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.
§ 4-2.11. Demolition delay.
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, fifty dollars, plus six dollars per appliance.
Commercial and industrial buildings, seventy-five dollars, plus ten dollars per appliance.
Church and schoolhouse, fifteen dollars, plus three dollars per appliance.
Residential pool heater, fifty dollars.
Commercial pool heater, seventy-five dollars.
Remodeling, repairs, renovations, alterations:
Single- and two-family
Gas Test: twenty dollars.
Plumbing: Basic, thirty-five dollars, plus six dollars per fixture.
Gas: Basic, thirty-five dollars, plus six dollars per appliance.
Residence commercial, three-family, and over:
Gas: thirty dollars.
Gas Test: fifty dollars.
Commercial Buildings:
Plumbing: Basic, fifty-five dollars, plus eight dollars per fixture.
Gas: Basic, fifty-five dollars, plus eight dollars per appliance.
Replacement of Hot Water Heaters: Twenty dollars per heater.
Replacement of Gas Appliances, Boilers, Furnaces, etc.: Twenty dollars per appliance.
Demolished Buildings:
Cap Server: Basic, fifty dollars.
Residential 2nd Water Meter: Fifty dollars, plus six dollars per fixture.
Commercial 2nd Water Meter: Fifty dollars, plus ten dollars per fixture.
Back Flow Preventer
Residential: Thirty-eight dollars.
Commercial: Forty dollars.
Lawn Sprinklers:
Residential: Forty-five dollars.
Commercial: Fifty-five dollars.
Re-Inspection: Fifty dollars per inspection.
Interpretation of fees:
All interpretations of the fee structure will be made by the appropriate division of the division of code enforcement. The interpretation of the director will be final. Inspection fees for designated use groups shall be as set forth in Table 106 of this ordinance. Any fee for an item not specifically listed in the manual will be determined by the division director and will be an official interpretation.
Inspection:
All inspections are by personal appointment only and shall be scheduled by the director.
(4-28-97: 6-13-05.)
(6-22-09; 11-23-09)
Sec. 4-2.1. Building permit fees.
(a) For a total estimated cost of up to one thousand dollars, a fee of twenty-two dollars;
(b) For a total estimated cost of each additional one thousand dollars or a portion thereof, a fee of seven dollars;
(c) For reinspection (being not ready when called for), a fee of fifty dollars per inspection.
(6-13-05.)
(6-22-09)
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 sixty-five dollars:
(2) For reinspection (being not ready when called for) a fee of fifty dollars per inspection.
(6-13-05.)
(6-22-09)
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-two dollars;
(2) For a total estimated cost of each additional one thousand dollars or portion thereof, a fee of eleven dollars;
(3) For reinspection (being not ready when called for) a fee of fifty dollars per inspection.
(6-13-05.)
(6-22-09)
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-two dollars;
(2) For reinspection (being not ready when called for) a fee of fifty dollars per inspection.
(6-13-05.)
(6-22-09)
Sec. 4-2.5. Solid fuel stoves, fireplaces and chimneys.
The following fees shall be charged:
(1) For each system, a fee of forty dollars;
(2) For reinspection (being not ready when called for) a fee of fifty dollars per inspection.
(6-13-05.)
(6-22-09)
Sec. 4-2.6. Electrical permit fees.
| Minimum fee | $45.00 |
| Temporary service | 45.00 |
| Alarm systems | |
| 1– 5 units | 45.00 |
| 6 units and above each add | 15.00 |
| Service charge | |
| 100 and 200 amp | 45.00 |
| over 200 amp | 80.00 |
| Maintenance permit | 155.00 |
| Reinspection fee, second one free, three or more | 65.00 |
Fees for work done in conjunction with a building permit shall be included with the building permit. Such fees shall be thirty-five percent of the building fee, or forty-five dollars, whichever is greater.
(6-13-05.)
(6-22-09)
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 one hundred fifty dollars;
(2) For multifamily, commercial and industrious buildings, a fee of three hundred dollars.
