Building Department

Section 1. The building department shall be under the charge of the building commissioner, who shall exercise the powers and perform the duties provided by statute, and may appoint not exceeding thirty building inspectors for duty in his department.

[St. 1907, c. 550; St, 1914, c. 782 and c. 795.]

Board of Appeal

Sect. 2. There shall be in the building department a board of appeal consisting of five members, who shall exercise the powers and perform the duties provided by statute.

[St. 1907, c. 550, Sects. 6 and 7.]

Board of Examiners

Sect. 3. There shall be in the building department a board of examiners, consisting of three members, who shall exercise the powers and perform the duties hereinafter provided. Each member shall receive ten dollars for every day or part thereof of actual service but not more than one thousand dollars in any year.

Examinations

Sect. 4. The board shall hold examinations, under reasonable rules and regulations adopted by it, of persons desiring to be registered as qualified to have charge or control of the construction, alteration, removal, or tearing down of buildings or structures. Due notice of such examinations shall be posted in the offices of the building department and of the board of examiners and published in the City Record.

Registration

The board shall establish various classes of persons to be registered, shall determine the qualifications required for each class, and after examination shall register in each class the persons found to possess the requisite qualifications therefor. The name and address of each person so found to be qualified, with the designation of the class in which he is registered, shall thereupon be certified by the board to the building commissioner who shall make a record of the same which shall be open to public inspection.

Qualifications of Persons in Control of Building Operations

Sect. 5. All work of construction, alteration, removal or tearing down of buildings or structures in the city of Boston shall, hereafter, be under the charge, control and personal supervision of a licensed mechanic, qualified by education, training or experience for the performance of that duty in a manner which shall preserve public safety and conform to the laws, ordinances, rules and regulations relating to the construction, alteration, removal or tearing down of buildings and structures in the city of Boston.

[R. O. 1914, c. 8; Ord. 1920, c. 10; Ord. 1921.]

Permits to Persons Licensed

Sect. 6. The qualifications of such persons shall be determined by the board of examiners, and no permit for the doing of work described in section five of this chapter shall be issued by the building commissioner unless the application for a permit therefor contains the name, address and signature of a person who is duly licensed, as herein provided, to take personal charge or control of such work; provided, however, that a permit may be granted if no person licensed as aforesaid has been named in the application therefor whenever the work in question is of minor importance, and, in the opinion of the building commissioner, stated in writing with his reasons therefor upon the application for such permit, the work is of such simple character that its execution will not endanger the safety of the public, or of any person engaged thereon.

Exemption from Examination

Sect. 7. Any person who shall by affidavit, together with such other evidence as may be required by the board, show to the board that he has had charge or control of the construction, alteration, removal or tearing down of buildings or structures in the class in which he applies to be registered, and shall satisfy the board that he is qualified by education, training or experience to have charge or control of such work, may, without any other examination, be registered in such class and be certified to the building commissioner as a person qualified within such class.

Fees for Building Licenses

Sect. 8. The board shall issue a license to each person so certified by the board to the building commissioner. All licenses hereafter issued, or issued less than one year prior to the passage of this ordinance shall expire in one year from the date of issuance; and all licenses issued more than one year prior to the passage of this ordinance shall expire on the date in the year 1921 corresponding to the date in the year of issuance. The board may renew a license upon any expiration thereof, for the further period of one year from the date of renewal, with or without re-examination, as the board may determine. The fees to be paid to the board for such licenses and renewals shall be as follows: new license - five (5) dollars; and each yearly renewal thereof two (2) dollars. The first renewal of a license heretofore granted - five dollars and each yearly renewal thereof two (2) dollars. Special license - one (1) dollar. The fees received by the board shall be paid to the city collector at least once a week.

Revocation of License

Sect. 9. A person who has been duly licensed as aforesaid shall be entitled to have charge or control of any work described in section five of this chapter, in the class in which he is registered, until his license is revoked or suspended by the building commissioner upon the order of the board. No license shall be revoked or suspended except upon proof of charges, filed with the board by the building commissioner or other person, specifying that the licensee has been careless or negligent in the performance of his duty in connection with work under his charge or control, or has caused or permitted a violation of the building laws in connection therewith, or that such laws have been violated in connection with such work when the licensee knew, or, in the exercise of due diligence, should have known, that such violation had occurred. Upon learning of such carelessness, or neglect of duty, or of such violation of law, the building commissioner shall file charges with the board and prosecute the same. Upon the filing of such charges by the building commissioner or other person, the board shall give to the licensee notice of a hearing upon the charges which shall be held by the board not less than seven days after the date of said notice. The notice shall be by personal service or by registered mail, and shall state the time and place of the hearing and contain a copy of the charges. At such hearing the licensee may be represented by counsel, and the building commissioner may be assisted by a representative of the law department of the city.

Stopping Work

Sect. 10. If, for any cause, a person licensed as herein provided shall cease to have charge or control of any-work described in section five of this chapter before such work is finished, the work shall stop until another person duly licensed for the doing of such work has been placed in charge thereof.

Penalty

Sect. 11. Whoever violates any provision of sections five, eight or ten of this chapter shall be punished by a fine of not more than fifty dollars for each offence.

[1920 Ord. amending Sect. 8. Ordained by authority of c. 713, Acts of 1912.]