reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 6.00 - Hoisting Machinery › Section 6.12 - Suspension, Revocation, and Appeals of Licensing, Certification, and Temporary Permitting

Current through Register 1525, July 5, 2024
(1) Where the Commissioner, Chief or any Inspector determines that circumstances indicate the denial or immediate suspension or revocation of a license or temporary permit or company certificate of approval to operate hoisting machinery is necessary for the preservation of the public health or safety, they may deny, revoke or suspend depending on the severity of the offense. Any license covered under 520 CMR 6.00 may be revoked or suspended for the following reasons:
(a) False or misleading information on application for examination or license renewal.
(b) Operating hoisting machinery under the influence of alcohol or drugs.
(c) Failure to pay excise tax or other taxes.
(d) Failure to report accidents as required by the Department.
(e) Failure to report a serious injury as required by the Department.
(f) Operating in an unsafe manner.
(g) Failure to comply with any provision of 520 CMR 6.00.
(h) Failure to comply with 520 CMR 14.00:
Excavation and Trench Safety
.
(i) Failure to comply with M.G.L. c. 146, §§ 53 through 56.
(j) The fraudulent or otherwise improper issuance of temporary permits.
(k) The fraudulent or otherwise improper issuance of any company license.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 6.00 - Hoisting Machinery › Section 6.13 - Variance Procedure

Current through Register 1525, July 5, 2024
(1)
Variance
. Any person who believes that full compliance with 520 CMR 6.00 is overly burdensome may apply to the Department for a variance from 520 CMR 6.00. The burden is on the applicant to demonstrate in writing to the Department that the granting of the variance would not compromise public safety or otherwise undermine the purpose of 520 CMR 6.00. Applications for a variance shall be made on a form provided by the Department for this purpose and shall contain such information as is required by the Department, and shall be signed by the applicant.
(2) Upon receipt of an application for a variance, the Commissioner, or his or her designee may:
(a) Grant the application with whatever conditions are deemed appropriate; or
(b) Deny the application without a hearing;
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 6.00 - Hoisting Machinery › Appendix A - CRANE HAND SIGNALS

Current through Register 1525, July 5, 2024
(1)
ANSI/ASME B30.5-2011
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Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 6.00 - Hoisting Machinery › Appendix B - EXCAVATOR AND BACKHOE HAND SIGNALS

Current through Register 1525, July 5, 2024
(2)
SAE Excavator and Backhoe Hand Signals
.
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Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 13.00 - The Operation Of Horse Drawn Carriages For Public Hire On Public Roads And Ways On The Commonwealth To Ensure Public Safety › Section 13.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
(1) Pursuant to M.G.L. c. 22, § 20, the Department of Public Safety is authorized to promulgate rules and regulations governing the operation of horse drawn carriages. 520 CMR 13.00 establish the general administrative provisions including the License and Certificate of Competency issuance and inspections for all Horse Drawn Carriages excluding Horse Drawn Carriages used in funeral proceedings.
(2)
Purpose
. The purpose of 520 CMR 13.00 is to regulate the operation of Horse Drawn Carriages for public hire on public roads and ways of the Commonwealth to ensure the safety of the public.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 13.00 - The Operation Of Horse Drawn Carriages For Public Hire On Public Roads And Ways On The Commonwealth To Ensure Public Safety › Section 13.02 - Definitions

Current through Register 1525, July 5, 2024
As used in 520 CMR 13.00, the following terms shall have the following meanings unless otherwise indicated:
Apprentice
. An individual who is at least 18 years of age, holds a valid driver's license, and is under the direct guidance and supervision of a driver holding a valid Certificate of Competency.
Certificate of Competency
. A certificate issued by the Department to a Driver upon demonstration of competency and approval by the Department.
Commissioner
. The Commissioner of the Department of Public Safety.
Department
. Department of Public Safety.
Division
. The Division of Inspection of the Department of Public Safety.
Driver
. A person who holds a valid Certificate of Competency and a valid driver's license.
Groom
. A person employed by a company operating Horse Drawn Carriages who is knowledgeable in horse care and carriage operation.
Horse Drawn Carriage
. Any wheeled device similar to, but not limited to, wagons, carriages, carts, or similar devices in, upon, or by which any living person may be transported; designed to be drawn by one or more horse(s), hold passengers, and be driven for hire.
Inspector
. A District Engineering Inspector of the Division of Inspection of the Department of Public Safety.
License
. A certificate issued by the Department to an owner of a company operating Horse Drawn Carriages.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 13.00 - The Operation Of Horse Drawn Carriages For Public Hire On Public Roads And Ways On The Commonwealth To Ensure Public Safety › Section 13.03 - General Administrative Provisions; Issuance of Annual License; Denials; Appeals

