780 CMR, CHAPTER 110.00, 780 CMR 110.R7, 110.R7.1 - GENERAL PROVISIONS
110.R7.1.1
Title. 780 CMR 110.R7.
110.R7.1.2
Definitions. Any
terms not defined in 780 CMR 110.R7 shall assume the definition of the term as
used elsewhere in 780 CMR.
REGISTRANT. Any individual registered with the
BBRS as a
110.R7.1.3
Scope. 780 CMR 110.R7
shall control all matters relating to qualifications and certification of all
building officials engaged in or to be engaged in the administration and
enforcement of 780 CMR; categories of certified building officials; procedures
for application, issuance, denial and revocation of certifications; approval of
training and/or educational programs offered to meet the requirements for
certification; maintenance of certification through continuing education;
application fees for certification; and enforcement of 780 CMR 110.R7. 780 CMR
110.R7 establishes standards and procedures for certification and requires all
persons performing duties with respect to the inspection of building
construction for any political subdivision within the Commonwealth to be
certified as provided in 780 CMR 110.R7.
110.R7.1.4
Powers and Duties.
The BBRS, working through its administrator and other staff, shall have the
following responsibilities in addition to all others provided in 780 CMR and
780 CMR 110.R7.
110.R7.1.4.1. Upon
recommendations from the Building Official Certification Committee ("BOCC"),
established under 780 CMR 110.R7.1.5, to issue certifications to individuals
deemed qualified as provided for in 780 CMR 110.R7.
110.R7.1.4.2. To maintain accurate records of
all applications for certification and any official action thereon and to make
such records available for inspection by the public at all reasonable
times.
110.R7.1.4.3. To suspend or
revoke a certification upon the establishment of grounds for discipline
pursuant to 780 CMR 110.R7.4.1.5.
110.R7.1.4.4. Any person aggrieved by any
notice, action, ruling or order of the BBRS, or the BOCC, with respect to 780
CMR 110.R7, may have a right to a hearing as provided for by
law.
110.R7.1.5
Inspector Certification Advisory Committee. The BBRS has established the
Inspector Certification Advisory Committee, known as the BOCC. The BOCC shall
be supported by such staff of the BBRS as may be required for the effective
operation of 780 CMR 110.R7.
110.R7.1.5.1
Powers and Duties. The BOCC shall have the responsibility to
advise and to recommend to the BBRS on all items relating to the certification
of building officials, including, but not limited to:
1. Issuing certificates.
2. Reviewing applicant credentials.
3. Maintaining applicant and certified
inspector records.
4. Hearing
complaints and appeals pertaining to inspector certification.
5. Reviewing and approving all courses of
study, seminars, and other educational programs as deemed necessary, for
continuing education requirements.
6. Monitoring all appointments to assure
compliance with 780 CMR 110.R7.
7.
Considering reciprocity with other states (upon petition of the BOCC on forms
provided for such purpose).
110.R7.1.5.2
Make-up of the
Committee. The BOCC shall consist of 11 members appointed by the BBRS as
follows:
1. One member of the BBRS or his or
her designee.
2. Nine members who
are active building officials consisting of:
a. One member from each of the four Municipal
Building Officials Associations (Southeastern Building Officials Association,
Building Officials of Western Massachusetts, Massachusetts Building
Commissioners and Inspectors Association, and MetroWest Building Officials
Association).
b. Four members at
large to be appointed by the BBRS, all of whom shall be recommended by the
Board of Directors of the Massachusetts Federation of Building
Officials.
3. One member
from academia who is an educator of construction at the college level
(e.g., architectural, civil, structural) to be appointed by
the BBRS.
4. One member of the
Massachusetts Municipal Association.
110.R7.1.6
Categories of
Certification. Categories of certification for building officials are as
follows:
110.R7.1.6.1
Inspector of
Buildings or Building Commissioner. An individual certified as an
inspector of buildings/building commissioner shall perform the duties as
defined in 780 CMR and M.G.L. c. 143, as applicable.
110.R7.1.6.2
Local Inspector. An
individual certified as a local inspector shall perform the duties as defined
in 780 CMR and M.G.L. c. 143, as applicable.
