reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 115 - Appendices › Appendix J - Grading › Section J103 - PERMITS REQUIRED › Subsection J103.2 - Exemptions

Current through Register 1525, July 5, 2024
A grading
permit
shall not be required
					 for the following:
1. Grading in an
				  isolated, self-contained area, provided there is no danger to the public, and
				  that such grading will not adversely affect adjoining properties.
2. Excavation for construction of a structure
				  permitted under this code.
3.
				  Cemetery graves.
4. Refuse disposal
				  sites controlled by other regulations.
5. Excavations for wells, or trenches for
				  utilities.
6. Mining, quarrying,
				  excavating, processing or stockpiling rock, sand, gravel, aggregate or clay
				  controlled by other regulations, provided such operations do not affect the
				  lateral support of, or significantly increase stresses in, soil on adjoining
				  properties.
7. Exploratory
				  excavations performed under the direction of a registered design professional.
Exemption from the permit requirements of this appendix
					 shall not be deemed to grant authorization for any work to be done in any
					 manner in violation of the provisions of this code or any other laws or
					 ordinances of this jurisdiction.
Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 115 - Appendices › Appendix J - Grading › Section J104 - PERMIT APPLICATION AND SUBMITTALS › Subsection J104.1 - Submittal requirements

Current through Register 1525, July 5, 2024
In addition to the provisions of Section 105.3, the
					 applicant shall state the estimated quantities of excavation and
					 fill.
Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 115 - Appendices › Appendix J - Grading › Section J104 - PERMIT APPLICATION AND SUBMITTALS › Subsection J104.2 - Site plan requirements

Current through Register 1525, July 5, 2024
In addition to the provisions of Section 107, a grading
					 plan shall show the existing grade and finished grade in contour intervals of
					 sufficient clarity to indicate the nature and extent of the work and show in
					 detail that it complies with the requirements of this code. The plans shall
					 show the existing grade on adjoining properties in sufficient detail to
					 identify how grade changes will conform to the requirements of this
					 code.
Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 115 - Appendices › Appendix J - Grading › Section J104 - PERMIT APPLICATION AND SUBMITTALS › Subsection J104.3 - Geotechnical report

Current through Register 1525, July 5, 2024
A geotechnical report prepared by a
registered
					 design professional
shall be provided. The report shall contain at
					 least the following:
1. The nature and
				  distribution of existing soils;
2.
				  Conclusions and recommendations for grading procedures;
3. Soil design criteria for any structures or
				  embankments required to accomplish the proposed grading; and
4. Where necessary, slope stability studies,
				  and recommendations and conclusions regarding site geology.
Exception:
A geotechnical report is not
					 required where the building code official determines that the nature of the
					 work applied for is such that a report is not necessary.
Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 115 - Appendices › Appendix J - Grading › Section J104 - PERMIT APPLICATION AND SUBMITTALS › Subsection J104.4 - Liquefaction study

Current through Register 1525, July 5, 2024
For sites with mapped maximum considered earthquake
					 spectral response accelerations at short periods
					 (
S
s) greater than 0.5g as determined by
					 Section 1613, a study of the liquefaction potential of the site shall be
					 provided, and the recommendations incorporated in the plans.
Exception:
A liquefaction study is not
					 required where the building official determines from established local data
					 that the liquefaction potential is low.
Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 115 - Appendices › Appendix J - Grading › Section J105 - INSPECTIONS › Subsection J105.2 - Special inspections

Current through Register 1525, July 5, 2024
The special inspection requirements of Section 1704.7
					 shall apply to work performed under a grading permit where required by the
building official
.
Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 115 - Appendices › Appendix J - Grading › Section J106 - EXCAVATIONS › Subsection J106.1 - Maximum slope

Current through Register 1525, July 5, 2024
The slope of cut surfaces shall be no steeper than is safe
					 for the intended use, and shall be no steeper than two units horizontal to one
					 unit vertical (50-percent slope) unless the owner or authorized agent furnishes
					 a geotechnical report justifying a steeper slope.
Exceptions:
1. A cut surface shall be permitted to be at
				  a slope of 1.5 units horizontal to one unit vertical (67-percent slope)
				  provided that all of the following are met:
1.1. It is not intended to support structures
				  or surcharges.
1.2. It is
				  adequately protected against erosion.
1.3. It is no more than 8 feet (2438 mm) in
				  height.
1.4. It is approved by the
				  building code official.
1.5. Ground
				  water is not encountered.
Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 115 - Appendices › Appendix J - Grading › Section J107 - FILLS › Subsection J107.2 - Surface preparation

Current through Register 1525, July 5, 2024
The ground surface shall be prepared to receive fill by
					 removing vegetation, topsoil and other unsuitable materials, and scarifying the
					 ground to provide a bond with the fill material.
Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 115 - Appendices › Appendix J - Grading › Section J107 - FILLS › Subsection J107.3 - Benching