Current through Register 1525, July 5, 2024
(1) It shall be
			 unlawful for any individual to operate or permit another to operate a Horse
			 Drawn Carriage for public hire unless the person has first obtained a License
			 from the Commissioner.
(2) Prior to
			 obtaining a License the applicant shall provide the Department with the
			 following:
(a) Completed application as
			 required by the Department;
(b) A
			 $25.00 non-refundable application fee;
(c) a $100 License fee for one horse and
			 carriage (which includes the $50 carriage inspection fee);
(d) a $50 inspection fee for each additional
			 carriage. Additional horses shall be licensed at $50 each;
(e) A list of Drivers and proof of their
			 meeting all relevant provisions applicable to them as set forth in
			 520
			 CMR 13.04;
(f) Proof of insurance valid for the duration
			 of the licensing period. Coverage shall be as follows: The applicant shall
			 furnish proof of general liability insurance in the minimum amount of
			 $1,000,000.00 per occurrence limit with a $2,000,000.00 general aggregate limit
			 written on an occurrence form, a bond or other substantially equivalent proof
			 approved by the Commissioner;
(g) A
			 health Certificate signed by the examining veterinarian shall be submitted with
			 application and yearly renewal for License to the Commissioner;
(h) A completed criminal offender record
			 information (CORI) Request Form.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 13.00 - The Operation Of Horse Drawn Carriages For Public Hire On Public Roads And Ways On The Commonwealth To Ensure Public Safety › Section 13.04 - Issuance of Certification of Competency to be a Carriage Horse Driver, Disqualifications; Examinations; Denials; Appeals

Current through Register 1525, July 5, 2024
(1) In
			 order to obtain a Certificate of Competency, each Driver shall have a minimum
			 of 80 hours apprenticeship with a Driver who has previously met the
			 requirements under 520 CMR 13.04, and has a minimum of two years driving
			 experience.
(2) The apprenticeship
			 shall be sworn to by the Driver and Apprentice on a form provided by the
			 Department and such documentation together with application for examination and
			 $50 fee shall be submitted to the Department.
(3) Each applicant seeking a Certificate of
			 Competency shall submit to a written examination provided by the
			 Department.
(4)
Examinations
. Inspectors shall act as examiners for
			 the Certification of Competency. An Inspector may administer the oath to the
			 Apprentice at the time of examination. The examination may include but not be
			 limited to:
(a) All provisions of
			 520 CMR 13.00;
(b) Massachusetts Registry of Motor Vehicles
			 rules of the road;
(c) The proper
			 method for fitting the bridle, bit, harness and padding to a horse; and,
			 hitching and unhitching a properly harnessed horse;
(d) The proper handling of a Horse Drawn
			 Carriage; and knowledge of responding to emergency situations including but not
			 limited to unexpected animal behavior.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 13.00 - The Operation Of Horse Drawn Carriages For Public Hire On Public Roads And Ways On The Commonwealth To Ensure Public Safety › Section 13.05 - Driver Responsibility

Current through Register 1525, July 5, 2024
(1) The Driver shall obey all local and Commonwealth of Massachusetts traffic laws and traffic regulations.
(2) The Driver shall keep daily work records on forms furnished upon licensing by the Department and the Licensee shall maintain records for one year. On or before January 1st, the Licensee shall submit these records to the Department. A willfully false entry in the Record Book on Carriage Horses shall be sufficient cause for revocation or suspension of License or Certificate at any time. Such daily work records for each month shall be kept in the Driver's compartment and always be accessible to the Commissioner or any Inspector. All daily work record entries shall be legible so that they may be easily read. Work records shall include the following:
(a) safety check of harness and carriage and emergency repairs;
(b) log of number of passenger(s) per ride, number of rides, location and time of each pick-up and discharge;
(c) schedule of horse including the time it began and ended work and dates worked;
(d) schedule of rest and water periods horse worked;
(e) any emergencies, unusual incidents or accidents;
(f) any and all horse injuries, behavioral problems or maladies;
(g) schedule of private functions of the day including the name of the horse and hours worked; and
(h) apprenticeship records.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 13.00 - The Operation Of Horse Drawn Carriages For Public Hire On Public Roads And Ways On The Commonwealth To Ensure Public Safety › Section 13.06 - Licensee Responsibilities

Current through Register 1525, July 5, 2024
(1) The Licensee will provide gloves to the Driver, should he request them.
(2) All Drivers must carry their Certificate of Competency on their person at all times while operating a Horse Drawn Carriage and shall furnish the Certificate of Competency for inspection at the request of the Inspector.
(3) All Drivers must carry their valid and current driver's license to operate a motor vehicle at all times while operating a Horse Drawn Carriage and shall furnish the license for inspection at the request of the Inspector.
(4) If any Horse Drawn Carriage becomes unsafe for operation as determined by the Inspector or the Commissioner, the Inspector or Commissioner may order operations to cease and desist immediately until they are made safe for operation or for a period of time to be determined by the Inspector or the Commissioner.
(5) The Licensee shall make available to the Drivers copies of 520 CMR 13.00 upon request.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 13.00 - The Operation Of Horse Drawn Carriages For Public Hire On Public Roads And Ways On The Commonwealth To Ensure Public Safety › Section 13.07 - Inspections

