CSL Continuing Education

The Board of Building Regulations and Standards (BBRS) is pleased to announced that it will consider testimony pertaining to continuing education requirements for licensed construction supervisors during its November, 2009 public hearing. 

As background, for those who may not be familiar, the legislature recently authorized the BBRS to approve continuing education requirements for construction supervisor licensees.  The empowering legislation establishes a Continuing Education Council whose members are charged with developing continuing education requirements.  Rather than reinvent the wheel, council members looked towards other states for guidance in developing requirements for the commonwealth.  After reviewing procedures already in place in several other states, council members agreed to use Minnesota continuing education requirements as the model for Massachusetts.

Over the last several months, council members reviewed Minnesota requirements, word by word, line by line modifying their regulations to suit Massachusetts’ needs.  Conceptually, the proposed regulations work as follows:

A licensed construction supervisor must acquire a certain number of continuing education hours each 2 year renewal period based upon license category as identified below.

• Unrestricted Construction Supervisors License - 12 Hours
•  Restricted Construction Supervisors License - 10 Hours
•  Specialty Construction Supervisors License - 6 Hours
  Masonry, Roofing, Windows / Siding, Demolition, Burning Fuel, Insulation

 Courses, instructors and course coordinators are required to be approved by the BBRS in order to convene continuing education classes.

A licensee will have a host of methods available to choose from to achieve compliance.

A local technical college, for example, may apply for and receive approval to act as a course coordinator, then provide varied courses presented by instructors approved by the program regulations as part of their ongoing continuing education program.

Home builder associations may also apply for and receive approval as a coordinator and then hire approved instructors to present material as part of their regular monthly meetings as a service to their membership.

This is just a taste of what is intended by the proposed regulations.  Please review the proposed regulations in their entirety at the following link 780 CMR R5.  Continuing education criterion appears towards the end of the regulation under section 780 CMR R5.4.  Other red-lined changes are also proposed in the regulation, including:

• License categories are simplified and placed in a table format at the front of the regulation;
• Doors are included as part of Windows and Siding specialty license category;
• Language is included to address certain exemptions pertaining to certified building officials;
• Language is included for expanded license renewal grace periods.  

If Board members approve the continuing education requirements as presented at the public hearing, it is anticipated that the revised regulations will become effective in early 2010.  However, there will be a phase-in period before regulations revisions will affect a licensee.  During the phase-in period BBRS staff (in consultation with council members) will be afforded time to review and approve\deny education coordinators, course content and course instructors.

Simultaneous to this effort, the Department of Public Safety (parent to the BBRS) is undergoing modifications to its electronic license tracking program (known as e-licensing).  Expected software changes made during the e-licensing transition will significantly enhance the manner in which the Department receives and processes license data and other information.  Construction supervisor continuing education requirements is an integral part of the new e-licensing program.  Therefore, it is intended that CSL continuing education requirements will coincide with the implementation of the Department’s new, e-licensing system.

Please visit this website over the coming months for further information regarding continuing education requirements as well as e-licensing system improvements.

The Board of Building Regulations and Standards wishes to recognize and thank each member of the Continuing Education Council who are identified below and who dedicated their efforts to this task as well as BBRS staff person Kim Spencer who coordinated all efforts on behalf of council members.

ADVISORY COUNCIL MEMBERS

Robert Anderson - Designee for DPS Commissioner

Elizabeth Kovach - Home Builders Association of Massachusetts, Inc.

Scott Colwell - Home Builders Association of Massachusetts, Inc.

Roger Gallagher - National Association of the Remodeling Industry

Michael Mendoza - Inspector of Buildings, Town of Carver

Walter White - Local Inspector, Town of Brookline

James Andrews - Fitchburg State College

The Seventh Edition of the Code for Single and Two Family Dwellings 
 

The new Seventh Edition of the Code for Single and Two-Family Dwellings became effective on April 1, 2007.  Members of the Board of Building Regulations and Standards (Board) approved a nine (9) month concurrency period where, at his\her discretion, a code user was allowed to use either the Sixth or Seventh Edition of the Code when designing, building, renovating and\or adding to a single or two-family dwelling.  The concurrency period expired on December 31, 2007 and The Seventh Edition of the Code for Single and Two-Family Dwellings came into full force and effect on January 1, 2008.  Therefore, users are no longer allowed to use the Sixth Edition of the Code.

