Subsection 110.R5.2 - Registration and Licensing110.R5.2.1Qualifications. A construction supervisor license candidate shall demonstrate that he or she has had at least three years of experience in their field. This experience shall have been completed within the ten-year period prior to the date of application. Successful completion of certain educational programs may satisfy one to two years of required experience. In addition, all applicants are required to successfully pass an examination in order to receive a license. For a list of the pre-exam qualifications, access the examination application noted in 780 CMR 110.R5.2.2. Exception: An individual holding a current certification in accordance with the requirements of 780 CMR 110.R7 shall be allowed to submit an application for an unrestricted construction supervisor license without the need for examination.
110.R5.2.1.1Evaluation of Exam Scores. The authorized testing agent of the BBRS shall determine a successful exam score. BBRS may evaluate multiple unsuccessful exam scores of an applicant if the applicant has: a. received and utilized testing accommodation through the authorized testing agent;b. taken the exam at least three times in the past five years and not received a successful score on any one exam;c. received an exam score 5% greater than the successful exam score authorized by the testing agent using a weighted average of the highest scores from each section of any two of the three exams; andd. provided a letter of recommendation from any two of the following individuals:f. a registered design professional; and/or g. a construction supervisor licen See.h. If the requirements of 780 CMR 110.R5.2 are met then the exam applicant has successfully passed an examination in accordance with780 CMR 110.R5.110.R5.2.2Examinations. Examinations shall be held only by appointment. All exam applications shall be filed in accordance with the construction supervisor license examination application.110.R5.2.3License Approval. A majority vote of the members of the BBRS shall be required to grant a license. Notwithstanding this requirement, the BBRS may delegate approval to staff where an applicant meets all applicable provisions of 780 CMR 110.R5.110.R5.2.4Expiration. Licenses issued pursuant to 780 CMR 110.R5 shall expire three years from the date of issuance, which shall be noted on said license and may be renewed. A renewal of an original license shall be for periods of two years and a renewal license shall expire two years from the date of issuance, which shall be noted on said license and may be renewed. A renewal license shall not be issued unless application therefore is made within one year of the date of expiration of the most recently issued license. If a licensee fails to renew his or her license within one year of the expiration date, such license may thereafter be renewed within two years of its expiration date upon the payment of a fee in accordance with 780 CMR. Exceptions: For applications meeting any of these three exception requirements, where applicable, the license shall be renewed for a minimum of one year to a maximum of three years.
1.Medical Reactivation. Applicants who seek license reactivation and a waiver of the retesting and/or continuing education requirements shall: a. notify the Office in writing via email or US mail, within four years of expiration date of the license;b. have evidence of personal illness defined as one of the internationally recognized causes of mortality or one of the recognized mental health related illnesses, or illness or death of a parent, sibling, spouse, or child in a four-year window from date of the Office's written notification;c. not have DOR tax, child support, Home Improvement Contractor or Construction Supervisor complaint, or civil fine issues with the Office; andd. submit the following: i. an application form from the Office;ii. a form letter from the Office stating how illness or death contributed to loss of focus on personal or business affairs;iii. medical evidence of illness or death; and iv. a fee.2.Military Reactivation. Applicants who seek license reactivation and a waiver of the retesting and/or continuing education requirements shall: a. notify the Office in writing via email or US Mail, within four years of expiration date of the license;b. have evidence of personal military service or of military service of spouse;c. not have DOR tax, child support, Home Improvement Contractor or Construction Supervisor complaint, or civil fine issues with the Office; andd. submit the following: i. an application form from the Office;ii. evidence of honorable military service within the expiration period; and3.Valor Act. If a license holder is on active duty with the armed forces of the United States, as defined in M.G.L. c. 4, § 7, clause 43, the certificate shall remain valid until the license holder is released from active duty and for a period of not less than 90 days following that release. For this exception to apply, the license holder shall be given an Honorable Discharge, a General Discharge, or an Under Other than Honorable Conditions ("UOTHC") Discharge, as noted on their discharge and separation papers. The BBRS may accept education, training, or service completed by an individual as a member of the armed forces, as defined in M.G.L. c. 4, § 7, clause 43, or the United States military reserves as an alternative or in addition to submission of required documentation pursuant to continuing education requirements. The applicant shall submit a license renewal application along with a Verification of Military Experience and Training form and any other supporting documentation. The education, training, or service submitted to the BBRS shall have been completed within 24 months of submission.