Current through Register 1525, July 5, 2024
(1) All Horse Drawn Carriages shall be inspected prior to the granting of a Horse Drawn Carriage License or its renewal by an Inspector.
(2) The Inspector may cause any Horse Drawn Carriage to be inspected as often as the Commissioner or Inspector shall determine to ensure the safety of the public and/or of the horses.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 13.00 - The Operation Of Horse Drawn Carriages For Public Hire On Public Roads And Ways On The Commonwealth To Ensure Public Safety › Section 13.09 - Driver's Duties, Hours, Days of Operation, Routes, for Carriage

Current through Register 1525, July 5, 2024
(1) Horses shall never be left unattended. Only the Driver and either an employed Groom or an Apprentice employed by the Licensee under the direct supervision of the Driver may occupy the Driver's seat while the Horse Drawn Carriage is not in operation.
(2) Only the Driver or an Apprentice employed by the Licensee under the direct supervision of the Driver may occupy the Driver's seat while the Horse Drawn Carriage is in operation. The Driver or Apprentice must have the Horse and Carriage under control at all times. The Driver or Apprentice shall remain seated and maintain control of the lines of the horse while passengers are getting on and off the Horse Drawn Carriage. The Driver or Apprentice shall ensure that passengers do not enter or exit the carriage when the Driver is not on the box and seated.
(3) Horse Drawn Carriages shall be driven only during the hours and on routes previously endorsed by local authorities and subsequently approved by the Commissioner as designated in the Licensee's application.
(4) No single fare shall exceed 30 minutes. There shall be not less than a five minute break between fares.
(5) Horse Drawn Carriages shall not be pulled at a speed faster than a slow trot. When traffic permits carriages shall be pulled at a horse's walking pace.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 13.00 - The Operation Of Horse Drawn Carriages For Public Hire On Public Roads And Ways On The Commonwealth To Ensure Public Safety › Section 13.10 - Carriage and Horse Operations Prohibited During Adverse Weather Conditions, Detrimental to Public Safety

Current through Register 1525, July 5, 2024
(1) Horse Drawn Carriages shall not be driven during adverse weather conditions, which shall include, but not be restricted to snow, ice, heavy rain, slippery conditions or extreme cold, heat or humidity.
(2) Horses shall not be worked in temperatures over 90°F or below 18°F according to the U.S. Weather Bureau; or if, in the opinion of an Inspector, it appears that a horse is in danger because of extreme temperature.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 13.00 - The Operation Of Horse Drawn Carriages For Public Hire On Public Roads And Ways On The Commonwealth To Ensure Public Safety › Section 13.11 - Accident Notification Requirements

Current through Register 1525, July 5, 2024
(1) A complete written report signed by the Driver and Licensee shall be submitted to the Commissioner and local police departments within 72 hours of any accident injury involving property, passengers, drivers or horse.
(2) Said reports shall be on a form furnished by the Department and shall include:
(1) the proper identification of incident;
(2) names and addresses of all parties involved and witnesses;
(3) names of any agency/person who rendered medical service to victims and/or the medical facility to where they were transferred; and
(4) the name of the veterinarian who examined the horse within 72 hours of the accident only in those instances in which physical contact was made with such horse and/or in which such horse exhibits any evidence of apparent injury.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 13.00 - The Operation Of Horse Drawn Carriages For Public Hire On Public Roads And Ways On The Commonwealth To Ensure Public Safety › Section 13.12 - Suspension or Revocation of License, Appeal Process

Current through Register 1525, July 5, 2024
Suspension or Revocation of Certificate of Competency or License
.
(1) Administrative action, up to and including revocation of a License or Certificate of Competency may be taken for the following reasons:
(a) Failure to properly maintain records pursuant to 520 CMR 13.05(2);
(b) Operating in a manner likely to cause injury;
(c) Operating a Horse Drawn Carriage without proper authorization from the Department;
(d) The knowing submission of false, invalid, incorrect or fraudulent information to the Department;
(e) Failure to maintain the required insurance;
(f) Permitting an individual to operate the Horse Drawn Carriage who does not have a Certificate of Competency except for an Apprentice who is fulfilling apprenticeship requirements under direct personal supervision of a certified Driver;
(g) Failure to take corrective action as ordered pursuant to 520 CMR 13.04(16);
(h) Any violation of an automobile law as defined by M.G.L. c. 90C § 1 or of a local motor vehicle law or regulation is subject to ticketing and fines as established by the Commonwealth and/or the town or locality;
(i) For any violation of any provision of 520 CMR 13.00.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 13.00 - The Operation Of Horse Drawn Carriages For Public Hire On Public Roads And Ways On The Commonwealth To Ensure Public Safety › Section 13.13 - Exemption from Examination Requirements for Certificate of Competency to be a Carriage Horse Driver