The Seventh Edition Code establishes some new construction license categories.  However, the Board has voted to delay implementation of these new categories until July 1, 2008 to allow for a sufficient phase-in period. New license categories include:

• Residential Roof Covering
• Residential Window and Siding 
• Residential Demolition Only and
• Residential Solid Fuel Burning Appliance Installation  

The Seventh Edition also allows for qualified licensees to be considered for “grandfathered” status which would allow an individual to receive a license in one or more of the new categories without taking an examination.  In order to apply for a grandfather license in one or more category, candidates must demonstrate sufficient experience in the specific category of license.  It is important to note that qualifications are submitted under pains and penalties of perjury.   Qualifications for each license category are defined on the Board’s Application for Grandfathered License as well as the new code.  Please be cautioned that the Board may revoke a license if it is determined that a candidate obtained a license by fraudulent means. 

In order to apply for a grandfathered license, please download and follow instructions to by visiting the BBRS website.  Candidates will have until the July 1, 2008 deadline to file for a license under the grandfather provisions.  Following the July 1, 2008 date, candidates will be required to take and pass a license examination. 

New License categories are considered to be subsets of the Board’s existing Construction Supervisor License and pertain only to work performed on single and\or two-family dwellings, whether new or existing.  The new categories are intended to establish a license hierarchy whereby a candidate with limited experience in a particular construction discipline may be eligible to receive a window and siding license, for instance, but may not be eligible for an Unrestricted License. 

Although eligibility requirements have not changed for the Board’s three existing license categories (Unrestricted, Restricted and Masonry Only), the method by which a candidate will be required to demonstrate compliance have changed and the Board has issued guidelines relating to what is considered acceptable vs. unacceptable experience for existing license categories.  In each category, license candidates will be required to present a letter of attestation identifying that the candidate possesses required minimum qualifications and will be required to categorize specific projects in which the candidate has been involved. 

Once fully implemented, the hierarchy categories and new license requirements will include:

Unrestricted License – The unrestricted license defines the highest category license.  Licensees in this category may perform all work as defined by the code for this level and work in any license category below.  Candidates are currently required to take and pass an examination to receive a license in this category.  Demonstration of qualifications for license will change as identified above beginning July 1, 2008.

Restricted License – The restricted license defines the second highest category license.  Licensees in this category may perform all work as defined by the code for this level and work in any license category below.  Candidates are currently required to take and pass an examination to receive a license in this category.  Demonstration of qualifications for license will change as identified above beginning July 1, 2008.

Masonry Only License – The masonry only is considered to be a specialty license.   Licensees in this category may perform only work as defined by the code for this level.  Candidates are currently required to take and pass an examination to receive a license in this category.  Demonstration of qualifications for license will change as identified above beginning July 1, 2008.

NEW - 

Residential Roof Covering License – The residential roof covering is considered to be a specialty license.   Licensees in this category may perform only work as defined by the code for this level.  Candidates will be required to demonstrate qualifications, take and pass an examination to receive a license in this category beginning July 1, 2008.

NEW - 

Residential Window and Siding License – The residential window and siding is considered to be a specialty license.   Licensees in this category may perform only work as defined by the code for this level.  Candidates will be required to demonstrate qualifications, take and pass an examination to receive a license in this category beginning July 1, 2008.

NEW -  

Residential Demolition Only License – The residential demolition only is considered to be a specialty license.   Licensees in this category may perform only work as defined by the code for this level.  Candidates will be required to demonstrate qualifications, take and pass an examination to receive a license in this category beginning July 1, 2008.

NEW - 

Residential Solid Fuel Burning Appliance Installation License – The residential solid fuel burning appliance installation is considered to be a specialty license.   Licensees in this category may perform only work as defined by the code for this level.  Candidates will be required to demonstrate qualifications, take and pass an examination to receive a license in this category beginning July 1, 2008.

