Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 110 - Special Regulations › Section 780 CMR 110.R7 - CERTIFICATION OF INSPECTORS OF BUILDINGS, BUILDING COMMISSIONERS AND LOCAL INSPECTORS

Current through Register 1525, July 5, 2024
(
Note: 780 CMR 110.R7 is unique to
				Massachusetts
)
110.R7.1
GENERAL PROVISIONS
110.R7.1.1
Title
. 780 CMR 110.R7.
110.R7.1.2
Definitions
. Any
			 terms not defined in 780 CMR 110.R7 shall assume the definition of the term as
			 used elsewhere in 780 CMR.
BBRS.
State Board of Building Regulations and
				Standards.
BUILDING OFFICIAL
see
the
				Massachusetts Amendments to the
International Building Code 2009
				(
780 CMR 2.00 ).
REGISTRANT
. Any individual registered with the
				Board of Building Regulations and Standards (BBRS) as a
building
				official
in the capacity of an inspector of buildings/building
				commissioner or local inspector.
110.R7.1.3
Scope.
780 CMR 110.R7
			 shall control all matters relating to qualifications and certification of all
building officials
engaged in or to be engaged in the
			 administration and enforcement of 780 CMR; categories of certified
building official
s; procedures for application, issuance,
			 denial and revocation of certifications; approval of training and/or
			 educational programs offered to meet the requirements for certification;
			 maintenance of certification through continuing education; application fees for
			 certification; and enforcement of 780 CMR 110.R7. 780 CMR 110.R7 shall
			 establish standards and procedures for certification, and shall require all
			 persons performing duties with respect to the inspection of building
			 construction for any political subdivision within the Commonwealth to be
			 certified as provided in 780 CMR 110.R7.
110.R7.1.4
Powers and Duties
.
			 The BBRS, working through the Administrator and the BBRS staff, shall have the
			 following responsibilities in addition to all others provided in 780 CMR and
			 780 CMR 110.R7.
110.R7.1.4.1. Upon
			 recommendations from the Building Official Certification Committee, established
			 under 780 CMR 110.R7.1.5, to issue certifications to individuals deemed
			 qualified as provided for in 780 CMR 110.R7.
110.R7.1.4.2. To maintain accurate records of
			 all applications for certification and any official action thereon and to make
			 such records available for inspection by the public at all reasonable
			 times.
110.R7.1.4.3. To suspend or
			 revoke a certification upon the establishment of grounds for disciple per 780
			 CMR 110.R7.4.1.5.
110.R7.1.4.4. Any
			 person aggrieved by any notice, action, ruling or order of the Board, or the
			 Building Official Certification Committee with respect to 780 CMR 110.R7, may
			 have a right to a hearing as provided for by law.
110.R7.1.5
Inspector Certification
			 Advisory Committee.
The BBRS has established the Inspector Certification
			 Advisory Committee (Building Official Certification Committee
			 (BOCC))
.
This committee shall be supported by such staff of
			 the BBRS as may be required for the effective operation of 780 CMR 110.R7.
110.R7.1.5.1
Powers and Duties
.
			 The BOCC shall have the responsibility to advise and to recommend to the BBRS
			 on all items relating to the certification of
building
			 official
s, including, but not limited to:
1. Issuing certificates
2. Reviewing applicant credentials
3. Maintaining applicant and certified
			 inspector records
4. Hearing
			 complaints and appeals pertaining to inspector certification
5. Reviewing and approving all courses of
			 study, seminars, and other educational programs as deemed necessary, for
			 continuing education requirements.
6. Monitoring all appointments to assure
			 compliance with 780 CMR 110.R7.
7.
			 Considering reciprocity with other states (upon petition of BOCC on forms
			 provided for such purpose).
110.R7.1.5.2
Make-up of the
			 Committee
. The BOCC shall consist of nine members appointed by the BBRS
			 as follows:
1. One member of the BBRS or his
			 or her designee
2. Six members who
			 are active
building officials
consisting of:
a. One member from each of the three
			 Municipal Building Officials Associations (Southeastern Building Officials
			 Association, Building Officials of Western Massachusetts, Massachusetts
			 Building Commissioners and Inspectors Association).
b. Three members at large to be appointed by
			 the BBRS.
3. One member
			 from academia who is an educator of construction at the college level
			 (
e.g
. architectural, civil, structural) to be appointed by the
			 BBRS.
4. One member of the
			 Massachusetts Municipal Association.
110.R7.1.6
Categories of
			 Certification
. Categories of certification for
building
			 official
s are as follows:
110.R7.1.6.1
Inspector of Buildings or
			 Building Commissioner
. An individual certified as an inspector of
			 buildings/building commissioner shall perform the duties as defined in 780 CMR
			 and M.G.L. c. 143, as applicable.