Current through Register 1525, July 5, 2024
Applicants who have a minimum of two cumulative years of full time carriage horse driving experience without incident and have not been previously found in violation of any rules or regulations of any locality within which they operated shall be exempted from 520 CMR 13.04(1) through (3). Such person shall submit to the Commissioner sworn documentation together with application for Certificate of Competency to be a carriage horse Driver and $50 fee attesting to this experience. Documentation shall include letters of recommendation as to the skill and knowledge of the applicant pertaining to: driving a horse and carriage; and, public safety rules of the road for the Commonwealth of Massachusetts. Such documentation shall come from the employer(s) for whom said Driver worked or from professional driving club judges or officials. If self-employed, such documentation shall come from the city officials to whom the self-employed Driver reported in the city(s) which hosted the carriage horse operation or professional driving club judges or officials. Such documentation shall cover the full two years experience.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 14.00 - Excavation And Trench Safety (jackie's Law) › Section 14.01 - Authority, Purpose, and Scope

Current through Register 1525, July 5, 2024
(1)
Purpose and Scope.
(a)
									520 CMR 14.00 is promulgated by the Department of Public Safety in conjunction with the Division of Occupational Safety pursuant to authority granted by M.G.L. c. 82A, § 1.
(b) The purpose of 520 CMR 14.00 is to establish reasonable standards to protect the safety of the citizens of the Commonwealth of Massachusetts from the hazards inherent in trenches and to provide for penalties for individuals who violate any provision of 520 CMR 14.00.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 14.00 - Excavation And Trench Safety (jackie's Law) › Section 14.02 - Definitions

Current through Register 1525, July 5, 2024
Emergency
. An unforeseen condition in which the safety of the public is in imminent danger because of a threat to life or health or where immediate correction is required to maintain or restore essential public utility service.
Excavator
. Any entity including, but not limited to, a person, partnership, joint venture, trust, corporation, association, public utility, company or state or local government body or public agency which performs excavation operations including the excavation of trenches.
General Public
. All natural persons not engaged in construction activities at a trench site.
Permit Holder
. The excavator who is responsible for acquiring a permit from the Permitting Authority.
Permitting Authority
. A city, town, or public agency required to administer the provisions of 520 CMR 14.03.
Public Agency
. A department, agency, board, commission, authority, or other instrumentality of the commonwealth.
Serious Injury
. A personal injury that results in death, dismemberment, significant disfigurement, permanent loss of the use of a body organ, member, function, or system, a compound fracture, or other significant injury that requires immediate admission and overnight hospitalization and observation by a licensed physician.
Trench
. An excavation which is narrow in relation to its length, made below the surface ground in excess of three feet below grade and the depth of which is, in general, greater than the width, but the width of the trench, as measured at the bottom, is no greater than 15 feet.
Unattended Trench
. A trench where neither the, excavator, or any of the people who are engaged in construction activities at the trench, are present.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 14.00 - Excavation And Trench Safety (jackie's Law) › Section 14.03 - Permitting Requirements

Current through Register 1525, July 5, 2024
(1) No person shall, except in an emergency, make a trench excavation, in any public way, public property, or privately owned land until a permit is obtained from the appropriately designated permitting authority.
(2)
Issuance of Permit.
(a) No person shall, except in an emergency, contract for the making of or make a trench, in any public way, public property, or privately owned land until a permit is obtained from the appropriately designated person within the city, town, or public agency that is authorized to issue the permit. The Permitting Authority may issue a single project permit for multiple trenches in a project.
(b) Each city, town or regionalized entity shall designate one board or officer to issue permits for the excavation of trenches on privately owned land or land owned by a city or town. Cities or towns that regionalize or share permitting and inspection functions with other cities or towns may utilize these regionalized entities for the permitting of trenches.
(c) Any individual or entity creating a trench on property that is owned or controlled by a public agency or that a public agency otherwise has a property interest in, including but not limited to an easement, shall obtain a permit from that public agency unless the permitting authority is otherwise designated through a written agreement. The public agency issuing the permit shall electronically notify the Department of Public Safety of the permit's issuance and shall provide the following information:
1. The location of the excavation indicated on the permit;
2. The anticipated date to begin the trench operation;
3. The anticipated date to conclude the trench operation;
4. The name of the permit holder; and
(d) When issuing a permit under 520 CMR 14.03(2), the permitting authority shall attach a summary of OSHA Regulation 1926 Subpart P-Excavations and a summary of any regulation promulgated by the Department of Public Safety in conjunction with the Division of Occupational Safety in accordance with M.G.L. c. 82A.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 14.00 - Excavation And Trench Safety (jackie's Law) › Section 14.04 - Protections for the General Public

