NOTICE OF PUBLIC HEARING  
 
 
Under the provisions of G.L. c. 30A , the Department of Public Safety (“ DPS”) 
will hold a public  hearing for the purposes of gathering comments, ideas, and information 
concerning the amendments  of the following regulations:  
 
780 CMR , State Board of Building Regulations and Standards:  
CHAPTER 13 .00: Energy Efficiency  
CHAPTER 51.00: Massachusetts Residential Code  
APPENDIX 115.AA: Stretch Energy Code  
 
The proposed changes to the regulations at this time amend Chapters 13, 51, and 
115.AA to the latest IECC 2015 and ASHRAE 90.1- 2013 energy standards to lower 
consumption requirements, modernize building envelope, ventilation, insulation systems 
and other measures, and promote cost savings for builders, owners, and residents through 
offsets and improved efficiency.  
 
Scheduled Hearing Date:  June 14, 2016, at 1  PM 
 
Location:  Ashburton Café, One Ashburton Place, Boston, MA, 02108  
 
Anyone who desires to be heard on the matter should appear at the designated time and 
place. A  written public comment period will follow  and such  comments should be submitted to 
The Department of Public Safety , One Ashburton Place, Room 1301, Boston, MA , 02108, 
attention Stephen Carley . Comments will be accep ted until 4:30 PM on June 28, 2016.  
Charles D. Baker  
Governor  
 
Karyn E. Polito  
Lieutenant Governor  
  
 
 The Commonwealth of Massachusetts  
Department of Public Safety  
One Ashburton Place, Room 1301 
Boston, Massachusetts 02108- 1618 
Phone (617) 727- 3200 
Fax (617) 727- 5732 
www.mass.gov/dps   
 
 
 
 
 
 
 
