780 CMR, ch. 110.00, 780 CMR 110R5, 110.R5.1

Current through Register 1536, December 6, 2024
Subsection 110.R5.1 - Registration and Licensing
110.R5.1.1Scope. The provisions of 780 CMR 110.R5 shall govern the licensing of construction supervisors.
110.R5.1.2Definitions. Unless otherwise expressly stated in 780 CMR the following terms shall, for the purpose of 780 CMR 110.R5, have the meaning indicated in 780 CMR 110.R5.1.2.

CSL. A construction supervisor license. See also construction supervisor.

CONSTRUCTION SUPERVISOR. A person of good moral character who is deemed qualified by the BBRS to directly supervise persons engaged in the scope of work shown in Table 110.R5.1. Such term shall also apply to persons supervising themselves.

HEARINGS OFFICER. The hearings officer is the person selected by the Division of Occupational Licensure and approved by the chair of the BBRS to carry out the disposition of complaints against licensed construction supervisors.

Code

Designation

Note 1

Table 110. RS.1 Construction Supervisor License (CSL) Scope of Work

nonea

CSLa

a, b, c, d

Construction, reconstruction, alteration, repair, removal, or demolition

none

CSL 1&2 Family Dwellings

b

Construction, reconstruction, alteration, repair, removal, or demolition

IA

CSLMasonryb

a, b, c, d

Construction, reconstruction, alteration, repair, removal, or demolition of masonry structures that require a permit. Not applicable for construction of masonry buildings

RF

CSL Roof Coveringa

a,b,c

Construction, reconstruction, alteration, repair, or removal of roof covering, including repair and replacement of 25% of sheathing and 25% of sistering roof rafters

ws

CSL Window and Sidingb

a,b,c

Construction, reconstruction, alteration, repair, or removal of doors, windows and siding including repair and replacement of damaged window or door framing < 4' wide and up to 25% of sheathing

SF

CSL Solid Fuel-Burning Applianceb

a, b,c

Installation of solid fuel burning appliances but does not allow work on anstructural elements, including sheathing, with the exception of that required for the installation of either the inlet or exhaust elements

DM

CSL Demolitionb

a,b c,d

Demolition only.

IC

CSL Insulationb

a, b,c

Installation of insulation including repair and replacement of sheathing and siding necessary to access wall cavities

b. Specialty License

a. formerly known as "00, Unrestricted" CSL

Note 1: Building Tvoes and Structures

a

Buildings of any use group which contain less than 35 000 cubic feet (99lm3) of enclosed soace.

b

One- and two-family dwellings or any accessory building thereto, irrespective of size.

c

Building or structures for agricultural use.

d

Retaining walls less than ten feet in height at all points along the wall as measured from the base of the footing to the too of the wall.

HOMEOWNER. Person(s) who owns a parcel of land on which he or she resides or intends to reside, on which there is, or is intended to be, a one- or two-family dwelling, attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner.

LICENSED DESIGNEE. Any individual designated by the license holder to be present, in the absence of said license holder, during any of the periods stated in 780 CMR 110.R5.2.12. Such designee shall also hold a construction supervisor's license in the appropriate category (or better), but his or her name or license number need not be contained on the building permit application.

RECOGNITION. The approval by the BBRS of an application and related documents by one desirous of being licensed as a construction supervisor.

110.R5.1.3Scope. 780 CMR 110.R5 shall govern the testing and licensing of individuals who are found to possess the requisite qualifications to be licensed as a construction supervisor and to have charge or control of construction, reconstruction, alteration, repair, removal or demolition of certain buildings or structures or parts thereof, as identified.
110.R5.1.3.1 Individuals supervising persons engaged in construction, reconstruction, alteration, repair, removal or demolition involving any activity regulated by any provision of 780 CMR, shall be licensed in accordance with 780 CMR 110.R5. Individuals engaged in the supervision of the field erection of manufactured buildings in accordance with 780 CMR 110.R3, shall be licensed as construction supervisors.

Exception: Any homeowner performing work for which a building permit is required shall be exempt from the licensing provisions of 780 CMR 110.R5, provided that if a homeowner engages a person(s) for hire to do such work, then such homeowner shall act as supervisor. This exception shall not apply to the field erection of manufactured buildings constructed pursuant to 780 CMR 110.R3.

NOTE: Any licensed construction supervisor who contracts to do work for a homeowner shall be responsible for performing said work in accordance with 780 CMR and manufacture's recommendations, as applicable, whether or not the licensed contractor secured the permit for said work.

110.R5.1.3.2Exemptions. A construction supervisor's license is not required for:
1. construction of swimming pools, the erection of signs, the erection of tents;
2. projects which are subject to construction control pursuant to 780 CMR 1.00:

Scope and Administration;

3. agricultural buildings which are not open to the public or otherwise made available for public use;
4. registered design professionals, provided such comply with the construction supervisor oversight requirements set forth in 780 CMR 110.R5 generally and 780 CMR 110.R5.2.12, as applicable;
5. Massachusetts certified building officials, provided such certification is current and they comply with the oversight requirements of 780 CMR 110.R5 generally and 780 CMR 110.R5.2.12, as applicable; or
6. the practice of any trade licensed by agencies of the Commonwealth, provided that any such work is within the scope of said license including, but not limited to wiring, plumbing gas fitting, fire protection systems, pipefitting, HVAC and refrigeration equipment. See M.G.L. c. 112, § 81R.
110.R5.1.3.3Municipal Requirements. No municipality shall be prohibited from requiring a license for those individuals engaged in directly supervising persons engaged in construction, reconstruction, alteration, repair, removal or demolition in those categories of building and structures for which 780 CMR 110.R5 does not require a license.
110.R5.1.4Administration and Enforcement. The BBRS shall administer and enforce the provisions of 780 CMR 110.R5. The BBRS or those designated by it shall administer examinations, under 780 CMR 110.R5, of persons desirous of being registered as qualified to receive a license as a construction supervisor.

780 CMR, ch. 110.00, 780 CMR 110R5, 110.R5.1

Amended by Mass Register Issue 1532, eff. 10/11/2024.