Please visit the DPS website in the coming months for additional information regarding the new code, license categories and related information.

A 30 day comment period is now running through to 12/6/07 and the BBRS, at its 12/11/07 , will strive to vote the completed 7th Edition BASIC Building Code so that promulgation can occur as early as possible with a target of January 2008 and additionally, the BBRS will be asked to vote any acceptable amendments to the 7th Edition “1 & 2” Family Code so that Code will become the only “1 & 2” Family Building Code commencing in January, 2008.

FROM: Rob Anderson, DPS Chief of Inspections, Building Division

RE: CHANGE of EFFECTIVE DATE of SEVENTH EDITION OF THE CODE FOR SINGLE AND TWO-FAMILY DWELLINGS

Ladies and Gentlemen:

This message is forwarded to provide an update on the Seventh Edition of the Code for Single and Two-Family Dwellings, Construction Supervisor License (CSL) Exam categories and exam transition to the Seventh Edition of the Code.

As you are aware, the new Code for Single and Two-Family Dwellings became effective on April 1, 2007.  As is customary with the introduction of a new code, members of the Board of Building Regulations and Standards (Board) approved a six (6) month concurrency period where, at his\her option, a code user may choose to use either the Sixth or Seventh Edition of the Code when designing, building, renovating and\or adding to a single or two-family dwelling.  The six (6) month concurrency period is due to expire on October 1, 2007. 

In response to some concerns with regard to certain new code requirements, Board members have voted to extend the concurrency period until January 1, 2008.

The following is intended to provide guidance to building officials, home builders and other code users as well as CSL exam candidates and instructors as to what to expect with regard to the new code as time progresses.  It is presented in question and answer format for ease of use and understanding. 

From The Enterprise - Upper Cape Cod News and Information

Cape Builders Say Code Full of Hot Air

The purpose of this message is to provide an update on the status and
availability of the new code for single and two-family dwellings.
 
As many of you are aware, the Seventh Edition Building Code for Single
and Two-Family Dwellings has been approved by members of the Board of
Building Regulations and Standards.  The new code is currently only
available through the International Code Council (ICC) in its unofficial
version.  The official version of the new code will be available through
the office of the Secretary of the Commonwealth's, State House Bookstore
soon.  We have received several inquiries relative to this topic over
the last several weeks.  Please see a list of questions with responses
at the end of this message.
 
Also, please be aware that Compact Disc (CD) copies of the new Code for
Single and Two-Family Dwellings have been forwarded to the president of
each of the three (3) municipal building official organizations (SEMBOA,
MBCIA and BOWM) for distribution to organization members.   Organization
presidents (or their designee) will make arrangements to distribute one
CD copy to each municipal department.  CD's will be mailed to each
building department located on Martha's Vineyard and Nantucket.
 
In addition to the CD copy of the new code for single and two-family
dwellings, organization presidents will distribute a CD of the ICC's
Code Commentary for the 2006 Version of the International Building Code.
Please note that the commentary is provided for purposes of reference
only; it is not to be considered the new code (remember the new code is
based on the 2003 ICC codes).  However, like any commentary language, it
may provide guidance as to the meaning or intent of a particular code
section. 
 
Please see questions and answers below and attachment above for more
information about the new code.
 
It is hoped that this information is helpful.
 
Sincerely,
 
Rob Anderson
Chief of Inspections - DPS Building Division

QUESTIONS & ANSWERS (received by DPS regarding the new code)

1. What do you think the EFFECTIVE DATE of the 7th EDITION will be?
 
The effective date has not been determined yet. 
 
The Seventh Edition Single and Two-Family Dwelling Code has been
approved by members of the Board of Building Regulations and Standards
and is currently available through the International Code Council (ICC).
The ICC document is the unofficial version of the code.  The official
version will be published by the Secretary of the Commonwealth and will
be available through the State House Bookstore soon. 
 
Content of the official version and the unofficial version is identical.
A builder and\or designer may use either version to design and\or
construct a single or two-family home.  Only the official version may be
used as evidence in a court of law, otherwise, except for style (font
type, etc. each code is the same).
 