Current through Register 1525, July 5, 2024
(1)
Generally
. Wherever an unattended trench exists, the operation shall be secured in a safe manner and suitable protection for the general public shall be provided. The Excavator shall secure the unattended trench to prevent unauthorized entry when work is not in progress.
(2)
Trenches on Public Ways
. Access to unattended trenches opened during construction on a public way shall be restricted by covers or barriers.
(a) Where covers are used they shall be comprised of steel metal plates no less than % inch thick, or equivalent. Covers shall be placed over the trench. Such covers shall be level and physically secure to prevent the creation of a hazard by inadvertent movement.
(b) Where barriers are used they shall comply with the following provisions:
1. A continuous barrier not less than six feet in height shall surround the unattended trench.
2. All barriers shall be of adequate strength and shall be supported in a manner that will allow them to be seen by the motorist and provide a stable support not easily blown over by the wind or traffic.
3. Trench barriers adjacent to high speed traffic may include traffic control barrels ballasted by sandbags or temporary pre-cast concrete barriers as components.
4. Trench barriers comprised of multiple sections shall allow not more than four inches between each section. Adjacent sections must be securely fastened to each other.
5. Any openings between the ground and barrier shall not exceed four inches. Openings greater than four inches may be protected by solid guards of suitable materials, including plywood or wood planks.
6. Barriers shall be at a sufficient distance from the trench to be unaffected by changing conditions of the trench site.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 15.00 - Permitting Of Ice Cream Truck Vendors › Section 15.01 - Authority, Purpose, and Scope

Current through Register 1525, July 5, 2024
(1)
Purpose and Scope
.
(a)
									520 CMR 15.00 is promulgated by the Department of Public Safety pursuant to authority granted by M.G.L. c. 270, § 25(a).
(b) The purpose of 520 CMR 15.00 is to establish uniform standards and requirements for the issuance of permits to engage in ice cream truck vending.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 15.00 - Permitting Of Ice Cream Truck Vendors › Section 15.02 - Definitions

Current through Register 1525, July 5, 2024
Department
, the Department of Public Safety.
Ice Cream
, any frozen dairy or frozen water-based food product.
Ice Cream Truck
, any motor vehicle used for selling, displaying or offering to sell ice cream.
Ice Cream Truck Vending
, the selling, displaying or offering to sell ice cream or any other prepackaged food product from an ice cream truck.
Ice Cream Truck Vendor/Operator
, any person who owns, sells, displays, or offers to sell ice cream from an ice cream truck or any person who drives or operates such a vehicle.
Permitting Authority
, the chief of police or the board or officer having control of the police in a city or town, or person authorized by them.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 15.00 - Permitting Of Ice Cream Truck Vendors › Section 15.03 - Permitting Requirements; Conspicuous Posting

Current through Register 1525, July 5, 2024
(1) No person shall engage in ice cream truck vending, as defined in 520 CMR 15.02:
Definitions
:
Ice Cream Truck Vending
, unless the applicant has been issued a valid permit to do so by the Permitting Authority within the municipality where the permit applicant lives or intends to operate an ice cream truck. A permit issued by the Permitting Authority within the municipality where the permit applicant lives shall be valid in all municipalities throughout the Commonwealth. A permit must be issued for every person who intends to engage in ice cream truck vending.
(2) All permits issued pursuant to 520 CMR 15.00 shall be conspicuously displayed and clearly visible on the windshield of any ice cream truck operated or from which ice cream or any other prepackaged food product is sold.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 15.00 - Permitting Of Ice Cream Truck Vendors › Section 15.04 - Uniform Permit Applications and Permit Forms

Current through Register 1525, July 5, 2024
When issuing permits pursuant to 520 CMR 15.00, all Permitting Authorities must utilize the uniform application and permit form approved by the Department. The uniform permit shall include a current photograph of the applicant.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 15.00 - Permitting Of Ice Cream Truck Vendors › Section 15.05 - Issuance of Permits; Renewals; Investigation by Permitting Authority into Criminal History of Applicant

Current through Register 1525, July 5, 2024
(1)
Issuance
. In order to obtain a permit, the following
			 information shall be submitted to the Permitting Authority:
(a) Completed application on the uniform
			 application form approved by the Department;
(b) A copy of applicant's fingerprints;
			 and
(c) Two current photographs of
			 the applicant.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 15.00 - Permitting Of Ice Cream Truck Vendors › Section 15.06 - Assessment of Fines; Hearings

Current through Register 1525, July 5, 2024
(1) The Permitting Authority may assess an administrative fine of $500.00 against any person who violates 520 CMR 15.03(1) and (2).
(2) Each day that such person is in operation in violation of 520 CMR 15.03(1) and (2) may be considered a separate violation.
(3) The Permitting Authority shall send written notice of alleged violation(s) and intent to impose administrative fines to the person. The notice shall specify:
(a) The specific condition(s) which constitute the violation;
(b) The provision(s) of the regulation which are alleged to have been violated;
(c) The amount that is to be assessed for each alleged violation; and
(d) The procedure for requesting an administrative hearing.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 16.00 - Enforcement of Civil Fines for Expired Elevator Certificates › Section 16.01 - Purpose, Scope, and Definitions

