Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 110 - Special Regulations › Section 780 CMR 110.R5 - LICENSING OF CONSTRUCTION SUPERVISORS

Current through Register 1525, July 5, 2024
(
Note: 780 CMR 110.R5 is unique to
				Massachusetts
)
5.1
GENERAL
110.R5.1.1
Scope
. The provisions of 780 CMR 110.R5 shall govern the licensing
			 of construction supervisors
110.R5.1.2
Definitions
. Unless
			 otherwise expressly stated in 780 CMR the following terms shall, for the
			 purpose of 780 CMR 110.R5, have the meaning indicated in 780 CMR 110.R5.1.2.
BBRS.
State Board of Building Regulations and
				Standards.
CONSTRUCTION SUPERVISOR
. A person of good moral
				character who is deemed qualified by the BBRS to directly supervise persons
				engaged in the scope of work shown in Table 110.R5.1. Such term shall also
				apply to persons supervising themselves.
Code
Designation
Note 1
Table 110.R5.1 Construction Supervisor License
							 (CSL) Scope of Work
nonea
CSLa
a, b, c, d
Construction, reconstruction, alteration, repair,
							 removal, or demolition
none
CSL 1&2 Family Dwellings
b
Construction, reconstruction, alteration, repair,
							 removal, or demolition
1A
CSL Masonryb
a, b, c, d
Construction, reconstruction, alteration, repair,
							 removal, or demolition of masonry structures that require a permit. Not
							 applicable for construction of masonry buildings
RF
CSL Roof Coveringa
a, b, c
Construction, reconstruction, alteration, repair, or
							 removal of roof covering, including repair and replacement of 25% of sheathing
							 and 25% of sistering roof rafters
WS
CSL Window and
							 Sidingb
a, b, c
Construction, reconstruction, alteration, repair, or
							 removal of doors, windows and siding including repair and replacement of
							 damaged window or door framing < 4' wide and up to 25% of sheathing
SF
CSL Solid Fuel-Burning
							 Applianceb
a, b, c
Installation of solid fuel burning appliances but
							 does not allow work on any structural elements, including sheathing, with the
							 exception of that required for the installation of either the inlet or exhaust
							 elements
DM
CSL Demolitionb
a, b, c, d
Demolition only.
IC
CSL Insulationb
a, b, c
Installation of insulation including repair and
							 replacement of sheathing and siding necessary to access wall cavities
b. Specialty License
a. formerly known as "00, Unrestricted" CSL
Note 1: Building Types and Structures
a
Buildings of any use group which contain less than
							 35,000 cubic feet (991m3) of enclosed space.
b
One- and two-family dwellings or any accessory
							 building thereto, irrespective of size.
c
Building or structures for agricultural use.
d
Retaining walls less than ten feet in height at all
							 points along the wall as measured from the base of the footing to the top of
							 the wall.
HEARINGS OFFICER
The Hearings Officer is the
				person selected by the Department of Public Safety and approved by the Chair of
				the BBRS to carry out the disposition of complaints against licensed
				construction supervisors.
HOMEOWNER
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 one- or two-family dwelling, 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.
LICENSED DESIGNEE
. Any individual designated by
				the license holder to be present, in the absence of said license holder, during
				any of the periods stated in 780 CMR 110.R5.2.12. Such designee shall also hold
				a Construction Supervisor's License in the appropriate category (or better),
				but his name or license number need not be contained on the building permit
				application.
RECOGNITION
The approval by the BBRS of an
				application and related documents by one desirous of being licensed as a
				construction supervisor.
110.R5.1.3
Scope
. 780 CMR 110.R5
			 shall govern the testing and licensing of individuals who are found to possess
			 the requisite qualifications to be licensed as a construction supervisor and to
			 have charge or control of construction, reconstruction, alteration, repair,
			 removal or demolition of certain buildings or structures or parts thereof, as
			 identified.
110.R5.1.3.1. Individuals
			 supervising persons engaged in construction, reconstruction, alteration,
			 repair, removal or demolition involving any activity regulated by any provision
			 of 780 CMR, shall be licensed in accordance with 780 CMR 110.R5. Individuals
			 engaged in the supervision of the field erection of manufactured buildings in
			 accordance with 780 CMR 110.R3, shall be licensed as construction supervisors.
Exception
. Any homeowner performing work for which
				a building permit is required shall be exempt from the licensing provisions of
				780 CMR 110.R5, provided that if a homeowner engages a person(s) for hire to do
				such work, then such homeowner shall act as supervisor. This exception shall
				not apply to the field erection of a manufactured buildings constructed
				pursuant to 780 CMR 110.R3.
Note
. Any Licensed Construction Supervisor who
				contracts to do work for a homeowner shall be responsible for performing said
				work in accordance with 780 CMR and manufacture's recommendations, as
				applicable, whether or not the licensed contractor secured the permit for said
				work.
110.R5.1.3.2.
Exemptions
. A construction supervisor's license is not required
			 for:
1. construction of swimming pools, the
			 erection of signs, the erection of tents;
2. projects which are subject to construction
			 control pursuant to Chapter 1 of the
International Building Code
			 2009
with Massachusetts Amendments (780 CMR 1.00 );
3. agricultural buildings which are not open
			 to the public or otherwise made available for public use;
4.
registered design
			 professionals
provided such comply with the construction supervisor
			 oversight requirements set forth in 780 CMR 110.R5 generally and 750 CMR
			 110.R5.2.12, as applicable;
5.
			 Massachusetts certified
building officials
, provided such
			 certification is current and they comply with the oversight requirements of 780
			 CMR 110.R5 generally and 780 CMR 110.R5.2.12, as
			 applicable
.
6. the
			 practice of any trade licensed by agencies of the commonwealth
			 (
see
M.G.L. c. 112, § 81R), provided that any such work
			 is within the scope of said license including, but not limited to wiring,
			 plumbing gas fitting, fire protection systems, pipefitting, HVAC and
			 refrigeration equipment.
110.R5.1.3.3
Municipal
			 Requirements
. No municipality shall be prohibited from requiring a
			 license for those individuals engaged in directly supervising persons engaged
			 in construction, reconstruction, alteration, repair, removal or demolition in
			 those categories of building and structures for which 780 CMR 110.R5 does not
			 require a license.
110.R5.1.4
Administration and
			 Enforcement
. The BBRS shall administer and enforce the provisions of 780
			 CMR 110.R5. The BBRS or those designated by it shall administer examinations,
			 under 780 CMR 110.R5, of persons desirous of being registered as qualified to
			 receive a license as a construction supervisor.