At this time it is not known exactly when the official version will be
published.  When available, it may be purchased at the State House
Bookstore (617) 727-2834. 
 
2. Am I correct to believe that the 6th EDITION will run parallel to the
7th EDITION for a period of 180 days from the EFFECTIVE DATE of the 7th
EDITION?
 
That is correct; a sixth month overlap period will be afforded once
adopted.  The effective date is determined by the Secretary of the
Commonwealth, not this agency.  Again, at this point, the effective date
is not known. 
 
3. Will the 7th EDITION contain:
    -RESIDENTIAL CONSTRUCTION ONLY? Is Residential Construction defined
as 1 and 2 Family Homes or does it include all residential construction
regardless of number of living units?
 
Single and two-family only.
 
    -COMMERCIAL CONSTRUCTION ONLY?
 
The seventh edition commercial code for all other building types (other
than single and two-family homes) will be presented at public hearing
later in the year (and will be based on the 2003 International Building
Code).
 
    -MECHANICAL CONSTRUCTION ONLY?
 
Reference is made (in the new single and two-family code) to the 2003
International Mechanical Code as well as the Massachusetts Plumbing and
Electrical Code. Also, Chapters 60 through 92 refer to various
appliances such as heating and cooling equipment and exhaust systems
(see attachment for information on the revised numbering system).
 
    -OR ALL 3 OF THE ABOVE CONSTRUCTION TYPES?
 
See above.
 
    -OR ONLY SELECTED TYPES OF CONSTRUCTION? If so, which construction
types will the 7th EDITION contain?
 
 See above.
 
4. If the 7th EDITION contains only RESIDENTIAL CONSTRUCTION, for
example, are their other sections of the existing 6th EDITION
Massachusetts Building Code that must be purchased to obtain a complete
Massachusetts Building Code book? If so, what other sections must be
purchased? Where might these additional sections be purchased?
 
The code has been divided in two parts to mimic the ICC format.   The
current, Sixth Edition will be used for all building types other than
single and two-family homes until such time as the new (seventh edition)
commercial code is available.  Once the new commercial code is
available, the code set will be Seventh Edition Single and Two-Family
Dwelling Code and Seventh Edition Commercial (or what we refer to as the
Base Code).  Until that time, the set will be Seventh Edition Single and
Two-Family Dwelling Code and current Sixth Edition Mass. Code.
 
5. When might printed copies of the 7th EDITION of the Massachusetts
Building Code be available for public purchase?
 
See response to items one 1 and 2 above.
 
6. What is the purchase price of the 7th EDITION of the Massachusetts
Building Code?
 
See ICC website - www.iccsafe.org/store for ICC price.  The Secretary of
the Commonwealth will establish a price for the official version once
available.
 
7. Will it be available for purchase through the Commonwealth of
Massachusetts Bookstore; or, must it be purchased via some outside
vendor? If so, from whom must/can it be purchased?
 
See above responses.
 

• Aetna US Health
• Fallon Healthcare System
• Harvard Pilgrim Healthcare
• Health New England
• Neighborhood Health Plan
• Tufts Health Plan
• United Healthcare
• Delta Dental (for groups of two or more)

On May 19, 2004, the Supreme Judicial Court of Massachusetts overturned Barnstable Superior Court Judge Nickerson’s decision that the “Barnstable DCPC is beyond the statutory criteria for a DCPC”.

The HBACC challenged the Town of Barnstable’s designation based on what we felt was a blatant misuse of the District of Critical Planning Concern “tool” by designating the entire Town of Barnstable, and not defining specific, significant, resource areas of critical value to the region, to be protected. Other specifically defined districts in other towns have been unopposed by the Association. The HBACC believes the use of a “DCPC” by the Town of Barnstable to circumvent grandfathered property rights on an estimated 700 lots is an unnecessary and unfair burden to those individual property owners affected by this action.

