CHAPTER 4.
BUILDINGS.

As to electrical regulations generally, see ch. 7 of this Revision. As to fire inspection of buildings, see § 8-4. As to loitering, see § 14-5. As to spitting in public buildings, see § 14-11. As to peeping Toms, see § 14-13. As to plumbing regulations generally, see ch. 17. As to dance halls, see §§ 19-7 to 19-16. As to zoning regulations generally, see the zoning ordinance.

Article I. In General.

§ 4-1. Numbering of buildings.

§ 4-2. Gas piping installations and appliance fees.

§ 4-2.1. Building permit fees.

§ 4-2.2. Mobile home permit fees.

§ 4-2.3. Signs.

§ 4-2.4. Mechanical systems (heating, solar systems, air conditioning, etc.).

§ 4-2.5. Solid fuel stoves, fireplaces and chimneys.

§ 4-2.6. Electrical permit fee.

§ 4-2.7. Demolition permit fees.

§ 4-2.8. Penalty.

§ 4-2.9. Building department service fees.

§ 4-2.10. Disposal of building materials.

Article II. Director of Inspections.

§ 4-3. Appointment; term.

§ 4-4. Powers and duties generally.

§ 4-5. Right of entry.

§ 4-6. Office hours.

Article III. Moving Buildings.

§ 4-7. Permit– Required.

§ 4-8. Same– Application.

§ 4-9. Same– Conditions of issuance.

§ 4-10. Owner to comply with certain requirements.

Article IV. Enforcement and Noncriminal Disposition.

§ 4-11. Enforcement of chapter.

§ 4-12. Noncriminal disposition.

ARTICLE I.
IN GENERAL.

For law of the commonwealth as to buildings generally; see G.L., C. 143, § 1 et seq. As to regulation of construction, etc., of buildings by city, see G.L., C. 143, § 3.

Sec. 4-1. Numbering of buildings.

The city council or the inspectors of buildings acting under the authority of the city council shall have power to cause numbers of regular series to be affixed to or inscribed on all dwelling houses and other buildings erected or fronting on any street, lane, alley or public court in the city and shall have power to determine the form, size and material of such numbers and the mode, place succession and order of affixing them on such houses or other buildings, and the owner, agent or person having control of any building or part of a building shall affix to the same the number designated by the city council or inspectors of buildings and shall not affix the same, nor permit to remain thereon more than one day, any number contrary to the direction of the city council or inspectors of buildings.

(10-10-66.)

For law of the commonwealth as to authority of city as to regulation of numbering of buildings, see G.L., C. 40, § 21(10).

Sec. 4-2. Gas piping installations and appliance fees.

The following fees shall be charged for:

New construction:

Single- and two-family and additions, forty dollars, plus five dollars per appliance.

Commercial and industrial buildings, fifty-five dollars, plus eight dollars per appliance.

Church and schoolhouse, fifteen dollars, plus three dollars per appliance.

Remodeling, repairs, renovations, alterations:

Single- and two-family, twenty-eight dollars, plus five dollars per appliance.

Replacement of gas appliances, twenty dollars per appliance.

Residence commercial, three-family and over, thirty-five dollars, plus five dollars per appliance.

Commercial buildings, fifty-five dollars, plus eight dollars per appliance.

Church and schoolhouse, fifteen dollars, plus three dollars per appliance.

Reinspection fee, fifty dollars per inspection.

Penalty, for failure to apply for a permit before construction has started, all fees are doubled.

Written opinion, thirty dollars.

Inspections related to written opinion, thirty dollars.

(4-28-97: 6-13-05.)

Sec. 4-2.1. Building permit fees.

(a) For a total estimated cost of up to one thousand dollars, a fee of twenty dollars;

(b) For a total estimated cost of each additional one thousand dollars or a portion thereof, a fee of six dollars;

(c) For reinspection (being not ready when called for), a fee of fifty dollars per inspection.

(6-13-05.)

Sec. 4-2.2. Mobile home permit fees.

The following fees shall be charged for each:

(1) For base fee, including concrete pads, stairs and patio roof, a fee of one hundred fifty dollars;

(2) For reinspection (being not ready when called for) a fee of fifty dollars per inspection.

(6-13-05.)

Sec. 4-2.3. Signs.

