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Frequently Asked Questions

Building Permit Application Procedure

When is a building permit required?

Per the Massachusetts State Building Code, a building permit is required 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 the code. This includes, but is not limited to, new structures, additions, dormers, chimneys, woodstoves, decks, roofing, siding, windows, swimming pools, and antennas.

Are there any exceptions to obtaining a building permit?

Yes, the State Building Code allows the following work to be done without a building permit:

One story detached accessory buildings used as tool or storage sheds, playhouses, and similar uses, provided the floor area does not exceed 120 square feet.
Retaining walls which, in the opinion of the building official, are not a threat to the public safety, health, or welfare and which retain less than four feet of unbalanced fill.
Ordinary repairs such as any maintenance which does not affect the 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 cannot be rebuilt without a permit. Also, damaged roof shingles can be repaired, but the entire roof cannot be re-shingled without a permit. If in doubt as to how much work can be done under ordinary repairs, contact the Inspectional Services Department before the start of work.

What is the penalty for working without a permit?

At the minimum, you will be required to obtain a permit and pay triple the fee. The State Building Code allows for a fine of up to $1,000 per day per violation. Also, if any work requiring inspections has been covered, the work will be required to be uncovered for inspection, and if any work is in violation of the building code or zoning ordinance, it will be required to be corrected and/or removed.

Aside from the legal requirements, why should I obtain a building permit?

A building permit ensures that work is done correctly and safely. The permit fee is assurance against faulty construction. Also, there are legal and financial liabilities that you face when you don't get a permit. Work done without a permit is illegal and can pose serious complications for you when you try to sell or refinance your property. Your insurance may be invalidated if you do work without a permit.

How do I apply for a building permit?

Applications can be obtained at the Inspectional Services Department or on-line. Completed, original applications must be submitted in person or by mail, and not on-line.

Is any other information required to be submitted with the application?

Yes. For most projects, 3 sets of construction plans and 1 copy of a certified plot plan must accompany the application, along with the permit fee, contractor’s license, insurance certificate, and copy of any contract greater than $1,000.

Can I begin work once I submit my application?

No. Work cannot proceed until the permit has been issued, obtained by the applicant, and posted on the project site.

How long does it take to obtain a permit?

The Inspectional Services 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.

Will I be informed when the permit is issued, or do I have to keep calling to find out the status?

The applicant will be called when the permit is ready. If we are unable to reach you by telephone, you will be notified by mail. When the permit is ready, it must be picked up at the Inspectional Services Department.

Expiration of Permits

When must work be started under the building permit?

Work must be started within six (6) months of the date that the permit is issued. The State Building Code states that "any permit issued shall be deemed abandoned and invalid unless the work authorized by it shall have been commenced within 6 months after its issuance; however, for cause, one or more extensions of time, for periods not exceeding 6 months each, may be granted in writing by the Building Commissioner or Inspector of Buildings." Extensions are normally granted without any trouble. However, if there have been changes to the Zoning Ordinance or building code after the original issuance of the permit, any grandfather status may be lost if work has not begun (i.e., you will have to comply with the new requirements). In addition, there is a fee for each 6-month extension requested. A request for an extension must be made in writing.

When must work be completed under the building permit?

Once started, the work must be progressing continuously to completion. The State Building Code states "Work under (a permit) in the opinion of the Building Commissioner or Inspector of Buildings must proceed in good faith continuously to completion so far as is reasonably practicable under the circumstances."

Building Permit Fees

What is the fee for a building permit?

The fee schedule is available here. These fees are subject to change, so check with the Inspectional Services Department for the latest fee schedule.

What do I get for this fee?

Your permit fee covers the cost of plan review and inspections to determine code compliance.

Do I calculate the fee?

No. That will be done by the Inspectional Services Department. In general, it is based on the valuation of the work which you provide on the permit application.

What if I don't know the valuation?

Many cost estimating publications are available at the library or at bookstores to assist you. If the amount that you put on the application is too low, we will adjust it.

Licenses

Can I do the construction myself or do I have to be licensed?

Under ordinary circumstances, no structural work shall be done without a construction supervisor's license per the State Building Code. However, a homeowner can do some work on his/her own home without a license. See the definition of “homeowner” below. If the homeowner hires someone to do such work, the homeowner shall act as supervisor.

What is a homeowner?

For the purpose of determining when a license is required, a homeowner is defined as a "person(s) who owns a parcel of land on which he/she resides or intends to reside, on which there is, or is intended to be, a dwelling of two (2) or less units, attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner."

Can I do my own electrical and plumbing/gas work?

No. State law requires anyone performing electrical, plumbing or gas work to be licensed.

Hiring a Contractor

If I don't know any good contractors, can the Inspectional Services Department recommend someone?