The resources identified in the Barnstable DCPC nomination were economic, affordable housing and infrastructure. These “resources” were clearly the reasons for the DCPC nomination as presented by the town and the Cape Cod Commission to Judge Nickerson in the Barnstable Superior Court hearing. As stated in Judge Nickerson’s ruling in our favor, “The Commissions’ own regulations and guidelines support the finding of this court”. The SJC chose to ignore resolving our legal objection to the nomination based on the stated economic resources. Instead the SJC chose to only focus on a motion for a summary judgment by the Cape Cod Commission that the “Barnstable DCPC also preserves and maintains the sole source aquifer, shared by all communities on the Cape”. This ruling opens the Pandora’s Box for every town to nominate their entire town a DCPC.

The use of a DCPC creates a loss of "grandfathering" of existing lots and uses, since the regulations created under the DCPC process are not subject to state zoning and subdivision “grandfathering” statutes. Further more DCPCs are treated so significantly that the designation of an area as a DCPC freezes all permitting, both new construction and remodeling, within the area until zoning changes are then proposed and voted at Town Meeting. After town meeting approval, Cape Cod Commission approval is also required. During the DCPC process, which can exceed 24 months, property owners lose their ability to protect their rights to develop or improve their properties.

Construction is a significant part of our local Cape economy, and the cost of building continues to increase as more “no growth” regulations are enacted. Unless we can advocate for housing opportunity, housing prices across the state threaten our economic prosperity. It is vitally important that we establish an effective voice in order to play a critical role in addressing Cape Cod’s housing issues. The HBACC is committed to ensuring our industry a voice in the regulatory processes, educating the public, and advance a pro-housing agenda. I urge you to get involved today.

Elizabeth. C. Kovach, President

The Home Builders Association of Cape Cod, Inc.

The Supreme Judicial Court for the Commonwealth transferred our pending legal case appeal from the MA Appeals Court to its own court. The Cape Cod Commission and the Town of Barnstable appealed the Barnstable Superior Court judgment that the use of a town wide District of Critical Planning Concern (DCPC) was illegal. Oral arguments were heard March 4. Our case will set the precedence for the use of town wide DCPC’s. The legal issue is whether the DCPC may be used to regulate an area that does not meet the definitional requirement of containing a critical resource or value (an entire town); and whether a DCPC may be used to address general zoning, planning and growth management concerns. We believe that DCPC’s are meant to encompass small, clearly defined fragile areas of the Cape. A DCPC designation freezes all permitting within the “District” and eliminates all grand-fathered rights of property owners in the “District”. A DCPC designation also has the effect of instituting an immediate building moratoria in the “District” until zoning changes are then proposed and voted on at Town Meeting.

Buying a first home has long been an exciting right of passage for young families and working couples looking to establish roots in a community.   But for those Massachusetts residents who are beginning the search process, the sense of excitement is quickly replaced by concern that the years of saving for a down payment may not be enough for a small home and yard to call their own – even with historically low interest rates. 

A quick glance at the Sunday real estate section explains why the sense of excitement so rapidly turns to dread:  two to three bedroom homes in Eastern Massachusetts with starting prices close to $500,000! 

Why are housing costs in Massachusetts so high?  Is it because of the high quality of life and excellent schools?  Easy access to cultural and business opportunities?  While these are all reason why people want to live in Massachusetts, they are only a small party of why demand is so much higher than supply.

The fact is, the Massachusetts housing market has been hobbled by a shortage of housing in the face of great demand. Development of new housing units has been stymied by complex local regulations and administrative red tape. A mere 16,875 new units of housing were reported to be constructed between January and December of 2002, according to the state Office of Housing and Community Development—for Massachusetts’ more than 6.3 million residents.

In 2003, Massachusetts single family home permits declined by 3%, while nationally single family permits increased by 9.2%.  It’s hard to imagine such a decline in new supply in a overheated housing  market where the average price for a single-family home reached $373,437 last year, a 7.9 percent increase above the record set in 2002 of $346,019. 

In addition to the problems created by the relatively small number of new homes that are being built, there is the matter of what type of housing is being constructed.  According to a recent Audubon Society Report, the average living area for new homes increased 44 percent between 1970 and 2002, while average lot sizes increased 47 percent in the same period.  At the same time, the state has seen little or no growth in single-family housing starts, residential development represents a growing proportion of land consumption.