Current through Register 1525, July 5, 2024
Where existing grade is at a slope steeper than five units
					 horizontal to one unit vertical (20-percent slope) and the depth of the fill
					 exceeds 5 feet (1524 mm) benching shall be provided in accordance with Figure
					 J107.3. A key shall be provided which is at least 10 feet (3048 mm) in width
					 and 2 feet (610 mm) in depth.
Click to view
								image
For SI: 1 foot = 304.8 mm.
FIGURE J107.3 BENCHING
					 DETAILS
Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 115 - Appendices › Appendix J - Grading › Section J107 - FILLS › Subsection J107.4 - Fill material

Current through Register 1525, July 5, 2024
Fill material shall not include organic, frozen or other
					 deleterious materials. No rock or similar irreducible material greater than 12
					 inches (305 mm) in any dimension shall be included in fills.
Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 115 - Appendices › Appendix J - Grading › Section J107 - FILLS › Subsection J107.5 - Compaction

Current through Register 1525, July 5, 2024
All fill material shall be compacted to 90 percent of
					 maximum density as determined by ASTM D 1557, Modified Proctor, in lifts not
					 exceeding 12 inches (305 mm) in depth.
Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 115 - Appendices › Appendix J - Grading › Section J107 - FILLS › Subsection J107.6 - Maximum slope

Current through Register 1525, July 5, 2024
The slope of fill surfaces shall be no steeper than is
					 safe for the intended use. Fill slopes steeper than two units horizontal to one
					 unit vertical (50-percent slope) shall be justified by a geotechnical report or
					 engineering data.
Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 115 - Appendices › Appendix J - Grading › Section J108 - SETBACKS › Subsection J108.1 - General

Current through Register 1525, July 5, 2024
Cut and fill slopes shall be set back from the property
					 lines in accordance with this section. Setback dimensions shall be measured
					 perpendicular to the property line and shall be as shown in Figure J108.1,
					 unless substantiating data is submitted justifying reduced setbacks.
Click to view
								image
For SI: 1 foot = 304.8 mm.
FIGURE J108.1 DRAINAGE
					 DIMENSIONS
Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 115 - Appendices › Appendix J - Grading › Section J108 - SETBACKS › Subsection J108.2 - Top of slope

Current through Register 1525, July 5, 2024
The setback at the top of a cut slope shall not be less
					 than that shown in Figure J108.1, or than is required to accommodate any
					 required interceptor drains, whichever is greater.
Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 115 - Appendices › Appendix J - Grading › Section J108 - SETBACKS › Subsection J108.3 - Slope protection

Current through Register 1525, July 5, 2024
Where required to protect adjacent properties at the toe
					 of a slope from adverse effects of the grading, additional protection, approved
					 by the
building official
, shall be included. Such protection
					 may include but shall not be limited to:
1. Setbacks greater than those required by
				  Figure J108.1.
2. Provisions for
				  retaining walls or similar construction.
3. Erosion protection of the fill
				  slopes.
4. Provision for the
				  control of surface waters.
Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 115 - Appendices › Appendix J - Grading › Section J109 - DRAINAGE AND TERRACING › Subsection J109.1 - General

Current through Register 1525, July 5, 2024
Unless otherwise recommended by a
registered
					 design professional
, drainage facilities and terracing shall be
					 provided in accordance with the requirements of this section.
Exception:
Drainage facilities and terracing
					 need not be provided where the ground slope is not steeper than 3 horizontal to
					 1 vertical (33 percent).
Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 115 - Appendices › Appendix J - Grading › Section J109 - DRAINAGE AND TERRACING › Subsection J109.2 - Terraces

Current through Register 1525, July 5, 2024
Terraces at least 6 feet (1829 mm) in width shall be
					 established at not more than 30-foot (9144 mm) vertical intervals on all cut or
					 fill slopes to control surface drainage and debris. Suitable access shall be
					 provided to allow for cleaning and maintenance.
Where more than two terraces are required, one terrace,
					 located at approximately mid-height, shall be at least 12 feet (3658 mm) in
					 width.
Swales or ditches shall be provided on terraces. They shall
					 have a minimum gradient of 20 horizontal to 1 vertical (5 percent) and shall be
					 paved with concrete not less than 3 inches (76 mm) in thickness, or with other
					 materials suitable to the application. They shall have a minimum depth of 12
					 inches (305 mm) and a minimum width of 5 feet (1524 mm).
A single run of swale or ditch shall not collect runoff
					 from a tributary area exceeding 13,500 square feet (1256
					 m2) (projected) without discharging into a down
					 drain.
Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 115 - Appendices › Appendix J - Grading › Section J109 - DRAINAGE AND TERRACING › Subsection J109.3 - Interceptor drains

Current through Register 1525, July 5, 2024
Interceptor drains shall be installed along the top of cut
					 slopes receiving drainage from a tributary width greater than 40 feet (12 192
					 mm), measured horizontally. They shall have a minimum depth of 1 foot (305 mm)
					 and a minimum width of 3 feet (915 mm). The slope shall be approved by the
building official
, but shall not be less than 50 horizontal to
					 1 vertical (2 percent). The drain shall be paved with concrete not less than 3
					 inches (76 mm) in thickness, or by other materials suitable to the application.
					 Discharge from the drain shall be accomplished in a manner to prevent erosion
					 and shall be approved by the building official.
Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 115 - Appendices › Appendix J - Grading › Section J109 - DRAINAGE AND TERRACING › Subsection J109.4 - Drainage across property lines