110.R7.1.6.2
Local Inspector
. An
			 individual certified as a local inspector shall perform the duties as defined
			 in 780 CMR and M.G.L. c. 143, as applicable.
110.R7.1.6.3
Alternate Inspector of
			 Buildings/Building Commissioner
. An alternate inspector of
			 buildings/building commissioner shall be certified prior to
			 appointment.
110.R7.1.7
Building Official Appointments
.
110.R7.1.7.1.
Permanent
			 Appointments
. No individual shall be permanently appointed to the
			 position of inspector of buildings, building commissioner or local inspector in
			 a municipal enforcing agency for which a certification requirement has been
			 established by 780 CMR 110.R7, unless that individual has been deemed qualified
			 and certified in that category by the BOCC.
Exception
. Conditional appointments may be made
				pursuant to 780 CMR 110.R7.1.7.4.
110.R7.1.7.2
Reporting by Appointing
			 Authority
. Immediately following appointment, the clerk of each city or
			 town shall report to the BBRS, the name, title and status of each new employee
			 who is appointed as an inspector of buildings, building commissioner or local
			 inspector. Said report shall be provided on forms as prescribed by the BBRS for
			 said purpose and shall be submitted in attestation under the pains and
			 penalties of perjury that said new employee meets or exceeds the minimum
			 qualifications as defined by M.G.L. c. 143, § 3 and 780 CMR, as
			 applicable.
110.R7.1.7.3
Historical Note
. Any individual employed as inspector of
			 buildings, building commissioner or local inspector and who was in office on
			 November 12, 1992 and who was qualified (in accordance with M.G.L. c. 143,
			 § 3) to be in office at time of hire, and who presented acceptable
			 evidence of these facts to the BBRS, shall be deemed certified in the category
			 held on said date, and shall be provided with a certificate by the
			 BBRS.
110.R7.1.7.4
Conditional Appointments
. Individuals who meet or exceed the
			 experience requirements pursuant to M.G.L. c. 143, § 3 and 780 CMR, but
			 who are not certified under the provisions of 780 CMR 110.R7 may be appointed
			 on a conditional basis only. If so appointed these requirements shall be met:
1. Immediately upon appointment, the city or
			 town clerk shall report the conditional appointment to the BBRS in accordance
			 with 780 CMR 110.R7.1.7.2.
2.
			 Within the first six months of employment the conditional appointee shall make
			 application to take the examination(s) required for the appropriate category of
			 certification.
3. Within one year
			 following the first six months of employment a conditional appointee who is
			 appointed as an inspector of buildings\building commissioner shall attain a
			 passing score on all of the examinations required for that category of
			 certification.
4. Within six months
			 following the first six months of employment a conditional appointee who is
			 appointed as a local inspector shall attain a passing score on all of the
			 examinations required for that category of certification.
5. In accordance with 780 CMR 110.R7.1.7.4.1,
			 a conditional appointee may petition the BOCC in writing for an extension of
			 time to comply with the examination schedule of 780 CMR 110.R7. Upon
			 establishment of cause, the BOCC may grant an extension as it may consider
			 appropriate.
6. Conditional
			 appointees shall notify the BBRS of any change in the status of their
			 employment, within one month of such change.
7. Any individual conditionally appointed as
			 an inspector of buildings/building commissioner shall first be certified as a
			 local inspector.
110.R7.1.7.4.1
Requests for Exam Schedule Extension
. Upon written petition to the
			 BOCC, any conditional appointee unable to comply with the examination schedule
			 as cited in 780 CMR 110.R7.1.7.4 may for cause, be granted an extension of time
			 in order to comply. Petitions shall be forwarded to the clerk of the BOCC on
			 forms for such purpose, and addressed to the office of the BBRS. The
			 conditional appointee shall state all reasons to substantiate the request for
			 an extension of time. Conditional appointees who have not attempted the
			 examination schedule as herein defined during the prescribed period shall not
			 be granted an extension, and no conditional appointee shall be afforded more
			 than three extensions of time beyond the prescribed period for the level of
			 certification sought.
110.R7.1.7.4.2
Notification
. The
			 BOCC shall, within ten days of any action taken by the committee pursuant to
			 780 CMR 110.R7, notify the appointing authority in writing of such
			 action.
110.R7.1.7.4.3
Notice
			 of Non-compliance
. Any conditional appointee who has not attained
			 passing scores in all examinations required for certification as a inspector of
			 buildings/building commissioner and /or local inspector and who exhausted
			 extension time as afforded by 780 CMR 110.R7.1.7.4.1 shall be deemed to be in
			 non-compliance with M.G.L. c. 143, §3 and unauthorized to serve as a
			 conditional appointee in the position for which they are not yet
			 certified.