[HISTORY: Adopted by the Town Meeting of
the Town of Southborough as Art. XIA of the 1983 Code. Amendments
noted where applicable.]
A.Â
The provisions of these regulations shall relate to
the construction, alteration and maintenance of buildings and other
structures within the limits of the Town of Southborough, County of
Worcester, except such as are owned and occupied by the United States
or owned and occupied by the Commonwealth of Massachusetts or by any
County, and also excepting bridges, quays and wharves.
B.Â
These regulations shall become effective upon acceptance
by the Town of Southborough, in accordance with the provisions of
MGL c. 143, § 3.
There shall be a Department, to be called the
"Building Department."
A.Â
The Office of Inspector of Buildings is hereby established.
B.Â
The Inspector of Buildings shall be appointed for
a three-year term, and may, at pleasure, be removed by the Select
Board, who shall fix his salary and provide for reimbursement of his
incidental expenses in the performance of his duties.
[Amended 4-8-1985 ATM by Art. 45; 11-1-2021 STM by Art. 2]
C.Â
No person shall be appointed as Inspector of Buildings
who has not had at least five years' experience as a builder, civil
engineer or architect or as a superintendent, foreman or competent
mechanic in charge of construction.
D.Â
The Inspector of Buildings shall enforce all laws
and regulations relating to the construction, alteration, repair,
removal, demolition, equipment use and occupancy, location and maintenance
of buildings and structures, except as may otherwise be provided.
He shall inspect all building operations within the Town and shall
have the right of entry at reasonable hours. He shall require that
all workmanship and all building materials shall be of good quality,
and that types and methods of construction shall be in accordance
with generally accepted standards of engineering practice, as defined
by the Board of Standards Basic Principles of Building Construction,
and not inconsistent with law. In case of violation of these regulations,
he shall order, in writing, the suspension of the work, which notice
shall state the conditions under which work may be resumed.
[Amended 11-1-2021 STM
by Art. 2]
The Inspector of Buildings shall keep records
of applications, permits issued, certificates issued, inspections,
reports and notices or orders issued. He shall make a report to the
Select Board annually and at such other times as requested by said
Board.
A.Â
It shall not be lawful to construct, alter, remove,
demolish or change the class of occupancy of any building or structure
without first filing with the Inspector of Buildings an application,
in writing, and obtaining a permit.
B.Â
An application for a permit shall be submitted in
such form as the Inspector of Buildings may prescribe and shall be
made by the owner or his duly authorized representative.
C.Â
Applications for permits shall be accompanied by such
plans, drawings and other data as the Inspector of Buildings may require.
When required by the Inspector of Buildings, there shall be filed
also a plot diagram, drawn to scale, showing the size and location
by dimension of the proposed new construction and other existing or
proposed structures on adjoining property within 10 feet of the property
lines.
D.Â
Nothing in this section shall prohibit the filing
of amendments to an application. Such amendments, after approval,
shall be filed with and be deemed a part of the original application.
In existing buildings, minor repairs may be made without filing an
application for obtaining a permit.
A.Â
It shall be the duty of the Inspector of Buildings
to act upon applications for a permit, plans or amendments thereto
without unreasonable or unnecessary delay.
B.Â
The Inspector of Buildings shall inspect all buildings
or structures during construction to see that the provisions of these
regulations are complied with and that the construction is prosecuted
safely.
C.Â
The fee required for a building permit shall be that
established by the Select Board.
[Amended 11-1-2021 STM
by Art. 2]
A.Â
It shall be unlawful to use or permit the use of any
building or premises or part thereof hereinafter created, erected,
changed or converted, wholly or partly, in its use or structure, until
a certificate of occupancy shall have been issued by the Inspector
of Buildings, certifying that the conditions of the permit have been
fulfilled in accordance with the provisions of these regulations.
B.Â
Upon request of the holder of a permit, or the owner,
the Inspector of Buildings may issue a temporary certificate of occupancy
for part of a building, provided that such temporary occupancy or
use would not jeopardize life, limb or property.
Upon notice of an unsafe building, the Inspector
of Buildings shall proceed in accordance with the provisions of MGL
c. 143, §§ 6 through 12, inclusive.
If no other penalty for violations is provided,
whoever violates any of the provisions of these regulations shall
be liable to a fine of not less than $50, nor more than $100.