Current through Register 1525, July 5, 2024
Drainage across property lines shall not exceed that which
					 existed prior to grading. Excess or concentrated drainage shall be contained on
					 site or directed to an approved drainage facility. Erosion of the ground in the
					 area of discharge shall be prevented by installation of nonerosive down drains
					 or other devices.
Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 115 - Appendices › Appendix J - Grading › Section J110 - EROSION CONTROL › Subsection J110.1 - General

Current through Register 1525, July 5, 2024
The faces of cut and fill slopes shall be prepared and
					 maintained to control erosion. This control shall be permitted to consist of
					 effective planting.
Exception:
Erosion control measures need not
					 be provided on cut slopes not subject to erosion due to the erosion-resistant
					 character of the materials.
Erosion control for the slopes shall be installed as soon
					 as practicable and prior to calling for final inspection.
Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 115 - Appendices › Appendix J - Grading › Section J110 - EROSION CONTROL › Subsection J110.2 - Other devices

Current through Register 1525, July 5, 2024
Where necessary, check dams, cribbing, riprap or other
					 devices or methods shall be employed to control erosion and provide
					 safety.
Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 115 - Appendices › Appendix J - Grading › Section J111 - REFERENCED STANDARDS

Current through Register 1525, July 5, 2024
ASTM D
1557-e01
Test Method for Laboratory
Compaction
								Characteristics
of Soil Using Modified Effort
[56,000
								ft-lb/ft3 (2,700kN-m/m3)].
J107.6
Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 115 - Appendices › Appendix AA - Stretch Energy Code › Section AA101 - Purpose and Adoption

Current through Register 1525, July 5, 2024
The purpose of the stretch energy code is to provide a more
				  energy efficient code alternative for new buildings. The stretch energy code
				  may be adopted or rescinded by any municipality in the commonwealth in the
				  manner prescribed by law.
Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 115 - Appendices › Appendix AA - Stretch Energy Code › Section AA102 - Applicability

Current through Register 1525, July 5, 2024
Municipalities that have adopted the stretch energy code
				  shall use the energy efficiency requirements of this appendix as provided
				  below. These requirements replace all previous stretch energy code
				  requirements.
Concurrency
. Applications for building permits
				  and related construction and other documents filed through January 1, 2017, may
				  comply either with 780 CMR 13.00:
Energy Efficiency
, 51.00:
Massachusetts Residential Code
and 115.00:
Appendix
				  AA
effective August 12, 2016, or with the versions of those provisions
				  in effect immediately prior to August 12, 2016, but not a mix of both. After
				  January 1, 2017, concurrency with the prior versions ends, and all applications
				  for building permits and related construction and other documents shall comply
				  with the amended provisions only.
Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 115 - Appendices › Appendix AA - Stretch Energy Code › Section AA103 - NEW BUILDINGS › Subsection AA103.1 - R-use Buildings

Current through Register 1525, July 5, 2024
In all R-use buildings, of four stories or less above
					 grade plane with one or more dwelling units, each dwelling unit shall comply
					 with IECC 2018 section R406 of 780 CMR 51.00:
Massachusetts Residential
					 Code
.
Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 115 - Appendices › Appendix AA - Stretch Energy Code › Section AA103 - NEW BUILDINGS › Subsection AA103.2 - Large Area and High Energy Use Buildings

Current through Register 1525, July 5, 2024
All buildings over 100,000 ft2,
					 and new supermarkets, laboratories and conditioned warehouses over 40,000
					 ft2 shall comply with 780 CMR 13.00:
Energy
					 Efficiency
and shall demonstrate energy use per square foot at least
					 10% below the energy requirements of ANSI/ASHRAE/IESNA 90.1 APPENDIX G-2013
					 Performance Rating Method on either a site or source energy basis. The
					 additional Efficiency Package Options selected per C406.1 shall be included in
					 calculating the baseline building performance value.
Exception
: Exclusively R-use buildings
					 complying with AA103.1 dwelling unit requirements.
Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 115 - Appendices › Appendix AA - Stretch Energy Code › Section AA103 - NEW BUILDINGS › Subsection AA103.3 - Other New Buildings

Current through Register 1525, July 5, 2024
New buildings not covered in AA103.1 and AA103.2 shall
					 comply with 780 CMR 13.00:
Energy Efficiency
or Chapter 11 of
					 780 CMR 51.00:
Massachusetts Residential Code
as applicable
					 based on the use and occupancy of the building.
Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 115 - Appendices › Appendix AA - Stretch Energy Code › Section AA104 - EXISTING BUILDINGS