Current through Register 1525, July 5, 2024
(1)
Purpose and Scope
. The purpose of 520 CMR 16.00 is to establish reasonable standards for the issuance and appeal of civil fines pursuant to M.G.L. c. 143, § 65 by authorized personnel of the Department for the operation of an elevator beyond its certificate expiration date.
(2)
Definitions
.
Board
. The Board of Elevator Regulations.
Commissioner
. The Commissioner of the Department of Public Safety.
Department
. The Department of Public Safety.
Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 16.00 - Enforcement of Civil Fines for Expired Elevator Certificates › Section 16.02 - Assessment of Fines for Operation of Elevator Beyond Certificate Expiration Date

Current through Register 1525, July 5, 2024
(1)520 CMR 16.02 establishes the standards for the assessment of fines for operating an elevator after the expiration of its certificate in violation of M.G.L. c. 143, § 65.
(2) No elevator shall be operated without a valid inspection certificate issued by the Department. An elevator shall be deemed to be operating for the purposes of 520 CMR 16.00 unless it has been placed out of service or decommissioned in accordance with a procedure approved by the Board.
(3) The Department shall fine an owner or operator of an elevator for $100 per day that an elevator is in operation without a valid certificate.
(4) Fines shall stop accruing on the date on which the Department receives a written request from the owner or operator for an inspection of the elevator by the Department, or on which the elevator has been placed out of service or decommissioned in accordance with a procedure approved by the Board, whichever comes first.
(5) Upon application for an annual inspection, the owner or operator shall provide to the Department a current mailing address for the location of the elevator and a current mailing address for the owner of the elevator.
(6)
Maximum Fines
. The maximum fines for all elevators shall be in accordance with M.G.L. c. 143, § 65.
(7)
Notice
. The Commissioner or the Commissioner's designee, or another person as the Commissioner may specifically authorize, may issue a written notice of violation under M.G.L. c. 22, § 22 for a violation of 520 CMR 16.02. The notice shall specify:
(a) The provision(s) of the law or regulation with which there has been non-compliance;
(b) The amount that is being assessed as a penalty for each alleged violation;
(c) The procedure for requesting an administrative review as set forth in 520 CMR 16.03.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 1 - Authority › Section 1.2

Current through Register 1525, July 5, 2024
Under the provisions of St. 1974, c. 58, §2, all orders, rules and regulations duly granted by the Board to Facilitate The Use Of Public Buildings By The Physically Handicapped, which were in force immediately prior to the effective date of St. 1974, c. 58, § shall continue to be in force, and the provisions thereof to be enforced until superseded, revised, rescinded or canceled in accordance with the law by the Architectural Access Board.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 1 - Authority › Section 1.3

Current through Register 1525, July 5, 2024
521 CMR supersedes and revises the Rules and Regulations of the Architectural Access Board, designated as 521 CMR 1.00
et seq
.
Enabling Legislation
Effective Date of Regulations
St. 1974, c. 528
June 10, 1975
Complete revision
:
March 3, 1977
Complete revision
:
April 1, 1982
Complete revision
:
September 1, 1996
St. 1986, c. 642
Amendments to Sections 5, 10, 11 and 23
:
July 10, 1987
Amendments to Sections 2, 3, 7, 8, 9, 10,
11, 12, 14, 15, 19, 21, 23 24, 26, 27, 28, 30,
31, 32, 37, 40, 41, 42, 44, and 45
:
March 6, 1998
Amendments to Sections 5, 8, 9, 14, 18, 21,
26, 27, 28, 30, 31, 37, 39, 40, 42
:
February 1, 2002
St. 1989, c. 722
(Housing Bill of Rights)
N/A
Amendments to Section 18
:
September 28, 1990
Emergency Regulations
Amendments to Sections 30.5.2 and 35.9
:
January 1, 1992
1.3.1 521 CMR will become effective on July 27, 2006. In the interim, one has the option of complying with either the previous regulations in their entirety or these regulations in its entirety, not a combination of both. The decision of which regulations will be followed must be made before applying for a building permit.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 2 - Purpose and Scope › Section 2.2 - INTENT

Current through Register 1525, July 5, 2024
It is the intent of 521 CMR to provide
persons with disabilities
full, free and safe use of all
buildings
and facilities so that all such persons may have the educational, living and recreational opportunities necessary to be as self-sufficient as possible and to assume full responsibilities as citizens.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 2 - Purpose and Scope › Section 2.3 - VIOLATIONS

Current through Register 1525, July 5, 2024
521 CMR is deemed to be a specialized code as referred to in M.G.L. c. 143, § 96, the violation of which shall constitute gross negligence for the purpose of M.G.L. c. 112, § 60G, clause (d), and shall be subject to the additional powers granted to the
Board
by M.G.L. c. 22, § 13A.
2.3.1 The
Board
shall receive complaints of non-compliance with any rule or regulation from any person or may receive complaints initiated by its own staff. If the
Board
finds, after notice and opportunity for a hearing, that any person is not in compliance with any rule or regulation, it may issue an order to compel such compliance. Such order may specify the date and the manner by which such person shall cure the noncompliance found by the Board and may require that pending the cure of such noncompliance a performance bond be furnished, payable to the Commonwealth, in such penal sum as the
Board
finds reasonable.
2.3.2 In the event that a person fails to cure such noncompliance by the date specified in the
Board's
order, the
Board
shall be empowered,
after further hearing
, to impose a fine payable to the Commonwealth not to exceed $1,000 per day per violation for each day of noncompliance that the
Board
finds was without justification.
2.3.3 The
Board
shall also have the power, if it determines that such failure to cure noncompliance is without justification, to bring a complaint before any appropriate licensing or permit granting authority against the license or permit of such person.
2.3.4 The
Board
shall have the authority to issue subpoenas.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 2 - Purpose and Scope › Section 2.4 - GENERAL CONVENTIONS