110.R5.2.5Expired License. The practice of construction supervision is prohibited with an expired license.110.R5.2.6Procedure for Obtaining a License.110.R5.2.6.1Application. License applicants meeting the qualifications of 780 CMR 110.R5.2.1 may submit an examination application in accordance with 780 CMR 110.R5.2.2 to the authorized testing agent of BBRS.110.R5.2.6.2Forms. It shall be the responsibility of the applicant to assure that the required forms are received by the testing agency. All forms shall be accompanied by the required license fee.110.R5.2.6.3Records. The BBRS shall keep a copy of the application and a computer file listing all licensed construction supervisors.110.R5.2.6.4Examination Date. Upon receipt of a fully completed application, an examination date shall be set by the authorized testing agency and the applicant so notified.110.R5.2.7False Statements. Any false statement on the application or references shall be sufficient reason to refuse to issue a license, or to suspend or revoke a license if issued.110.R5.2.8Cause for Suspension or Revocation. The following shall be grounds for reprimand, suspension, or revocation of a license: 1. the applicant made a false statement to the BBRS;2. a licensee made a false statement to the BBRS;3. any violation of 780 CMR;4. work was performed without a building permit;5. failure to fully cooperate with a BBRS investigation into a complaint;6. failure to turn over a suspended or revoked license to the BBRS;7. failure to abide by a mandate or order of the BBRS;8. failure to properly supervise a project or be present at a work site as required by 780 CMR 110.R5;9. failure to meet the requirements of 780 CMR 110.R5.4;10. revocation of the CSL holder's Home Improvement Contractor Registration by the Office of Consumer Affairs and Business Regulations (HIC revocations that are not personal to the CSL holder shall not be grounds for discipline);11. violations of state or federal law relevant to CSL work, including violations of the Occupational Safety and Health Act or Occupational Safety and Health Administration regulations, as formally decided by the courts or relevant state or federal agency; and12. conduct showing a lack of good moral character including, but not limited to, conviction of a crime reasonably related to the profession.110.R5.2.9Procedure for Suspension or Revocation of License.110.R5.2.9.1Complaints. All complaints relative to a license shall be on a form provided by the BBRS. Any person may file a complaint. Where a complaint is filed against a construction supervisor regarding adherence to an agreement to perform work requiring licensure pursuant to 780 CMR 110.R5 or the code compliance of work performed pursuant to that agreement, said complaint must be filed within three years of said agreement or three years from the last date work was performed under that agreement, whichever occurs later. This limitation shall not be deemed to apply to complaints which the BBRS finds to involve possible violations unrelated to compliance with a specific agreement or where a complaint is based upon a finding made by a court or other state or federal government agency, including but not limited to other licensing authorities. 110.R5.2.9.1.1Basis of Complaint. Work related to a specific building permit that is deemed to not comply with 780 CMR or a consistent pattern of abuse relating to contractual arrangements between license holder and client should be the basis of such complaint. Any work requiring a building permit which is performed without such permit shall be considered cause for suspension or revocation.110.R5.2.9.1.2Review and Investigation of Complaints. The BBRS or its designee shall review every complaint filed. If the reviewer determined that the complaint alleges plausible potential violations of 780 CMR by the licensee, a hearing shall be convened. The BBRS may, if it elects, investigate a complaint prior to scheduling a hearing. Failure of a complainant to cooperate in the investigation shall be grounds for dismissal of a complaint. Upon receipt of a complaint, the BBRS or its designee shall send a letter acknowledging receipt to the complainant, the licensee being complained of, and the appropriate municipal building official. A copy of the complaint and all attachments shall be mailed to the license holder with the acknowledgment letter.
110.R5.2.9.2Disclosure of Adverse Actions. The BBRS may require a CSL or CSL applicant to disclose any conviction (regardless of whether it is a felony or misdemeanor) or civil finding made against them made by a court, other state or federal agency or, where applicable, by a licensing board of another jurisdiction. Where required by the BBRS, said disclosure must occur at time of application or next renewal.110.R5.2.9.3Notice of Hearing. If the hearings officer or the BBRS determined that a hearing shall be held to resolve a complaint, reasonable notice shall be provided to the complainant and the license holder. Mailing of the notice to the address on record with BBRS shall be deemed satisfactory notice to the license holder. The notice of hearing shall contain: 1. the name of the complainant.2. The date, time and place of said hearing.3. The location of the incident giving rise to the complaint.4. Notice that either party may view the BBRS's complaint file by appointment.110.R5.2.9.4Hearings. Hearings convened pursuant to 780 CMR 110.R5 shall be conducted pursuant to 801 CMR 1.02: Informal/Fair Hearing Rules. Any party may be represented by legal counsel. All parties shall be permitted to present an opening statement, testify on their own behalf, cross-examine all witnesses, present any relevant witness testimony, present any relevant documentary evidence, and offer a closing argument. The hearings officer may question any witness and include any records kept by the BBRS as exhibits. The hearings officer may conclude the hearing at any time and issue a decision based on the evidence presented. If a licensee does not appear for the hearing, the hearings officer may conduct a hearing in their absence and render a decision based upon the evidence presented, but only after making a finding that the licensee was provided notice as required by 780 CMR 110.R5.2.9.3.110.R5.2.9.5Decisions and Discipline of License Holders. The hearings officer shall issue a written decision after the hearing. Decisions shall be issued in a reasonably prompt manner. The hearings officer may suspend a licensee for a fixed period of time, revoke a license permanently, or reprimand the licensee. In conjunction with these disciplinary measures, the hearings officer may order the license holder to retake the CSL examination. Any license that is suspended or revoked shall be forwarded to the BBRS immediately. A person whose license is revoked may apply in writing to the BBRS for reinstatement no sooner than two years from the date of the revocation.110.R5.2.10Discretionary Appeal. Any person aggrieved by a decision of the hearings officer may, in writing, request review of said decision by the BBRS. The filing of such a petition shall not serve to stay any disciplinary action taken by the hearings officer. The BBRS may review such decision at its discretion. Such review is an administrative review that shall be based solely on the administrative record and is not to be construed as a second hearing on the same complaint(s). After review, the BBRS may deny the petition, grant the petition but affirm the decision of the hearings officer, or grant the petition and remand the matter to the hearings officer for further proceedings as directed. An order of remand may include instructions that the hearing officer's decision imposing a reprimand, period of suspension, or revocation be increased, decreased, waived, or rescinded, and any other penalty substituted including, but not limited to, decreasing or increasing a period of suspension, rescinding a suspension and issuing a reprimand, or rescinding a suspension and ordering revocation. The filing of an appeal with the BBRS shall serve to toll the timing provisions of M.G.L. c. 30A, § 14 until such time as the BBRS issues its order on review.