Current through Register 1525, July 5, 2024
For alterations, renovations, additions or repairs of
				  existing buildings in these municipalities, the energy efficiency requirements
				  of 780 CMR 13.00:
Energy Efficiency
or Chapter 11 of 780 CMR
				  51.00:
Massachusetts Residential Code
shall be used as
				  applicable based on the use and occupancy of the building.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 1.00 - Standard Adjudicatory Rules Of Practice And Procedure › Section 1.01 - Formal Rules

Current through Register 1525, July 5, 2024
(1)
Preamble
. 801 CMR 1.01 of the Standard Rules of
			 Adjudicatory Practice and Procedure is a self-contained segregable body of
			 regulations of general applicability for proceedings in which formal rules are
			 desired. An Agency must determine for any class of hearing whether to hold
			 hearings under 801 CMR 1.01 or
			 801 CMR
			 1.02 Informal/ Fair Hearing Rules. Agencies
			 shall determine based on such factors as: the volume of cases held; whether
			 claimants are represented by counsel; the complexity of the issues; or the
			 applicability of Federal fair hearings procedures. All notices from which an
			 Adjudicatory Proceeding can be claimed shall state which rules apply, whether
			 formal under 801 CMR 1.01, or informal under
			 801 CMR
			 1.02. In addition, all notices shall contain
			 a notice printed in English, Spanish, Portuguese, Italian, Greek, French and
			 Chinese that informs the reader that the document is important and should be
			 translated immediately.
(2)
Scope, Construction and Definitions
.
(a)
Scope
801 CMR 1.00 governs the
			 conduct of formal Adjudicatory Proceedings of all Commonwealth agencies
			 governed by M.G.L. c. 30A.
(b)
			 Construction.
			 801 CMR 1.00 shall be
			 construed to secure a just and speedy determination of every
			 proceeding.
(c)
Definitions
. Refer to all definitions included in
			 M.G.L. c 30A. In addition, the following words when used in 801 CMR 1.01 shall
			 have the following meanings:
Authorized Representative
. An
				attorney, legal guardian or other person authorized by a Party to represent him
				in an Adjudicatory Proceeding.
Electronic Medium
. Any device used to
				transmit information electronically, including but not limited to facsimile and
				e-mail.
Hand Delivery
. Delivery by any method
				other than pre-paid U.S. mail, including but not limited to private mail
				services.
Petitioner
The Party or Agency who
				initiates an Adjudicatory Proceeding.
Presiding Officer
The individual(s)
				authorized by law or designated by the Agency to conduct an Adjudicatory
				Proceeding.
Respondent
. The Party or Agency who
				must answer in an Adjudicatory Proceeding.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 1.00 - Standard Adjudicatory Rules Of Practice And Procedure › Section 1.03 - Miscellaneous Provisions Applicable to All Adjudicatory Proceedings

Current through Register 1525, July 5, 2024
(1)
Preamble
. 801 CMR 1.03 is applicable to all
			 proceedings held under
			 801 CMR 1.01 and
			 1.02.
(2)
Amendments
. The
			 Secretary of Administration and Finance may adopt any appropriate amendments
			 and additions to
			 801 CMR 1.00 in accordance
			 with M.G.L c. 30A, § 9. Any Agency may make application to the Secretary
			 of Administration and Finance for amendments to
			 801 CMR 1.00.
(3)
Severability
. If
			 any rule contained herein is found to be unconstitutional or invalid by a Court
			 of competent jurisdiction, the validity of the remaining rules will not be so
			 affected.
(4)
Exemptions
. Any agency wishing to be exempted from
			 801 CMR 1.00 shall apply for
			 exemption to the Secretary of Administration and Finance.
(5)
Conflicts
. No
			 Presiding Officer who has a direct or indirect interest, personal involvement
			 or bias in an Adjudicatory Proceeding shall conduct a hearing or participate in
			 decision-making for the relevant Adjudicatory Proceeding.
(6)
Ex Parte
Communications
.
(a)
General
			 Provisions
. In any Adjudicatory Proceeding:
1. Any member of the body comprising the
			 Agency, Presiding Officer, or other Agency employee who is or may reasonably be
			 expected to be involved in the decisional process of the Adjudicatory
			 Proceeding:
a. shall not make or receive an
ex parte
communication to or from any interested person
			 outside the Agency relevant to the merits of the Adjudicatory Proceeding;
			 and
b. shall place on the public
			 record of the Adjudicatory Proceeding:
i. all
			 prohibited written communications made or received;
ii. memoranda stating the substance of all
			 prohibited oral communications made or received;
iii. all written responses, and memoranda
			 stating the substance of all oral responses, to the materials described in 801
			 CMR 1.03(6)(a)1.b.i. and .ii.; and
iv. a statement whether, in his or her
			 opinion, the receipt of the
ex parte
communication
			 disqualifies him or her from further participation in the Adjudicatory
			 Proceeding, pursuant to
			 801
			 CMR 1.04(5).
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 1.00 - Standard Adjudicatory Rules Of Practice And Procedure › Section 1.04 - Conduct of Mediation at the Division of Administrative Law Appeals

