The equipment, materials, power, and labor necessary for the Inspection and any required tests shall be furnished by the licensed plumber or licensed gas fitter.

(6) Advisory Opinions and Appeal Procedure.

(a) State Inspector Advisory Opinion.

1. Any party who disagrees with or is aggrieved by the decision or interpretation of a Local Inspector may seek an Advisory Opinion from the State Inspector.

2. A request for an Advisory Opinion may be made by phone, by letter, or by electronic means to the State Inspector.

3. The State Inspector may respond to the request for an Advisory Opinion by requesting information from the relevant parties and then offering his or her interpretation of the pertinent portions of 248 CMR.

4. The State Inspector's interpretation is a nonbinding statement of opinion on a matter submitted for that purpose.

5. At the State Inspector's discretion, his or her Advisory Opinion may be issued in writing or orally.

6. State Inspector advisory opinions shall not be considered to be official policies or rulemaking by the Board and do not constitute advisory opinions by the Board pursuant to M.G.L. c. 30A, § 8.

(b) Appeal before the Board. Any person who disagrees with or is aggrieved by the decision or interpretation of an Inspector may appeal to the Board for a hearing.

1. The appeal shall be in writing on a form approved by the Board.

2. The appeal shall be accompanied by a fee in the amount set by the Secretary of Administration and Finance and made payable to the Commonwealth of Massachusetts.

3. The fee shall be submitted by the appellant with the Executive Director of the Board who shall schedule the hearing and notify all interested parties.

4. The decision of the Board is final.

Notes

248 CMR, § 3.05

Amended by Mass Register Issue 1331, eff. 1/27/2017. Amended by Mass Register Issue 1442, eff. 4/30/2021.