 
Daniel Bennett  
Secretary  
 
Matt Carlin  
Commissioner  
 
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm. 
 Small Business Impact Statement 
(As required by M.G.L. c. 30A §§ 2, 3 & 5) 
CMR No:  780 CMR 1 3.00, 51.00, 115.00  
Estimate of the Number of Small Businesses Impacted  by the Regulation: 60,000  
Select Yes or No and Briefly Explain 
Yes 
 No 
 Will small businesses have to create, file, or issu e additional reports?  
Certain small businesses will be required to create , file, and issue reports. These may include, but a re 
not limited to: Construction Control documents; cer tain engineering analyses; project completion 
affidavits; project cost substantiation documents; design and shop drawings; and compliance alternativ e 
substantiation. They may also be required to prepar e other documents if submitting an appeal to the 
Building Code Appeals Board. 
Yes 
 No 
 Will small businesses have to implement additional recordkeeping procedures?  
In certain circumstances, records will need to be c reated and maintained. These may include, but are 
not limited to: records of specialized inspections;  maintenance records; design changes; and records 
related to cost (if needed to substantiate building  permit valuation). 
Yes 
 No 
 Will small businesses have to provide additional ad ministrative oversight?   
Projects requiring a Construction Supervisor Licens e (“CSL”) will require oversight by a licensed 
construction supervisor (“CSL holder”). In addition  to oversight by a CSL holder, installations 
incorporating engineered designs need to be reviewe d by the Registered Design Professional (“RDP”) 
approving the design. For projects beyond the scope  of a CSL, compliance with Construction Control 
practices is required. This includes administrative  oversight responsibilities by both the RDP and 
General Contractor responsible for the project. 
Yes 
 No 
 Will small businesses have to hire additional emplo yees in order to comply with the proposed 
regulation?   
Small businesses will typically already employ the necessary personnel, though when necessary they 
are able to hire outside consultants and experts to  perform the duties required by this regulation. 
Yes 
 No 
 Does compliance with the regulation require small b usinesses to hire other professionals (e.g. a lawye r, 
accountant, engineer, etc.)?   
Overall, small businesses will be able to perform m ost of the required tasks themselves, as long as th ey 
are duly-licensed to perform those tasks. In certai n circumstances, such as specialized inspections 
requiring independent third-party verification (e.g ., HERS Raters and Inspectors, BPI certified 
professionals, and Concrete and Steel Inspections).  
Yes 
 No 
 Does the regulation require small businesses to pur chase a product or make any other capital 
investments in order to comply with the regulation?    
These regulations have certain prescriptive- and pe rformance-based requirements, which may require 
specialized products, meeting certain national (or international) standards, in order to comply. 
Yes 
 No 
 Are performance standards more appropriate than des ign/operational standards to accomplish the 
regulatory objective? 
(Performance standards express requirements in term s of outcomes, giving the regulated party 
flexibility to achieve regulatory objectives and de sign/operational standards specify exactly what 
actions regulated parties must take.) The regulatio ns incorporate both performance- and prescriptive-
based requirements for use in various types of proj ects. Designers and developers may choose to use 
performance-based requirements, as long as they are  substantiated through verifiable documentation. 
Yes 
 No 
 Do any other regulations duplicate or conflict with  the proposed regulation? 
The Board of Building Regulations and Standards (“B BRS”) has duplicative jurisdiction, in certain 
areas, with the Department of Public Health, the Di vision of Professional Licensure, and the specializ ed 
codes listed in G.L. c. 143, § 96. Provisions of ot her regulations, which the BBRS feels is in conflic t 
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm. 
 with its jurisdiction, are currently being addresse d between the BBRS and the respective regulation-
promulgating bodies. 
Yes 
 No 
 Does the regulation require small businesses to coo perate with audits, inspections or other regulatory  
enforcement activities?   
The regulation requires compliance with certain per mit and maintenance requirements. This includes 
inspection and audit findings, and other enforcemen t activities, as required by the regulation. 
Yes 
 No 
 Does the regulation require small businesses to pro vide educational services to keep up to date with 
regulatory requirements?   
The regulation requires continuing education for ma ny of those licenses and certifications regulated b y 
the regulation, including: CSL holders, Building Of ficials (local inspectors, building commissioners, 
and inspectors of buildings), certain staff in Conc rete Testing Laboratories, and Concrete Field Testi ng 
Technicians. 
Yes 
 No 
 Is the regulation likely to deter  the formation of small businesses in Massachusetts ?   
Regardless of place of formation, the licensure and  permitting requirements are the same for in-state 
and out-of-state businesses and individuals doing b usiness in Massachusetts. 
Yes 
 No 
 Is the regulation likely to encourage the formation of small businesses in Massachusetts?  
Regardless of place of formation, the licensure and  permitting requirements are the same for in-state 
and out-of-state businesses and individuals doing b usiness in Massachusetts.  
Yes 
 No 
 Does the regulation provide for less stringent comp liance or reporting requirements for small 
businesses?   
The regulation does not provide any different repor ting or compliance requirements for small 
businesses. However, the code does not require all design plans to be completed by an RDP, and 
therefore small businesses are permitted to submit less formal construction documents, which can and 
do satisfy code requirements. 
Yes 
 No 
 Does the regulation establish less stringent schedu les or deadlines for compliance or reporting 
requirements for small businesses?   
The regulation does not provide any less stringent schedules or deadlines for compliance or reporting 
requirements for small businesses. However, small b usinesses may apply for, and are frequently 
granted, permit extensions that offer financial and  other relief, on the basis of their small size. 
Yes 
 No 
 Did the agency consolidate or simplify compliance o r reporting requirements for small businesses?   
The regulation does not provide any simplified comp liance or reporting requirements for small 
businesses. However, other than licensure and busin ess registration renewals, the building code 
imposes no genuine deadlines on businesses, small o r large. 
Yes 
 No 
 Can performance standards for small businesses repl ace design or operational standards without 
hindering delivery of the regulatory objective?   
Certain aspects of building design must be prescrip tive, but the regulation does incorporate multiple 
performance-based options for compliance. 
Yes 
 No 
 Are there alternative regulatory methods that would  minimize the adverse impact on small businesses?   
These regulations establish a minimum level of requ irements in order to ensure the safety of the publi c. 
The process followed in order to develop this regul ation utilized extensive stakeholder participation and 
considerations for cost and safety, as is required by the enabling legislation. 
 
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.