Current through Register 1525, July 5, 2024
(1)
Preamble
. On cases appealed to the Division of
			 Administrative Law Appeals, or assigned to the Division of Administrative Law
			 Appeals for hearing, the case may be assigned to mediation at the request of
			 any Party. Any Party may decline assignment to mediation.
(2)
Definitions
.
			 Refer to all definitions included in M.G.L. c. 30A and in
			 801 CMR 1.01 and
			 1.02.
			 In addition, MODR shall mean the Massachusetts Office of Dispute
			 Resolution.
(3)
Mediation Referral
.
(a)
Internal
			 Mediation
. DALA shall supply the Parties with a list containing
			 not less than three DALA administrative magistrates as suggested mediators.
			 Each Party may strike one administrative magistrate from the list, and DALA
			 will not assign any administrative magistrate who has been stricken from the
			 list to conduct the mediation. DALA shall notify the parties of the assigned
			 mediator. The mediator shall, within ten days of assignment, schedule a
			 mediation at a convenient time and location.
(b)
External
			 Mediation
. By decision of DALA or by agreement between the parties
			 in
lieu
of or following an internal mediation, a case can be
			 referred to the Massachusetts Office of Dispute Resolution (MODR) for mediation
			 or other dispute resolution service. MODR will supply the parties with a list
			 of three suggested mediators. Each Party shall indicate to MODR their order of
			 preference and MODR will coordinate the selection of the mediator and the
			 mediation process. The Massachusetts Office of Dispute Resolution will work
			 with the Department of Administrative Law Appeals to develop criteria for
			 referrals, screening and fee policy.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 3.00 - Privacy And Confidentiality › Section 3.01 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Scope and Purpose
. Except where otherwise provided by
			 law or judicial order,
			 801
			 CMR 3.00 shall apply to the collection, maintenance,
			 and dissemination of personal data. Consistent with M.G.L. c. 66A, § 1,
			 801
			 CMR 3.00 shall not apply to:
(a) Criminal offender record information as
			 defined in M.G.L. c. 6, § 167;
(b) Intelligence or evaluative information as
			 defined in M.G.L. c. 6, § 167; or
(c) Any information contained in a public
			 record as defined in M.G.L. c. 4, § 7.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 3.00 - Privacy And Confidentiality › Section 3.02 - Administration of Personal Data

Current through Register 1525, July 5, 2024
(1)
General Rules
.
(a)
			 Each holder shall designate an information officer who shall serve as the
			 responsible person for each personal data system maintained by the holder. The
			 holder shall ensure that the requirements for preventing unauthorized access to
			 or dissemination of personal data, as set out in M.G.L. c. 66A, are followed. A
			 single employee may serve as the responsible person for more than one personal
			 data system.
(b) Each holder shall
			 inform each of its employees having any responsibility or function involving
			 the design, development, operation, or maintenance of a personal data system,
			 or the use of any personal data contained therein, of the provisions of
			 801
			 CMR 3.00 and any other regulations promulgated under
			 M.G.L. c. 66A, the safeguards of M.G.L. c. 66A pertaining to the operation of
			 the personal data system, and the civil remedies available to individuals whose
			 rights under M.G.L. c. 66A are allegedly violated.
(c) Each holder shall not collect or maintain
			 more personal data than is reasonably necessary for the performance of the
			 holder's statutory functions. The holder shall permit only those employees
			 whose duties reasonably require access to have access to personal
			 data.
(d) Each holder shall take
			 reasonable precautions to protect personal data from dangers of fire, identity
			 theft, theft, flood, natural disaster, or other physical threat.
(e) Each holder shall maintain personal data
			 with such accuracy, completeness, timeliness, pertinence and relevance as is
			 necessary to assure fair determination of a data subject's qualifications,
			 character, rights, opportunities, or benefits when such determinations are
			 based upon such data.
(f) Holders
			 may enter into contracts to hold personal data but no such contract shall
			 relieve the holder of its obligations under M.G.L. c. 66A or
			 801
			 CMR 3.00. Every such contract shall include such
			 provisions as are necessary to ensure compliance with M.G.L. c. 66A and
			 801
			 CMR 3.00.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 3.00 - Privacy And Confidentiality › Section 3.04 - Objections and Administrative Appeals