(6-13-05.)
(6-22-09)
Sec. 4-2.8. Penalty.
(a) For failure to apply for a permit before construction has started, all fees are doubled.
(6-13-05.)
(6-22-09)
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.)
(6-22-09)
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.)
Sec. 4-2.11. Demolition delay.
(a) Intent and purpose. The purpose of this section is to preserve and protect significant resources within the city of Leominster (the "city") which constitute or reflect distinctive features of the cultural, political, architectural or social history of the city and to limit the detrimental effect of demolition on the character of the city; to promote continued private ownership and utilization of such resources and encourage owners of such resources to seek out alternative options that will preserve; rehabilitate or restore such resources rather than demolish them; and to provide a reasonable time period for public notice and discussion by interested groups and individuals of means by which to preserve such resources. By preserving and protecting significant resources, this section promotes the public welfare by making the city a more attractive and desirable place in which to live and work while maintaining the cultural heritage of the city. When buildings and structures are involved, this section applies only to exteriors of buildings and structures.
(b) Definitions. For the purposes of this section, the following words and phrases shall have the meanings set forth below:
Applicant. Any person or entity who files an application for a demolition permit. If the applicant is not the owner of the premises upon which the resource is situated, the owners must indicate on or with the application his/her assent to the filing of the application.
Application. An application for the demolition of a resource.
Commission. The City of Leominster Historical Commission (LHC) or its designee.
Demolition. Any act of pulling down, destroying, removing, dismantling or razing any resource or any substantial portion thereof, or commencing the work of total or substantial destruction with the intent of completing same.
Demolition permit. A building permit issued by the director of inspections for the demolition of a resource, as required by the state building code or city ordinances.
Director of inspections. The director of inspections of the city of Leominster or other person authorized to issue demolition permits in the city.
Preferably preserved. Any significant resource which the LHC determines is in the public interest to be preserved rather than demolished. A preferably preserved resource is subject to the six-month demolition delay period of this ordinance.
Resource. Any combination of materials forming a shelter for persons, animals, property, and/or such other walls, fences, paths, statues, monuments, bridges, burial grounds or other combination of building materials, roads, parks and landscapes.
Significant resources. Any resource within the city which has been determined by the LHC or its designee based on any of the following criteria:
1. Listed on or is within an area listed on the National or State Registries of Historic Places or is the subject of a pending application or listing of historic places on said registries.
2. Found eligible for the National or State Registries of Historic Places.
3. Importantly associated with one or more historic persons or events or with the broad architectural, cultural, political, economic, or social history of the city of Leominster or the Commonwealth of Massachusetts.
4. Historically or architecturally important in terms of period, style, method of building construction.
Six-month delay period. The six-month period dated from the stamped receipt by the director of inspections of the application for a demolition permit.
(c) Procedure.
(1) No demolition permit for a resource shall be issued without following the provisions of this section.
(2) An application for a demolition permit will be made to the director of inspections who shall within ten business days forward a copy of demolition permit application to the LHC. The commission shall, within ten business days of receiving said application, determine whether a demolition plan review is required. If a demolition plan review is required, the applicant will supply to the LHC a written narrative that includes the following:
a. A lot plan showing the location of the resource to be demolished on the property with reference to neighboring properties.
b. The owner's name, address and telephone number.
c. A description of the resource to be demolished.
d. Reasons for the proposed demolition with supporting data.
e. A brief description of the proposed reuse, reconstruction or replacement.
f. Photographs of the resource (8" × 10").
g. GPS reading of the site.
(3) The commission shall within fifteen business days after receipt of the written, narrative, make a written determination of whether the resource is significant and shall so notify the director of inspections and applicant in writing. No demolition permit may be issued during this time.
(4) Upon determination by the commission that the resource is not significant, the commission shall so notify the director of inspections and applicant in writing. The director of inspections may then issue the demolition permit.