The following fees shall be charged:

(1) For a total estimated cost of up to one thousand dollars, a fee of twenty dollars;

(2) For a total estimated cost of each additional one thousand dollars or portion thereof, a fee of ten dollars;

(3) For reinspection (being not ready when called for) a fee of fifty dollars per inspection.

(6-13-05.)

Sec. 4-2.4. Mechanical systems (heating, solar systems, air conditioning, etc.).

The following fees shall be charged:

(1) For each system, a fee of twenty dollars;

(2) For reinspection (being not ready when called for) a fee of fifty dollars per inspection.

(6-13-05.)

Sec. 4-2.5. Solid fuel stoves, fireplaces and chimneys.

The following fees shall be charged:

(1) For each system, a fee of twenty dollars;

(2) For reinspection (being not ready when called for) a fee of fifty dollars per inspection.

(6-13-05.)

Sec. 4-2.6. Electrical permit fees.
Minimum fee$ 40.00
Temporary service40.00
Alarm systems
1– 5 units40.00
6 units and above each add10.00
Service charge
100 and 200 amp40.00
over 200 amp75.00
Maintenance permit75.00
Fire alarm– tie into municipal loop150.00
Reinspection fee, second one free, three or more60.00

Fees for work done in conjunction with a building permit shall be included with the building permit. Such fees shall be thirty percent of the building fee, or forty dollars, whichever is greater.

(6-13-05.)

Sec. 4-2.7. Demolition permit fees.

The following fees shall be charged for each individual building:

(1) For one- and two-family dwellings, a fee of twenty dollars;

(2) For multifamily, commercial and industrial buildings, a fee of one hundred dollars.

(6-13-05.)

Sec. 4-2.8. Penalty.

(a) For failure to apply for a permit before construction has started, all fees are doubled.

(6-13-05.)

Sec. 4-2.9. Building department service fees.

The following fees shall be charged:

(1) For a written opinion, a fee of thirty dollars;

(2) For inspections relating to a written opinion, a fee of thirty dollars per inspection.

(6-13-05.)

Sec. 4-2.10. Disposal of building materials.

Any owner of residential property or general contractor shall be required to demonstrate appropriate and ultimate disposal of building materials and supplies generated in a restoration or installation construction project in order to obtain a building permit for such project by the city director of inspections or other designated inspector.

(8-23-04; 11-22-04.)

ARTICLE II.
DIRECTOR OF INSPECTIONS.

Sec. 4-3. Appointment; term.

The mayor, subject to confirmation by the city council, shall appoint a director of inspections, who shall be in charge of the departments of buildings, for a term of three years, from the fifteenth day of April.

(2-8-66; 4-10-89.)

Sec. 4-4. Powers and duties generally.

The director shall have the following powers and duties:

(a) All city owned buildings shall be under the general care and custody of the director who shall have the responsibility for the keeping of such buildings in good condition for any use and occupation that may be permitted by the mayor or city council and who shall have the direction and supervision of custodians in all such buildings except those employed by the school committee.

(b) The director shall be in charge of all building inspectors, wire inspector, plumbing inspector, and gas inspector with appointments being made under the provisions of Civil Service.

(c) All inspections shall be performed under the provisions of the General Laws and local ordinances and of all amendments and additions thereto, insofar as the same may be applicable to them.

(d) The building inspectors shall make all inspections incumbent upon their office as required under chapter 143 of the General Laws, the City Building Code and the Zoning Ordinance. Inspection of churches, places of public assembly, schools, both public and private, theatres, factories, mercantile establishments and apartment houses shall be made at intervals not exceeding two years or as specifically stated in the regulations, except such as are owned or occupied by the United States government.

(2-8-66, 4-10-89.)

For law of the commonwealth as to inspection of places of assembly, see G. L., C. 143, § 3D. As to inspection of school buildings and theatres, see G.L., C. 143 § 42.

Sec. 4-5. Right of entry.

The inspectors are hereby authorized to enter any buildings or structures at all reasonable hours for the purpose of ascertaining whether any of the provisions of law or ordinances are being violated.

(2-8-66; 4-10-89.)

Sec. 4-6. Office hours.

The office of the inspectors of buildings shall be open to the public daily. Saturdays, Sundays and legal holidays excepted, from 8:30 A.M. to 4:00 P.M. On Thursdays the office shall be open from 8:30 A.M. to 5:30 P.M.

(2-8-66; 4-10-89.)

ARTICLE III.
MOVING BUILDINGS.

Sec. 4-7. Permit– required.