Current through Register 1525, July 5, 2024
(1)
Objections
. A
			 data subject, his or her attorney, parent or legal guardian, or other
			 representative authorized in writing by the data subject may object to the
			 accuracy, completeness, pertinence, timeliness, relevance or dissemination of
			 personal data pertaining to the data subject, or the denial of access to such
			 data maintained in a personal data system. Such individual may file an
			 objection with the information officer in charge of the personal data system or
			 another designated person within the agency. If the information officer or
			 agency designee is unavailable, the data subject or his or her representative
			 may make the objection to the agency head.
(2)
Responsibilities of Holder
			 Pursuant to Objections
. Upon receiving a data subject's objection,
			 the information officer or agency designee shall investigate the validity of
			 the objection within 30 days of receipt of the objection.
(a) If the data subject or his or her
			 representative requests that the personal data be corrected or amended, or
			 requests any other change with respect to the personal data, and there is no
			 disagreement concerning the change to be made, the information officer or
			 agency designee shall cause such change to be made.
(b) If the information officer or agency
			 designee determines that the objection lacks merit, he or she shall provide the
			 data subject an opportunity to provide a statement reflecting the data
			 subject's position regarding the data and shall include the statement with the
			 personal data and with any subsequent disclosure or dissemination of the data
			 in question.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 3.00 - Privacy And Confidentiality › Section 3.05 - Access by the Office of the Attorney General

Current through Register 1525, July 5, 2024
Whenever a data subject files or threatens to file a claim
				against an agency, or against any employee or officer of the agency concerning
				a matter within the scope of his or her official duties or employment, any
				personal data held by that agency that concerns the data subject and is
				relevant to the determination of issues in dispute may be provided to the
				Office of the Attorney General upon written request.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 3.00 - Privacy And Confidentiality › Section 3.06 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				801
				CMR 3.00 or the application of any such provision to
				any person or circumstance is held to be invalid, illegal, or unenforceable,
				the validity, legality, or enforceability of the remainder of
				801
				CMR 3.00 and the application of the subject provision
				to other persons or circumstances shall not be affected or impaired
				thereby.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 4.00 - Rates › Section 4.04 - Rental Charge for Space Used in State Buildings

Current through Register 1525, July 5, 2024
Table 1.
Space Rented to any Person for Private Purposes or Gain (Areas
				Used for Office, Administrative, Conference Purposes, etc.)
Annual Charge
Per
							 Sq.Ft.
Buildings:
1 to 10 years old
$12.00
Buildings:
10 to 20 years old
10.00
Buildings:
20 to 30 years old
9.75
Buildings:
30 to 50 years old
9.00
Buildings:
Over 50 years old
6.75
Cost of additional special services must be added to each of
				the buildings classified above.
It is further provided that, if any part of a project having a
				Federal Grant is performed in a state-owned building or elsewhere, the rent
				paid to the Commonwealth of Massachusetts shall be at the rate established by
				the Federal Funds Coordinator, Executive Office for Administration and
				Finance.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 4.00 - Rates › Section 4.05 - Fee Schedule - Laboratory Testing and Calibration Services

Current through Register 1525, July 5, 2024
TABLE 1.
(1) The
			 following is the fee schedule for laboratory testing and calibration of
			 weights, measures or instruments submitted to the Standards Laboratory of the
			 Division of Standards as provided for in M.G.L. c. 98, §46.
(a)
Weights
.
1. Tolerance Testing
Up to and including 2 lbs.
$2.00 each
Over 2 lbs. and including 50 lbs.
2.50 each
Up to and including 1 kilogram
2.00 each
Over 1 kilogram and including 30 Kg.
2.50 each
Tolerance testing reports will not indicate any value of error
				or direction of error and will only indicate whether the weights do or do not
				meet the classes of tolerances specified in National Bureau of Standards
				publications. If a request is made that weights be adjusted to meet the
				indicated tolerance, an additional charge of $1.00 per weight shall be made on
				those weights which are readily adjustable.
2. Apparent Mass Calibrations
Up to and including 2 lbs.
$3.00 each
Over 2 lbs. and including 50 lbs.
3.50 each
Up to and including 1 kilogram
3.00 each
Over 1 kilogram and including 30 Kg.
3.50 each
Apparent Mass calibration reports will indicate the apparent
				mass correction which may be applied in the use of the weight.
3. Volumetric Measures Glass Flasks and
							 Graduates
$10.00 each
Field Test Measures up to and including 5
							 Gallons
5.00 each
Field Test Measures over 5 Gallons
10.00 each
4. Steel Tapes
50 Feet or less
$10.00 each
Over 50 Feet and including 100 Feet
12.00 each
Over 100 Feet
15.00 each
All other work to be done at the rate of
$15.00 per hour.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 4.00 - Rates › Section 4.07 - Hazardous Waste Transporters Fee

