Town of Arlington
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Title VI - Building Regulations
ARTICLE 1
ELECTRICAL CODE AND WIRE INSPECTION
Section 1. Electrical Code
The Electrical Code for the Town shall be the Commonwealth of Massachusetts State Electrical Code, 527 CMR 12.00, its referenced codes and standards, and M.G.L.c.143 as from time to time amended.Section 2. Installation and Maintenance
The installation and maintenance of all wires shall be under the supervision of the Inspector of Wires, and all wires and structures supporting or carrying the same, and all devices connected thereto shall be in accordance with the latest edition of the Commonwealth of Massachusetts State Electrical Code.Section 3. Poles
A. Location and Identification No two lines of poles bearing conductors of a like class may be erected on any street, avenue or square, and no two lines of poles may be erected on the same side of any street, avenue or square. Poles shall be set in the sidewalk not less than ten inches from the outer side of the curb line and shall not be located within less than ten feet of any lamp post or any other pole, except when they are designed to carry wires on streets running at an angle to each other nor less than four feet of any catch basin or hydrant. All poles shall be suitably painted and kept in good condition to the satisfaction of the Inspector of Wires, and they shall be stenciled, marked or branded with the owner’s name or initials at a point not less than five nor more than seven feet from the ground.B. Spacing and Size Where possible, all poles must be uniformly spaced, and of a uniform height, and shall not be more than one hundred and eighty feet apart. No pole less than thirty-five feet long shall be set in the streets of the Town, except poles for trolley span wires and poles used as ornamental lighting standards. All poles, except those used for ornamental lighting, shall be set not less than five feet in the ground under ordinary soil conditions and shall be stepped commencing eight feet from the sidewalk, such steps to be parallel with the sidewalk curbstone.
Deviations from the rule may be permitted by the Inspector of Wires. Poles shall be set on lot lines or in positions which will cause a minimum interference with private driveways or walks. Extensions must not be made on any pole without the approval of the Inspector of Wires.
The first gain on every pole which in accordance with the provisions of the National Electrical Safety Code would be designated for Class C circuits shall be reserved for the use of the signal wires of the Town.
C. Cross Arms Cross arms shall be painted with at least two coats of an approved paint. The name or initials of the owner shall be plainly indicated on every cross arm attached to a pole within the Town by the use of a suitable tag or by painting, stenciling or branding them. Where wires of different ownership occupy the same cross arm, suitable tags bearing the name of the owner shall be attached to such wires at or near the insulator.
D. Pole Use No staple, ring, chain or other device shall be driven into or fastened to any pole for any purpose other than as required for the proper installation and maintenance of a pole and its attachments. No person shall deface any pole by the use of a linemen’s spurs or otherwise below the lowest cross arm.
E. Replacement Poles New poles shall not be brought onto any street more than two days in advance of the time they are to be set and when old poles are taken down they must be removed from the street the same day. Old poles temporarily lashed or fastened to new poles pending the transfer of wires must be removed within thirty days of installation of new pole. When pole locations are abandoned a report of the same shall be made to the Inspector of Wires as soon as the work is completed.
Section 4. Clearance of Wires
The first point of attachment to buildings of wires for light, heat or power service shall be not less than nine feet above the ground, or any platform, or structure on which a person may stand. All such wiring attached to and carried along the outside of any building shall be enclosed in an approved iron conduit.ARTICLE 2
FIRE PREVENTION CODE
(ART. 27, ATM – 05/09/01)Section 1. Fire Protection Code
The Fire Prevention Code of the Town shall be the Commonwealth of Massachusetts Board of Fire Prevention Regulations, 527 CMR as from time to time amended or superseded by subsequent additions and M.G.L. c.148, Fire Prevention.Section 2. Participation of Fire and Support Services
A. Master Alarm Boxes The master fire alarm box shall conform to Director of Fire and Support Services specifications. Where there is more than one multiple dwelling located so as to form a complex, one (1) master fire alarm box may be used provided that each building has its own annunciator panel with a visible flashing red light mounted near the main entrance; the light must indicate the location of the building sending in the alarm.B. System Approval A complete set of plans for fire protection systems with a list of specifications shall be furnished to the Director of Fire and Support Services for approval. The approval of the type of system will be required before any interior wall sheathing is commenced. Said Director shall make available a complete list of specifications and regulations governing fire protection systems which are to be connected to the Arlington municipal fire alarm system.
Section 3. Nuisance Fire Alarms
(ART. 15, ATM – 4/28/10)A. Definitions.
“Malicious Fire Alarm Activation” shall mean any intentional manual activation of any fire alarm system by someone without a reasonable belief that a fire or other emergency situation requires assistance.
“Nuisance Fire Alarm Activation” shall mean any activation of an automatic fire alarm system caused by (i) mechanical failure or malfunction; (ii) improper installation; (iii) insufficient or improper maintenance, including failure to disable alarm system before starting work; or (iv) improper use. “Nuisance Fire Alarm Activation” shall include recurrent or otherwise reasonably foreseeable Malicious Fire Alarm Activation that the Responsible Alarm User has failed to take reasonable steps to prevent.
