Subsection 110.R7.1 - GENERAL PROVISIONS110.R7.1.1Title. 780 CMR 110.R7.110.R7.1.2Definitions. Any terms not defined in 780 CMR 110.R7 shall assume the definition of the term as used elsewhere in 780 CMR. REGISTRANT. Any individual registered with the BBRS as a building official in the capacity of an inspector of buildings/building commissioner or local inspector.
110.R7.1.3Scope. 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 officials; 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 establishes standards and procedures for certification and requires 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.R7.1.4Powers and Duties. The BBRS, working through its administrator and other 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 ("BOCC"), 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 discipline pursuant to 780 CMR 110.R7.4.1.5.110.R7.1.4.4. Any person aggrieved by any notice, action, ruling or order of the BBRS, or the BOCC, 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, known as the BOCC. The BOCC shall be supported by such staff of the BBRS as may be required for the effective operation of 780 CMR 110.R7.110.R7.1.5.1Powers 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 officials, including, but not limited to: 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 the BOCC on forms provided for such purpose).110.R7.1.5.2Make-up of the Committee. The BOCC shall consist of 11 members appointed by the BBRS as follows: 1. One member of the BBRS or his or her designee.2. Nine members who are active building officials consisting of: a. One member from each of the four Municipal Building Officials Associations (Southeastern Building Officials Association, Building Officials of Western Massachusetts, Massachusetts Building Commissioners and Inspectors Association, and MetroWest Building Officials Association).b. Four members at large to be appointed by the BBRS, all of whom shall be recommended by the Board of Directors of the Massachusetts Federation of Building Officials.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.R7.1.6Categories of Certification. Categories of certification for building officials are as follows: 110.R7.1.6.1Inspector 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.R7.1.6.2Local 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.R7.1.6.3Alternate Inspector of Buildings/Building Commissioner. An alternate inspector of buildings/building commissioner shall be certified prior to appointment.110.R7.1.7Building 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.R7.1.7.2Reporting 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.R7.1.7.3Historical 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.R7.1.7.4Conditional 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.R7.1.7.4.1Requests 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.R7.1.7.4.2Notification. 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 Noncompliance. Any conditional appointee who has not attained passing scores in all examinations required for certification as an 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.780 CMR, ch. 110.00, 780 CMR 110R7, 110.R7.1
Amended by Mass Register Issue 1532, eff. 10/11/2024.