(5) Demolition plan review. If the commission finds that the resource is significant, it shall hold a public hearing within thirty days of the written notification to the director of inspections to determine the applicability of the delay procedure or the determination of non-applicability of the delay procedure. Public notice of the time, place and purpose of the hearing shall be advertised in the local newspaper and posted in city hall for a period of not less than seven days prior to the date of said hearing and the applicant and the director of inspections shall be notified in writing of the meeting time and place. The commission shall decide at the public hearing or within fifteen days after the public hearing whether the resource should be preferably preserved. If agreed to in writing by the applicant and the commission, the determination of the commission may be postponed.
(6) If the commission determines that the resource is preferably preserved the commission shall notify the director of inspections in writing of its decision and shall include: a description of the age, architectural style, historical association, and importance of the resource to be demolished. No demolition permit may then be issued for a period of six months from the date of the determination (after the date of the original application to the director of inspections) unless otherwise agreed to by the commission.
(7) If the commission determines that the resource is not preferably preserved, the commission shall so notify the director of inspections and applicant in writing. The director of inspections may then issue the demolition permit.
(8) Upon a determination by the commission that any resource which is the subject of an application is a preferably preserved resource, no building permit for new construction or alterations on the premises shall be issued for a period of six months from the date of the determination unless otherwise agreed to by the commission.
(9) The director of inspections may issue a demolition permit after the six-month demolition delay period has expired, provided the applicant has met all other prerequisites for the issuance of such a permit. Prerequisites are that reasonable attempts have been made and documented to:
a. Sell (list resource with licensed real estate broker).
b. Preserve, rehabilitate, or restore (documented estimates of preservation, rehabilitation, or restoration costs).
c. Relocate (documented cost to move resource).
d. Documentation has been provided to LHC and the director of inspections of the applicant's efforts to preserve, rehabilitate, restore, or relocate the resource.
e. A party (or parties) has not been located who has agreed to preserve, rehabilitate, restore, or relocate the resource.
f. The LHC has been satisfied that there is no likelihood that the owner or some other person or group is willing to purchase, preserve, rehabilitate, or restore such resource.
(d) Emergency demolition. Nothing in this section shall restrict the director of inspections or the fire chief from ordering the demolition of a significant resource determined to present a clear and present danger to the safety of the public, which only demolition can prevent. The director of inspections and/or fire chief shall prepare a report explaining the condition of the resource and the basis for the decision which shall be forwarded to the commission.
(e) Enforcement and remedies.
(1) The commission and/or the director of inspections are each specifically authorized to institute any and all actions and proceedings, in law or equity, as they may deem necessary and appropriate to obtain compliance with the requirements of this section or to prevent a threatened violation thereof.
(2) Any owner of a resource subject to this section that demolished the resource without first obtaining a demolition permit in accordance with the provisions of this ordinance shall be subject to a fine pursuant to section 1-7 of the Revised Ordinances. Each day the violation exists shall constitute a separate offense until a faithful restoration of the demolished resource is completed or unless otherwise agreed to by the commission.
(3) If a resource subject to this section is demolished without first obtaining a demolition permit, no building permit shall be issued for a period of two years from the date of the demolition on the subject parcel of land or any adjoining parcels of land under common ownership and control unless the building permit is for the faithful restoration referred to above or unless otherwise agreed to by the commission.
(4) Upon application for a demolition permit for a significant resource, the owner shall be responsible for properly securing the resource, if vacant, to the satisfaction of the director of inspections. Should the owner fail to secure the resource, the loss of such resource through fire or other cause shall be considered voluntary demolition for the purpose of that indicated above.
(f) Severability. In case any section, paragraph, or part of this section be for any reason declared invalid or unconstitutional by any court, every other section, paragraph, and part shall continue in full force and effect.
(7-12-10)
ARTICLE II. 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. 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.
DIRECTOR OF INSPECTIONS.
MOVING BUILDINGS.
| .... | .... |
| .... | .... |
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. Sec. 4-11. Enforcement of chapter.
The director of inspections is hereby authorized to enforce the provisions of this chapter.
ENFORCEMENT AND NONCRIMINAL DISPOSITION.