Current through Register 1525, July 5, 2024
The following conventions apply when using 521 CMR:
2.4.1 Graphic and other illustrations are provided in 521 CMR to illustrate a solution only. They are not to be taken as the best solution or the only solution, but are provided to clarify the intent of the written regulations. The written word always prevails.
2.4.2 Graphic conventions are shown in
Figure 2a
. Dimensions that are not marked minimum or maximum shall comply with
521 CMR 2.4.4
, unless otherwise noted in the text or captions.
Click to view
				image
2.4.3 Words italicized in the text indicate that a definition of that word is provided in
521 CMR 5.00: DEFINITIONS
.
2.4.4 Tolerances on all dimensions, unless otherwise noted, shall not exceed the following:
a. Dimensions between zero and two inches, (0" and 2" = 0mm and 51mm) inclusive, shall have a maximum tolerance of plus or minus one-eighth inch (1/8" = 3mm).
b. Dimensions more than two inches and less than 36 inches (>2" and <36" = >51mm and <914mm) shall have a maximum tolerance of plus or minus one-half inch (½" =13mm).
c. Dimensions 36 inches or greater (36" or > = 914mm or >) shall have a maximum tolerance of plus or minus one inch (1" = 25mm).
d. Slopes may not exceed maximums. Slopes shall be measured in two-foot increments.
Note
: Tolerances do not apply to minimums or maximums.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 2 - Purpose and Scope › Section 2.5 - REASONABLE MODIFICATIONS

Current through Register 1525, July 5, 2024
Reasonable modifications
to
public use
and
common use
spaces in a
multiple dwelling
must comply with 521 CMR.
Reasonable modifications
to an individual unit do not need to comply with 521 CMR.
2.5.1 Departures from particular technical and scoping requirements of 521 CMR by the use of other designs and technologies are permitted without a variance, where the alternative designs and technologies used will provide substantially equivalent or greater access and usability of the facility.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 2 - Purpose and Scope › Section 2.6 - MAINTENANCE OF ACCESS FEATURES

Current through Register 1525, July 5, 2024
At all times, accessibility features must be maintained and fully operational. (
i.e
. access aisles kept clear at all times, mechanical devices be kept in operating condition,
etc
.).
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 3 - Jurisdiction › Section 3.1 - SCOPE

Current through Register 1525, July 5, 2024
All work performed
on public buildings or facilities (see
521 CMR 5.00: DEFINITIONS
), including
construction, reconstruction, alterations, remodeling, additions,
and
changes of use
shall conform to 521 CMR.
3.1.1 To determine the scope of compliance, refer to
521 CMR 3.2, New Construction
and
521 CMR 3.3, Existing Buildings
. In the absence of jurisdiction by 521 CMR, 780 CMR: the State Building Code may apply.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 3 - Jurisdiction › Section 3.3 - EXISTING BUILDINGS

Current through Register 1525, July 5, 2024
All
additions
to,
reconstruction, remodeling,
and
alterations
or
repairs of
exi
st
in
g public buildings or facilities,
which require a building permit or which are so defined by a state or local inspector, shall be governed by all applicable subsections in
521 CMR 3.00: JURISDICTION
.
For specific applicability of 521 CMR to existing multiple dwellings undergoing renovations, see
521 CMR 9.2.1
3.3.1 If the work being performed amounts to less than 30% of the
full and fair cash value
of the
building
and
a. if the work costs less than $100,000, then only the work being performed is required to comply with 521 CMR or
b. if the work costs $100,000 or more, then the work being performed is required to comply with 521 CMR. In addition, an
accessible
public
entrance
and an
accessible
toilet room, telephone, drinking fountain (if toilets, telephones and drinking fountains are provided) shall also be provided in compliance with 521 CMR.
Exception: General maintenance and on-going upkeep of existing, underground transit facilities will not trigger the requirement for an
accessible entrance
and toilet unless the cost of the work exceeds $500,000 or unless work is being performed on the
entrance
or toilet.
Exception: Whether performed alone or in combination with each other, the following types of
alterations
are not subject to
521 CMR 3.3.1
, unless the cost of the work exceeds $500,000 or unless work is being performed on the entrance or toilet. (When performing exempted work, a memo stating the exempted work and its costs must be filed with the permit application or a separate building permit must be obtained.)
a. Curb Cuts: The construction of
curb cuts
shall comply with
521 CMR 21.00: CURB CUTS.
b.
Alteration
work which is limited solely to electrical mechanical, or plumbing systems; to abatement of hazardous materials; or retrofit of automatic sprinklers
and
does not involve the
alteration
of any
elements
or
spaces
required to be
accessible
under 521 CMR. Where electrical outlets and controls are altered, they must comply with 521 CMR.
c. Roof repair or replacement, window repair or replacement, repointing and masonry repair work.
d. Work relating to septic system repairs, (including Title V, 310 CMR 15.00, improvements) site utilities and landscaping.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 3 - Jurisdiction › Section 3.4 - CHANGE IN USE