No. Due to conflicts of interest, we cannot get involved in the hiring or recommendation of contractors or in any contract disputes. One way to find a good contractor is to ask someone who has recently had similar work done for a recommendation. The Inspectional Services Department has a copy of all permits issued. These permits can be reviewed to locate some addresses that appear to have had similar work done. We suggest that you review the permits and if you find a project similar to yours, contact the property owner to see how satisfactorily the work was done. Keep in mind that it is important to check references, but don't rely on references given to you by the contractor. You may also want to contact the Better Business Bureau and State Attorney General’s Office.

I understand that if I obtain the building permit, I do not need to be licensed, but if I hire a contractor, does my contractor need a license?

If you are hiring a contractor, they will generally have to hold a Home Improvement Contractor's registration and, if doing structural work, will be required to hold a Construction Supervisor's License. If they obtain a building permit, we will make certain that they have the proper licenses before issuing the permit. Be wary of a contractor who tries to convince you to obtain the permit as a way around his/her need for a license/registration. These licenses are to protect you.

Construction Plans

Are plans required?

In most cases, construction plans are required. However, for minor work such as roofing or siding, the requirement for plans will be waived. When plans are required, three copies must be submitted. Two will be returned with an approved stamp placed on them, and one will be kept for our files. One copy of the approved plans must be kept on the job site at all times for the inspector to view.

Do I have to have an architect prepare my plans?

In most cases, no. However, a registered professional architect or engineer is required for design and supervision when the structure involved is not a one or two family dwelling, contains over 35,000 cubic feet of enclosed space, is not a farm building, or is a retaining wall over ten feet in height. There are circumstances where a design by an architect or engineer may be required for certain elements of one and two family dwellings due to the nature of the construction, even though their services are not required for the entire project.

How much detail is needed on the plans?

A full set of construction plans must be submitted. It must be clear from the plans what work is being done and how it is being done. Plans should be to scale and legible. Title, legend, and reference blocks giving the address of the project must be provided on the lower right-hand corner of all sheets. All areas addressed in the building code must be addressed on the plans. In general, plans for new construction should include floor plans, foundation plan, framing plans, sections, and elevations. Simply adding a note to the plans that says "all work to comply with codes" is not sufficient. Remember, the more complete that the plans are, the less likely that problems will arise after construction. Several good books are available at the library or at bookstores on architectural drafting.

Can I change my plans after they have been approved?

Yes. Revised plans must be submitted prior to constructing the change. Also, an application for revised plans must be submitted and additional fees, if any, paid. If the new work is a lower valuation than the original work, no refunds are given.

Plot Plans

What is a plot plan? When is a plot plan required?

A plot plan is a graphic representation of your property showing the lot lines, the existing and proposed buildings, and the setback dimension from the buildings to the lot lines. This plan must be to scale and accurately detail all dimensions required to review for zoning compliance.

A plot plan is required if the work involves a new structure and possibly may be required for an addition to an existing structure. As with construction plans, you must submit three copies.

I have a mortgage plan that was given to me by the bank when I purchased my home. Can this be used?

A mortgage plan is only a rough approximation of where the house is located, and was prepared only for mortgage purposes. If the mortgage plan shows that your project will be close to the required setbacks, a certified plot plan will be required.

Can I prepare my own plot plan if I am certain where my property line is?

No. Plot plans can only be prepared by a Registered Land Surveyor, and must bear his/her stamp.

If I don't have a plot plan, where can I get one?

The Inspectional Services Department has plans on file for some properties in the city (usually for properties built after 2000). If available, these may be acceptable. Mortgage plans can sometimes be obtained from the bank; however, these plans may be of limited value as noted earlier. Otherwise, you must contact a Registered Land Surveyor to prepare a plan for you.

Can the city recommend surveyors?

No. Due to conflicts of interest, we cannot get involved in the hiring or recommendation of surveyors. You may want to contact a property owner who has recently used a surveyor. Or you may want to look in the yellow pages of the telephone book or on-line. It is suggested that you contact a surveyor who is familiar with the area, and that you shop around since prices vary greatly.

How much is a plot plan?

There are too many variables to give an accurate estimate. You can probably expect to pay anywhere from a few hundred dollars for simple jobs to a few thousand dollars for more complex jobs. This amount should be considered when you are estimating the cost of your project.

How does the Inspectional Services Department know if the structure was placed in the location proposed?

For all new houses and for additions that are close to the required setbacks, a certified "as-built" plot plan must be submitted to the Inspectional Services Department after completion of the foundation. Framing cannot proceed until the plot plan has been submitted and a permit for full construction has been issued.

Inspections

After I start construction, is the work required to be inspected?