110.R5.2.10.1Appeal to a Court. Any person aggrieved by a decision of the hearings officer or the BBRS may appeal such decision in conformance with M.G.L c. 30A, § 14.110.R5.2.11Change of Address. The license holder shall have the responsibility of reporting any change of address and/or change of circumstance to the BBRS. The information on file at the BBRS shall be deemed accurate unless changed by the license holder.110.R5.2.12On-site Presence of Supervisor. A licensed construction supervisor or a licensed designee as defined shall be present on the site at some point to approve construction, reconstruction, alterations, removal or demolition involving the following work: 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 whether or not the licensed contractor secured the permit for said work.
1. Foundation:a. Preparation of bearing material;b. Location of foundation;c. Placement of forms and reinforcing materials (if applicable);d. Placing of concrete (or setting of other foundation materials);e. Setting weather protection methods (if required);f. Installation of waterproofing and/or damp proofing materials; andg. Placement of backfill.Note: If groundwater is encountered in excavating for foundation placement, the licensed construction supervisor shall report its presence to the building official and shall submit a report detailing methods of remediation.
2. Structural frame: a. Installation of joists, trusses and other structural members and sheathing materials to verify size, species and grade, spacing and attachment/fastening methods. The licensed construction supervisor shall ensure that any cutting or notching of structural members is performed in accordance with requirements of 780 CMR.b. Setting of masonry or other structural systems (if used).3. Energy conservation: Installation of insulation materials, vapor and air infiltration barriers.4. Fire protection: Installation of smoke, heat and carbon monoxide ("CO") detectors and/or systems.5. Special construction including, but not limited to:b. Retaining walls over four feet in height above grade. The building official may require a licensed construction supervisor or his or her licensed designee to be present on the building site at other points during the construction, reconstruction, alterations, removal or demolition work as he or she deems appropriate.
110.R5.2.13Lost/Stolen Licenses. License holders are required to keep the license in their possession at all times during the course of construction work at any and all building sites. If said license is lost, stolen or mutilated, it shall be the responsibility of the license holder to notify the BBRS.110.R5.2.14Requirement to Show License. A building official may require the license holder to produce the license at any time on a job site.110.R5.2.15Responsibility of Each License Holder.110.R5.2.15.1Responsibility for Work. The license holder shall be fully and completely responsible for all work for which he or she is supervising. He or she shall be responsible for Seeing that all work is done pursuant to 780 CMR and the drawings as approved by the building official.110.R5.2.15.2 Responsibility to Supervise Work. The license holder shall be responsible to supervise the construction, reconstruction, installation, alteration, repair, removal or demolition for the category of license held involving any activity regulated by any provision of 780 CMR and all other applicable Laws of the Commonwealth even though he or she, the license holder, is not the permit holder but only a subcontractor or contractor to the permit holder.110.R5.2.15.3Notification of Violations. The license holder shall immediately notify the building official in writing of the discovery of any violations which are covered by the building permit.110.R5.2.15.4Willful Violation. Any licensee who shall willfully violate 780 CMR shall be subject to revocation or suspension of license by the hearings officer.110.R5.2.16Permit Applications. All building permit applications shall contain the name, signature and license number and the category of license so held of the construction supervisor who is to supervise those persons engaged in the work as defined in the building permit. In the event that such licensee is no longer supervising said persons, the work shall immediately cease until a successor license holder is substituted on the records of the building department.780 CMR, ch. 110.00, 780 CMR 110R5, 110.R5.2
Amended by Mass Register Issue 1532, eff. 10/11/2024.