Are lot sizes large because developers prefer mansions?  Absolutely not.  Unfortunately, many communities have created acre-plus minimum lot sizes actually to discourage new housing construct.   According to Audubon, 96 municipalities had at least some land zoned with two-acre minimum lot-size requirements – which actually encourage the sprawl and large houses most communities profess to hate. 

The members of the Home Builders Association of Massachusetts are firm supporters of smart growth initiatives. In 2000, we sponsored a new law authorizing communities to adopt cluster zoning (placing houses on smaller lots to allow for the preservation of nearby open space).  Unfortunately, only one community in the entire state chose to adopt this legislation.

In today’s world, a 40-acre lot (the amount of open space being used for new development each day according to the Audubon Society) would yield a maximum of 30 to 40 homes under most existing zoning laws.  If cities and towns adopted cluster zoning, 20 acres could be used to support from 60 to 80 new homes (on quarter acre lots much like those many of us grew up in) and the remaining 20-acres could be set aside as permanent open space.

Unfortunately, the Not-in-My-Back-Yard (NIMBY) crowd tends to vehemently oppose such developments, despite their benefits in terms of preserving open space and creating new housing.

If town mothers and fathers who fight dense, clustered developments and create the restrictive zoning laws that keep new housing from being built in a thoughtful and coordinated way continue down this past, they can rest assured that the only results will be negative – sprawl, loss of open space and non-existing housing opportunities for their own children.  As such, the only open space they are likely to see will be in the oversized backyards of houses very few people can afford.

Recently released census bureau data shows that MA lags behind nation;

Home Builders say local obstacles block housing development, resulting in higher prices.
Click here to read the whole story.

Notices of Appeal on behalf of the Cape Cod Commission and the Town of Barnstable were filed on February 7, 2003 regarding the Home Builders Association of Cape Cod, Inc., et al. v. Cape Cod Commission, et al legal case. By March 3, 2003 the Commonwealth of Massachusetts Appeals Court entered the case to the docket.  The Cape Cod Commission and the Town of Barnstable have submitted their briefs and the HBACC has responded. A hearing date has not been set yet.

Our case is significant on the national level because these land use and planning “Commissions” and DCPC mechanisms are springing up in jurisdictions across the United States. They must be scrutinized carefully, and if unlawfully advanced, as in the Town of Barnstable’s instance, opposed on a state, as well as a national level, in as strong and concerted an effort as is possible. The HBACC has received support from both the NAHB and the Home Builders Association of Massachusetts Public policy Fund and we are confident that with backing from all levels we will prevail.

Assembly subcommittee members want the commission to focus on how Barnstable's goals are not addressed by the town's local comprehensive plan, economic impacts of the proposed district, the effect on other towns on the Cape, and a more specific definition of "critical."

"The town has all the tools it needs in the local comprehensive plan," said delegate Paul Lebel of Barnstable. "My fear is that we are going to be precedent-setting and this will be an easy tool for all of the other 14 towns."

• NO due process
• NO town control
• NO grandfathering

We are asking members of the Cape’s building industry for financial support in our legal fight to stop town-wide DCPC's.
Please mail your support to:
The HBA of CC Legal Fund
PO Box 2795
Orleans, MA 02653

Cape Cod Commission DCPC document

Last week the town of Wellfleet submitted an application to the Cape Cod Commission requesting the entire town be made into a DCPC, which would create a moratorium on building. Under a building moratorium, no permits can be granted for new home construction and renovation work, including decks and septic systems, for up to 45 days.

In court yesterday, Commission attorney Eric Woodlinger said the moratorium does not cover the whole town, of Wellfleet, but "only properties that can be subdivided or that sit within 250 feet of Wellfleet Harbor or its tributary creeks." Nickerson clarified that there should be no moratorium on building permits for construction on land that is not able to be subdivided or within 250 feet of Wellfleet Harbor or its tributary creeks. If permits for areas outside of those areas are not issued, then Nickerson said he would revisit the case. It was not clear what land is excluded from the building moratorium.