No person shall move a building in a public way within the city without first having obtained written permission from the city council. In an emergency such written permission may be given by the superintendent of the street and sewer department if approved by the mayor.

(R. O. 1960, ch. 32, § 1.)

Sec. 4-8. Same– application.

Every application for such permission shall be in writing, signed by the owner or by some person by him duly authorized in writing so to do and shall state:

(a) The dimensions of the building and the materials of its exterior and roof.

(b) The location from which and to which it is to be moved with street and number, if any, in each case.

(c) The use of which it has been and is to be applied.

(d) The route over which it is proposed to move the building.

(e) The trees and other property liable to injury upon the streets or ways through which the building is to be moved.

(f) Whether the moving will require the cutting of electric wires or the obstruction of street railway traffic.

Such application shall be accompanied by the written consent of the superintendent of the street and sewer department, the superintendent of wires and city forester and a written statement of the inspector of buildings that the proposed location and use will not be a violation of the laws and ordinances relating to buildings and if in his opinion the building is of sufficient strength to be safely moved.

(R. O. 1960, ch. 32, § 2.)

Sec. 4-9. Same– conditions of issuance.

No permit shall be granted for the moving of a building in the streets of the city until the requirements of the preceding section have been complied with. If granted, the permit shall be granted upon the following terms:

(a) That sufficient barriers and lights shall be maintained wherever the building is in the streets.

(b) That the streets shall not be unnecessarily obstructed and that, so far as possible, safe and convenient ways for the use of foot travelers and vehicles shall be maintained around the building.

(c) That all chimneys be removed down to the roof.

(d) That in case of injury or damage to a street, way or property caused by the moving of such building, the owner of such building shall at his own expense restore the streets, ways and property to a like condition as before such moving and to the satisfaction of the superintendent of the street and sewer department. The owner of such building shall hold the city harmless and indemnified from all loss, cost, damage, expense and liability on account of the moving of such building and shall give a bond to the city of not less than five hundred dollars satisfactory to the city solicitor thereof substantially in the following form:

KNOW ALL MEN BY THESE PRESENTS

That .... .... ....

are holden and stand firmly bound unto the City of Leominster a municipal corporation duly established according to law, situated in the county of Worcester and commonwealth of Massachusetts, in the sum of .... dollars to the payment of which to the said City of Leominster, its successors and assigns we hereby bind ourselves, our successors, heirs, executors and administrators.

The condition of this obligation is such that,

WHEREAS the said .... has been granted a permit for moving a building in the City of Leominster,

Now THEREFORE, the condition of this obligation is such that if the said .... .... to whom said permit has been granted shall keep and perform all the requirements of the ordinances of the City of Leominster relative to the moving of buildings, and of said permit, and save said city harmless and indemnified from all loss, damage or expense in consequence of the moving of said building and the occupation of ways therefor, then this obligation shall be void, otherwise it shall be and remain in full force and virtue.

IN WITNESS WHEREOF we hereunto set our hands and seals this day of A.D. 19

Signed and sealed in the presence of,
........
........

Approved .... City Solicitor of the City of Leominster

Approved .... Mayor of the City of Leominster

(e) That such permit shall not be in force until the bond required herein has been duly executed and approved by the mayor, nor until the owner in writing has signified his acceptance of the permit with all the requirements of this article.

(R. O. 1960, ch. 32, § 3.)

Sec. 4-10. Owner to comply with certain requirements.

The owner and all persons engaged in the moving of any building shall at all times during such removal observe the instructions relative thereto given by the superintendent of the street and sewer department without in any manner invalidating the bond required in the preceding section or involving such superintendent in any liability on account of such instructions.

(R. O. 1960, ch. 32, § 4.)

ARTICLE IV.
ENFORCEMENT AND NONCRIMINAL DISPOSITION.

Sec. 4-11. Enforcement of chapter.

The director of inspections is hereby authorized to enforce the provisions of this chapter.

(9-24-90.)

Sec. 4-12. Noncriminal disposition.

The director of inspections may, as an alternative to initiating criminal proceedings, seek the noncriminal disposition of violations of this chapter by following the procedure set forth in section 21D of chapter 40 of the General Laws. For the purpose of this section only, any person who violates any provision of this chapter shall be subject to a penalty of twenty-five dollars for each such violation. Each day such violation occurs or continues shall be a separate offense.

(9-24-90.)