Current through Register 1525, July 5, 2024
M.G.L. c. 21c, § 7 as amended by St. 1983, c. 7, § 4, requires the Commissioner of Administration and Finance in consultation with the Commissioner of the Department of Environmental Protection, to establish a fee to be paid by authorized transporters of hazardous wastes. To the extent practical, the fee is to generate monies equaling the unrecovered costs to the commonwealth on account of projects to assess, contain, and remove releases and threats of release of oil and hazardous materials. The fee shall be assessed and paid as follows:
(1) Except as provided in 801 CMR 4.07(2) through (8), effective August 1, 2003, each authorized transporter of hazardous wastes shall pay a fee of 22.75 cents per gallon or 2.275 cents per pound and effective July 1, 2004, 26.4 cents per gallon and 2.64 cents per pound upon each gallon or pound of materials manifested or logged for transport in Massachusetts by said transporter in accordance with 310 CMR 30.000:
Hazardous Waste
by the Department of Environmental Protection. For the purposes of the fee, quantities logged or manifested in units of measure other than gallons or pounds shall be converted into gallons or pounds using conversion factors provided by the Commissioner of the Department of Environmental Protection.
(2) In order to avoid the imposition of multiple fees on the transport of a single volume of waste, materials manifested for transport out of an authorized Massachusetts treatment, storage, and disposal facility shall not be subject to the fee prescribed in 801 CMR 4.07(1). However, for the purposes of this 801 CMR 4.07(2), the Commissioner of the Department of Environmental Protection may designate as authorized Massachusetts treatment, storage, and disposal facilities other facilities, whether within or outside the Commonwealth, maintained for the temporary storage and transfer of hazardous wastes. The Commissioner shall make such designation only if it is established to the satisfaction of said Commissioner:
(a) that such a designation will prevent the imposition of multiple fees on a single volume of waste, and will not result in the avoidance of fees on any wastes transported in the Commonwealth; and
(b) that materials generated at treatment, storage, and disposal facilities (for instance, wastes generated in connection with remedial or emergency response actions at the facility or in connection with the closure of the facility) will be subject to the fee, provided, however, that the Department of Environmental Protection may exempt wastes generated in small quantities incident to the ordinary operation of such a facility.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 4.00 - Rates › Section 4.08 - Returned Check Charge

Current through Register 1525, July 5, 2024
Handling charge for checks returned for insufficient
							 funds. Such charge shall apply against the payer of any check or other
							 negotiable instrument made payable to the Commonwealth of Massachusetts or any
							 agency thereof which is dishonored for insufficient funds, uncollected funds or
							 for any other reason.
$ 15.00
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 7.00 - Travel And Participation In Training Sessions Where Private Entities Provide Financing (repealed 11-11-11 Ma Reg#1195) See 930 Cmr 5.08(2) Addressing Same Subject In A More Streamlined Way

Current through Register 1525, July 5, 2024
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 21.00 - Procurement Commodities Or Services, Including Human And Social Services › Section 21.03 - Requests for Information or Interest (RFI)

Current through Register 1525, July 5, 2024
A Procuring Department may gather information to assist in the
				development of a potential Procurement by inviting other Departments, potential
				Bidders or other interested parties to provide technical and business advice
				concerning industry standards, practice, general cost or price structures or
				other information which is relevant to the type of Commodities or Services, or
				both, that a Procuring Department seeks to procure.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 21.00 - Procurement Commodities Or Services, Including Human And Social Services › Section 21.04 - Statewide Contracts

Current through Register 1525, July 5, 2024
OSD shall be the primary Procuring Department for Statewide
				Contracts unless OSD designates another Department to act as the Procuring
				Department for a Statewide Contract. OSD shall establish Statewide Contracts
				for Commodities or Services, or both, which shall be available to Departments
				and other entities authorized by OSD. Departments shall acquire Commodities or
				Services, or both, from available Statewide Contracts in accordance with
				policies and procedures issued by ANF, OSD and CTR.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 21.00 - Procurement Commodities Or Services, Including Human And Social Services › Section 21.07 - Contract Negotiation, Execution and Effective Start Date

Current through Register 1525, July 5, 2024
(1)
Contract and Contract Amendment Negotiation
. The
			 Department may negotiate with Selected Bidder(s) prior to execution of a
			 Contract, and with Contractors after a Contract has been executed, as follows:
(a) The language of the RFR shall determine
			 what elements of Contract performance or cost, within the scope of the original
			 RFR and a Bidder's or Contractor's Response, may be negotiated. If the RFR is
			 silent as to what can be negotiated, the Procuring Department and a Selected
			 Bidder or Contractor may negotiate only the details of performance identified
			 within the scope of the original RFR and the Bidder's or Contractor's Response,
			 and may not increase or change the scope of performance or costs.
(b) The Department and a Selected Bidder or
			 Contractor may negotiate additional language which clarifies their
			 understanding of, but does not change, the language of the Contract or Contract
			 performance identified within the scope of the original RFR and the Bidder's or
			 Contractor's Response.
(c)
			 Notwithstanding 801 CMR 21.07(1)(a), the Department and a Selected Bidder or
			 Contractor may negotiate a change in any element of Contract performance or
			 cost, identified in the original RFR or the Bidder's or Contractor's Response,
			 which results in lower costs or in a more cost effective or better value than
			 was presented in the Bidder's or Contractor's originally selected Best Value
			 Response.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 21.00 - Procurement Commodities Or Services, Including Human And Social Services › Section 21.08 - Contract Funding and Compensation