Yes. It is the responsibility of the permit holder to call the Inspectional Services Department to arrange for the required inspections. Required inspections are indicated on the inspection record card which you receive when your permit is approved. If the permit holder fails to call for the required inspections, the following action may happen: selective demolition of the work completed, criminal complaints filed with the appropriate court and State Board of Building Regulations and Standards, fines of at least $1,000, and/or imprisonment.

Where should this card be kept?

The card must be posted in a location visible from the street and accessible to the inspector. Generally, the best location is inside a front storm door.

Do I need to provide anything else to the inspector?

Yes. If you submitted plans along with your permit application, a copy of these plans, bearing an "approved" stamp was returned to you with the approved building card. This copy must be available for the inspector to review for determination that the work is in compliance with the approved plans.

How much notice does the inspector need when I am ready for an inspection?

The State Building Code states that the contractor must give the inspector 24 hours notice prior to the time when the inspection needs to be performed. It further states "the Building Inspector shall make the inspection within 48 hours after such notification".

Can a homeowner call for plumbing, gas, and electrical inspections?

No. These calls must be made by the licensed plumber or electrician.

What does the inspector look for during the inspection?

The inspector determines compliance with the approved plans and with the applicable codes.

Does the inspector carry identification?

Yes. All inspectors have business cards, badges, and photo identifications. If in doubt as to the inspector's identity, please request identification.

Will the inspector ever come to my house without a call from me or my contractor?

Generally, no. However, the issuance of a permit gives the inspector the authority to enter the premises at any reasonable hour for the purpose of determining compliance with the approved permit. Denial of permission to enter the premises could result in revocation of the permit.

Does someone have to be home during the inspection?

If access to the new work requires the inspector to walk through your existing, furnished house, someone must be present to let the inspector in. The inspector will not enter an unoccupied, furnished house. We also will not enter a house in which only a child is home, unaccompanied by an adult. In these cases, please make arrangements with the inspector for a time to meet. We will try to accommodate your schedule as much as possible. However, the number of inspections and the unpredictability of the length of time each inspection may take make precise appointments difficult.

When are a Certificate of Occupancy and Certificate of Completion issued?

A Certificate of Occupancy is generally issued only for new construction or for changes in use of an existing area (i.e., finishing an attic). A Certificate of Completion is issued for renovations and additions. Certificates are not issued for roofing, siding, and window replacement.

Can I occupy my new structure before all the work is done?

In most cases, no. However, at your request we may issue a Temporary Certificate of Occupancy if the work is near completion and the structure can be occupied safely. This Certificate will have an expiration date and list the work required to be completed prior to issuance of the permanent Certificate.

Is an inspection required for places of assembly and multi-family dwellings?

A “106” certificate of inspection is required for various places of assembly such as restaurants, night clubs, churches, theaters, and multi-family residences (3 or more units). For further information, please refer to the application and fee sections of this web page.

Storage Sheds

Do I need a permit for a storage shed?

Storage sheds that exceed 120 square feet require building permits.

Are there any setback requirements?

A shed no more than 120 square feet in area and 16 feet in height may be located within the side and rear yard setbacks. However, it must be at least 10 feet from the dwelling.

Does my shed need to be placed on a foundation?

A shed of up to 120 square feet is small enough so as not to require a foundation. However, it must still be anchored to the ground. Kits are available for this purpose. This is to prevent overturning due to wind, and is especially important for aluminum sheds. Sheds greater than 120 square feet or which have utilities connected to them (plumbing, gas, electric, sewer, etc. as in the case of a swimming pool filter house) must be on a footing extending below frost to prevent movement due to frost action.

Swimming Pools

Do I need a permit for a swimming pool?

Yes. The State Building Code defines a swimming pool as any structure that contains water over 24 inches (610 mm) in depth and which is used, or intended to be used, for swimming or recreational bathing.

Are there setback requirements?

Yes. A swimming pool must be set back a minimum of 5 feet to the water line from the side and rear property lines and at least 10 feet from the dwelling.

Is a fence required?

Yes. A fence must be installed that is at least 4 feet high (for a residential pool), with a self-closing and self-latching gate. If the wall of the house serves as part of the enclosure, any doors leading from the house to the pool must be alarmed.

Wood Stoves

Are there any special requirements for woodstoves?

All woodstoves must have a building permit.

What are the installation requirements?

When you apply for the permit, you should submit a copy of the manufacturer's installation instructions. These must show required clearances to combustible materials. Installation must be in accordance with the manufacturer's instructions. Also, the woodstove must be labeled either by Underwriters’ Laboratory (U.L.) or another accredited laboratory.

Fences

What are the requirements for fences?

A fence up to six feet in height may be located on or close to a lot line. No building permit is required. However, a fence cannot obstruct views on corner lots. Please contact the Inspectional Services Department for further information.