Current through Register 1525, July 5, 2024
When the use of a
building
changes from a private use to one that is open to and used by the public, an
accessible entrance
must be provided, even if no work is being performed. When a portion of a
building
changes use from a private use to one that is open to an used by the public, then an
accessible route
must be provided from an
accessible entrance
even if no work is being performed.
3.4.1 RESERVED FOR FUTURE ACTION: Changes in use, from private to public, in private residential homes where no work is being performed.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 3 - Jurisdiction › Section 3.5 - WORK PERFORMED OVER TIME

Current through Register 1525, July 5, 2024
When the work performed on a
building
is divided into separate phases or projects or is under separate
building
permits, the total cost of such work in any 36 month period shall be added together in applying
521 CMR 3.3, Existing Buildings
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 3 - Jurisdiction › Section 3.6 - MULTIPLE USES

Current through Register 1525, July 5, 2024
When a
building
is occupied by two or more uses, the Regulations which apply to each use shall apply to such parts of the
building
within that
use.
3.6.1
521 CMR 3.3, Existing Buildings
shall apply based upon each
use
and not on the entire
building.
Example: If a three story
building
valued at $300,000 has one floor of retail
use
and two floors of residential
use
, the
full and fair cash value
of the retail portion shall be a of the total value which would be $100,000.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 3 - Jurisdiction › Section 3.7 - PARTIAL APPLICATION

Current through Register 1525, July 5, 2024
When only a portion of a
building is
subject to 521 CMR,
the full and fair cash value
shall be prorated by the ratio of the square footage of that portion to the square footage of the whole
building.
Example: Where the whole
building
is 100,000 square feet, the
full and fair cash value
is $1,000,000, and the part subject to 521 CMR is 10,000 square feet (one-tenth of the total), then the
full and fair cash value
of the part subject to 521 CMR would be one-tenth of $1,000,000 or $100,000.
3.7.1 If the
Board
determines that such proration would cause an inequitable result, the
Board
may otherwise calculate
the full and fair cash value
of the portion of the
building.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 3 - Jurisdiction › Section 3.8 - OUTDOOR FACILITIES

Current through Register 1525, July 5, 2024
For facilities where the
primary function areas
are outdoors, including but not limited to beaches, parks, picnic areas, playgrounds, and campsites,
the full and fair cash value
shall include the value oft he land as well as any
buildings or facilities
on the land.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 3 - Jurisdiction › Section 3.9 - HISTORIC BUILDINGS

Current through Register 1525, July 5, 2024
An historic
building or facility
that is listed or is eligible for listing in the National or State Register of Historic Places or is designated as historic under appropriate state or local laws may be granted a
variance
by the
Board
to allow alternate accessibility. If a variance is requested on the basis of historical significance, then consultation with the Massachusetts Historical Commission is required in order to determine whether a building or facility is eligible for listing or listed in the National or State Register of Historic Places. The Massachusetts Historical Commission may request a copy of the proposed variance request and supporting documentation to substantiate the variance request and its effect on historic resources. A written statement from the Massachusetts Historical Commission is required with the application for variance.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 3 - Jurisdiction › Section 3.10 - TEMPORARY STRUCTURES

Current through Register 1525, July 5, 2024
Temporary
buildings or facilities,
including but not limited to reviewing stands, temporary classrooms, bleacher areas, exhibit areas, temporary banking facilities, temporary health screening services, or temporary pedestrian passageways around a
construction site
, shall comply with 521 CMR. Structures,
sites
and equipment directly associated with the actual processes
o
f
construction,
such as scaffolding, bridging, materials hoists, or
construction
trailers, need not apply.
3.10.1 Effective February 15, 2012, temporary overnight shelters, as defined in 780 CMR:
The Massachusetts State Building Code,
shall provide at a minimum an
accessible entrance
and an
accessible
toilet room in compliance with 521 CMR 25.00:
Entrances
and
30.00: Public Toilet Rooms,
regardless of whether other work is performed or change of use occurs.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 3 - Jurisdiction › Section 3.12 - NON-OCCUPIABLE SPACES

Current through Register 1525, July 5, 2024
Spaces accessed only by ladders, catwalks, crawl spaces, or freight (non-passenger) elevators, and frequented only by service personnel for repair purposes, are exempt. Such spaces may include, but are not limited to, elevator pits, elevator penthouses, piping or equipment catwalks.