Current through Register 1525, July 5, 2024
(1) The
			 Contractor shall only be compensated for performance delivered to and accepted
			 by the Department in accordance with the specific terms and conditions of a
			 properly executed Contract. All Contract payments are subject to Available
			 Funding, as described in
			 801 CMR
			 21.06(2), and shall be
			 subject to automated intercept pursuant to M.G.L. c. 7A, § 3 and
			 815
			 CMR 9.00. Contract payments for Human and Social
			 Services are also subject to the provisions of
			 808 CMR 1.00. A Department
			 shall be under no legal obligation to compensate a Contractor, or to obtain
			 additional funding for any performance, costs or other commitments which are
			 made outside of the scope of a Contract.
(2)
Emergency and Exceptional
			 Circumstances
. Notwithstanding
			 801 CMR
			 21.07(2)(a) and (3) and 801
			 CMR 21.08(1), compensation for performance commenced prior to the contract
			 effective start date shall be allowable in unanticipated, rare emergency or
			 exceptional circumstances for the period from the date of the occurrence of
			 such circumstance until a Contract is executed, which shall be documented by
			 the Department as part of the Procurement File in accordance with policies and
			 procedures issued by ANF, OSD and CTR.
(3) Payments cannot be issued until a
			 properly executed Contract, with all requisite approvals, has been filed as
			 prescribed by the CTR.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 21.00 - Procurement Commodities Or Services, Including Human And Social Services › Section 21.09 - Quality Assurance

Current through Register 1525, July 5, 2024
ANF, OSD, and CTR shall establish policies and procedures for
				conducting reviews of Department compliance with
				801 CMR 21.00 and quality of
				Contractor performance.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 21.00 - Procurement Commodities Or Services, Including Human And Social Services › Section 21.10 - Integration

Current through Register 1525, July 5, 2024
801 CMR 21.00 shall be
				interpreted consistent with, and Procuring Departments shall comply with, state
				or federal general or special laws, regulations, executive orders and other
				authorities mandating additional requirements related to the procurement of
				Commodities and Services, including policies and procedures issued by ANF, OSD
				and CTR.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 21.00 - Procurement Commodities Or Services, Including Human And Social Services › Section 21.11 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				801 CMR 21.00 is declared or
				found to be illegal, unenforceable or void, then Departments, Bidders and
				Contractors shall be relieved of all obligations under that provision only, and
				all other provisions of
				801 CMR 21.00 shall remain in
				full force and effect.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 30.00 - Allocation Of State Ceiling On Volume Of Private Activity Bonds › Section 30.01 - Purpose and Authority

Current through Register 1525, July 5, 2024
801 CMR 30.00 is promulgated,
				pursuant to St. 1988, c. 211, to set forth the procedure to be followed by the
				Executive Office for Administration and Finance in allocating the Commonwealth
				of Massachusetts' state ceiling on the volume of private activity bonds, the
				interest on which is exempt from federal income taxes.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 30.00 - Allocation Of State Ceiling On Volume Of Private Activity Bonds › Section 30.02 - Definitions

Current through Register 1525, July 5, 2024
Unless otherwise provided, terms used in 801 CMR 30.00 shall have the meanings set forth in federal tax law. The following terms shall have the following meanings:
Annual State Ceiling
. The state ceiling for private activity bonds subject to allocation in any calendar year.
Department of Housing and Community Development
. The department headed by the Undersecretary for Housing and Community Development, established pursuant to M.G.L. c. 23B, § 1, for the purpose of,
inter alia
, advancing programs of open and adequate housing for all citizens of the Commonwealth.
Executive Office for Administration and Finance
. The executive office headed by the secretary of administration, established pursuant to M.G.L. c. 7, § 2, for the purpose of,
inter alia
, developing, coordinating, administering and controlling the financial policies and programs of the Commonwealth.
Massachusetts Development Finance Agency
. The body politic and corporate headed by a board of directors, established pursuant to the provisions of M.G.L. c. 23G, § 2, serving in its role as successor to the Massachusetts Industrial Finance Agency, as provided in M.G.L. c. 23G, § 2(j), for the purpose of,
inter alia
, borrowing money and issuing bonds for the purpose of financing industrial development facilities, pollution control facilities and waste disposal facilities.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 30.00 - Allocation Of State Ceiling On Volume Of Private Activity Bonds › Section 30.03 - Assignment to the Commonwealth of Massachusetts

Current through Register 1525, July 5, 2024
Pursuant to St. 1988, c. 211, § 2, all of Massachusetts'
				annual state ceiling is assigned to the Commonwealth of Massachusetts. The
				Executive Office for Administration and Finance ("A&F") shall at its
				discretion allocate any of such state ceiling to issuers within the state,
				including municipalities and issuers of student loan bonds, housing bonds and
				other private activity bonds requiring allocation. A&F may also reassign
				any of the annual state ceiling to the Department of Community Affairs ("DCA")
				or to the Massachusetts Industrial Finance Agency ("MIFA") for further
				allocation or carryforward. Any such reassignment shall be in writing and shall
				be subject to such conditions an A&F may specify, including the prior
				approval by A&F of guidelines issued by DCA and MIFA, and shall specify
				when and if such reassignment shall expire.