Detached Garages

What are the setbacks and size limitations for a detached garage on my property?

A detached garage must be located a minimum of five (5) feet from the side and rear property lines, a minimum of ten (10) feet from the principal structure on the same lot, and must be a maximum of 1 story in height. The front yard setbacks depend on the zoning requirements, and you should contact the Inspectional Services Department.

Driveways

Do I need a building permit for a driveway?

No, you do not need a building permit for a driveway. However, a driveway permit is required from the Engineering Department (tel. 978-970-3330).

Home Occupations

I would like to run a business out of my home. Is this allowed?

The Zoning Ordinance allows some home occupations to be registered with the Inspectional Services Department and City Clerk. The sale of any commodity is not allowed, nor is the storage of any work-related equipment (tools, etc.). There cannot be any non-resident employees reporting to the residence. No signs are allowed except those allowed by the State of Massachusetts (i.e., Justice of the Peace).

Some home occupations require a Special Permit from the Zoning Board of Appeals (see Zoning Ordinance).

All requests must be submitted in writing. A letter of authorization is required from a landlord or condo association where applicable.

Building Code Variances

What if my project makes it impossible to comply with a provision of the building code?

The Inspectional Services Department does not have the authority to waive a requirement of the building code. If code compliance is not possible due to a unique situation, a variance must be obtained from the State Board of Building Regulations and Standards.

How do I obtain a variance?

Applications are available in the Inspectional Services Department or at the State Department of Public Safety. It is a lengthy process, so allow ample time in your project scheduling.

What if I don't agree with a decision of the inspector?

If the disagreement cannot be resolved, an appeal can be filed with the State Board of Building Regulations and Standards, using the same application used for a variance.

What process is used for variances from Plumbing and Gas regulations?

A property owner must obtain a variance from the State Board of Plumbers and Gas Fitters prior to the commencement of any work. Applications are available in the Inspectional Services Department or from the State Department of Consumer Affairs and Business Regulation (Division of Professional Licensure).

Zoning and Variances

What is the Zoning Ordinance?

The Zoning Ordinance controls the uses of land, size, height, bulk, location and use of structures, including buildings and signs; noxious uses; areas and dimensions of land to be occupied or unoccupied by uses and structures; the density of population and intensity of use; accessory facilities and uses such as vehicle parking and loading, landscaping, and open space.

What if I want to build closer to my lot line than permitted?

In that case, a variance is required from the Zoning Board of Appeals. The applicant is expected to show that a variance from the Zoning Ordinance will not be a substantial detriment to the public good and will not nullify or substantially deviate from the intent or purpose of the ordinance.

If a variance is approved, when can I apply for a building permit?

Applications for building permits may be accepted only after the expiration of a 20 day appeal period and submission of proof that the variance has been filed with the Registry of Deeds. The appeal period begins when the decision of the Zoning Board of Appeals is filed with the City Clerk.

What if I believe that my neighbor is violating the Zoning Ordinance?

Please call the Inspectional Services Department. We will investigate your concern and take appropriate action as necessary.

Who enforces the Zoning Ordinance and who interprets its requirements?

The Building Commissioner is responsible for the enforcement, administration, and interpretation of the Zoning Ordinance. If the Building Commissioner believes that any provision of the ordinance is being violated, an investigation will take place, and a violation notice will be sent if applicable. If a property owner does not correct a violation, then the Building Commissioner will take additional action. The Building Commissioner may delegate this function to other members of the Inspectional Services Department. The decision of the Building Commissioner may be appealed to the Zoning Board of Appeals.

What are the penalties for violating the Zoning Ordinance?

Anyone who violates a provision of the Zoning Ordinance, or of any condition of a Variance, a Special Permit, or a Special Permit with site plan review, shall be punishable by a fine of not more than three hundred dollars ($300) for each offense. Each day during which any portion of a violation continues shall constitute a separate offense.

Weights and Measures

What are Weights and Measures?

Weights and measures are the various devices used for weighing and measuring a product. These devices include gasoline pumps, heating oil truck meters, grocery store scanners, delicatessen scales, pharmacy scales, and jewelry scales. Massachusetts law requires that municipalities inspect these devices for accuracy and have the devices re-calibrated as necessary. Typically, these devices are inspected annually. In certain instances, random price verifications may be performed throughout the year, such as for items at grocery stores.

How do I register a complaint if I believe that I have been shortchanged?

Please call, write, or e-mail the Sealer of Weights and Measures who will investigate your concerns. The telephone number, address, and e-mail information are listed elsewhere on the web page.

Vacant and Foreclosing Properties

Are vacant and foreclosing properties required to be registered and maintained?

Yes. There is a City ordinance that requires the registration and maintenance of these properties. Please review the ordinance on the web page, and contact the Inspectional Services Department for any additional information.

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