110.R7.1.6.3
Alternate Inspector of
Buildings/Building Commissioner. An alternate inspector of
buildings/building commissioner shall be certified prior to
appointment.
110.R7.1.7
Building Official Appointments.
110.R7.1.7.1.
Permanent
Appointments. No individual shall be permanently appointed to the
position of inspector of buildings, building commissioner or local inspector in
a municipal enforcing agency for which a certification requirement has been
established by 780 CMR 110.R7, unless that individual has been deemed qualified
and certified in that category by the BOCC.
EXCEPTION: Conditional appointments may be made pursuant to 780 CMR 110.R7.1.7.4.
110.R7.1.7.2
Reporting by Appointing
Authority. Immediately following appointment, the clerk of each city or
town shall report to the BBRS, the name, title and status of each new employee
who is appointed as an inspector of buildings, building commissioner or local
inspector. Said report shall be provided on forms as prescribed by the BBRS for
said purpose and shall be submitted in attestation under the pains and
penalties of perjury that said new employee meets or exceeds the minimum
qualifications as defined by M.G.L. c. 143, § 3 and 780 CMR, as
applicable.
110.R7.1.7.3
Historical Note. Any individual employed as inspector of
buildings, building commissioner or local inspector and who was in office on
November 12, 1992 and who was qualified in accordance with M.G.L. c. 143, § 3
to be in office at time of hire, and who presented acceptable evidence of these
facts to the BBRS, shall be deemed certified in the category held on said date,
and shall be provided with a certificate by the BBRS.
110.R7.1.7.4
Conditional
Appointments. Individuals who meet or exceed the experience requirements
pursuant to M.G.L. c. 143, § 3 and 780 CMR, but who are not certified under the
provisions of 780 CMR 110.R7 may be appointed on a conditional basis only. If
so appointed these requirements shall be met:
1. Immediately upon appointment, the city or
town clerk shall report the conditional appointment to the BBRS in accordance
with 780 CMR 110.R7.1.7.2.
2.
Within the first six months of employment the conditional appointee shall make
application to take the examination(s) required for the appropriate category of
certification.
3. Within one year
following the first six months of employment a conditional appointee who is
appointed as an inspector of buildings\building commissioner shall attain a
passing score on all of the examinations required for that category of
certification.
4. Within six months
following the first six months of employment a conditional appointee who is
appointed as a local inspector shall attain a passing score on all of the
examinations required for that category of certification.
5. In accordance with 780 CMR 110.R7.1.7.4.1,
a conditional appointee may petition the BOCC in writing for an extension of
time to comply with the examination schedule of 780 CMR 110.R7. Upon
establishment of cause, the BOCC may grant an extension as it may consider
appropriate.
6. Conditional
appointees shall notify the BBRS of any change in the status of their
employment, within one month of such change.
7. Any individual conditionally appointed as
an inspector of buildings/building commissioner shall first be certified as a
local inspector.
110.R7.1.7.4.1
Requests for Exam Schedule Extension. Upon written petition to the
BOCC, any conditional appointee unable to comply with the examination schedule
as cited in 780 CMR 110.R7.1.7.4 may for cause, be granted an extension of time
in order to comply. Petitions shall be forwarded to the clerk of the BOCC on
forms for such purpose, and addressed to the office of the BBRS. The
conditional appointee shall state all reasons to substantiate the request for
an extension of time. Conditional appointees who have not attempted the
examination schedule as herein defined during the prescribed period shall not
be granted an extension, and no conditional appointee shall be afforded more
than three extensions of time beyond the prescribed period for the level of
certification sought.
110.R7.1.7.4.2
Notification. The
BOCC shall, within ten days of any action taken by the committee pursuant to
780 CMR 110.R7, notify the appointing authority in writing of such
action.
110.R7.1.7.4.3
Notice of Noncompliance. Any conditional appointee who has not attained
passing scores in all examinations required for certification as an inspector
of buildings/building commissioner and/or local inspector and who exhausted
extension time as afforded by 780 CMR 110.R7.1.7.4.1 shall be deemed to be in
non-compliance with M.G.L. c. 143, § 3 and unauthorized to serve as a
conditional appointee in the position for which they are not yet
certified.
Notes
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