“Responsible Alarm User” shall mean the owner, tenant, or manager of any commercial or residential property equipped with an automatic fire alarm system.
B. Penalties for Nuisance Fire Alarm Activation.
The following penalties shall be assessed on the Responsible Alarm User or Users for Nuisance Fire Alarm Activations occurring within one calendar year.
First Occurrence: oral warning
Second Occurrence: oral or written warning
Third Occurrence: $50
Fourth Occurrence: $100
Fifth Occurrence: $200
Sixth and Subsequent Occurrences: $300
A series of Nuisance Fire Alarm Activations occurring within 8 hours and attributable to the same cause or occurring under circumstances attributable to the same cause beyond the control of the Responsible Alarm User shall be considered one occurrence of a Nuisance Fire Alarm Activation.
Any third or subsequent occurrence may be treated as a second occurrence if, in the reasonable judgment of the Fire Chief or the Chief’s designee, the totality of the circumstances warrant such treatment.
Any failure by the enforcing authority to issue a written warning for a second occurrence shall not bar the imposition of monetary penalties for a third or subsequent occurrence.
C. Exemptions. No fine shall be assessed and no warning shall be given for fire alarm activations attributable to the following causes: (i) an actual fire; (ii) smoke from a source such as burning food or overheating in a motor, electrical appliance, or other equipment; or (iii) activation of a manual pull station by someone with reasonable cause to believe such activation is warranted by an emergency situation.
D. Penalties for Malicious Fire Alarm Activation. A fine of $300 shall be assessed for every instance of Malicious Fire Alarm Activation.
E. Enforcement. In addition to the enforcing authority set forth elsewhere in these Bylaws, the enforcing authority for this section shall be the Arlington Fire Chief or the Chief’s designee. Enforcement of this section shall be through the non-criminal disposition procedure set forth in Section 21D of Chapter 40 of the General Laws or by criminal indictment or complaint under Section 21 of Chapter 40 of the General Laws.
ARTICLE 3
BUILDING CODE
Section 1. Building Code
(ART. 27, ATM – 05/09/01)
The Town of Arlington is governed by the Commonwealth of Massachusetts State Building Code, 780 CMR, 6th Edition, now and as from time to time amended or is superseded by subsequent editions, its Referenced Codes and Standards, and M.G.L. c.143.
Section 2. Specialized Stretch Energy Code
(ART. 10, ATM - 04/24/23)
A. Definitions
International Energy Conservation Code (IECC) – The International Energy Conservation Code (IECC) is a building energy code created by the International Code Council. It is a model code adopted by many state and municipal governments in the United States for the establishment of minimum design and construction requirements for energy efficiency, and is updated on a three-year cycle. The baseline energy conservation requirements of the MA State Building Code are the IECC with Massachusetts amendments, as approved by the Board of Building Regulations and Standards and published in state regulations as part of 780 CMR.
Specialized Energy Code – Codified by the entirety of 225 CMR 22 and 23 including Appendices RC and CC, the Specialized Energy Code adds residential and commercial appendices to the Massachusetts Stretch Energy Code, based on amendments to the respective net-zero appendices of the International Energy Conservation Code (IECC) to incorporate the energy efficiency of the Stretch energy code and further reduce the climate impacts of buildings built to this code, with the goal of achieving net-zero greenhouse gas emissions from the buildings sector no later than 2050.
Stretch Energy Code – Codified by the combination of 225 CMR 22 and 23 1 , not including Appendices RC and CC, the Stretch Energy Code is a comprehensive set of amendments to the International Energy Conservation Code (IECC) seeking to achieve all lifecycle cost-effective energy efficiency in accordance with the Green Communities Act of 2008, as well as to reduce the climate impacts of buildings built to this code.
B. Purpose
The purpose of 225 CMR 22.00 and 23.00 including Appendices RC and CC, also referred to as the Specialized Energy Code is to provide a more energy efficient and low greenhouse gas emissions alternative to the Stretch Energy Code or the baseline Massachusetts Energy Code, applicable to the relevant sections of the building code for both new construction and existing buildings.
C. Applicability
This energy code applies to residential and commercial buildings.
D. Specialized Code Incorporated Herein
The Specialized Code, as codified by the entirety of 225 CMR 22 and 23 including Appendices RC and CC, including any future editions, amendments, or modifications, is herein incorporated by reference into Title VI of the Town of Arlington Bylaws. The Specialized Code is enforceable by the inspector of buildings or building commissioner.
ARTICLE 4
PLUMBING AND FUEL GAS CODE
The Plumbing and Gas Fitting Code for the Town shall be the Commonwealth of Massachusetts State Plumbing and Fuel Gas Code, 248 CMR, its referenced codes and standards, and M.G.L.c.142.
ARTICLE 5
BOARD OF BUILDING APPEALS
Section 1. Board of Building Appeals Established
A Board of Building Appeals is hereby established to consist of three members to be appointed by the Select Board, who shall designate the Chairperson. All members of the Select Board shall be residents of the Town of Arlington, and one member thereof shall be an attorney-at-law, and at least one of the remaining members shall be an architect, civil engineer, or master builder.The appointments first made shall be for the term of one, two, and three years respectively, so that the terms of one member shall expire each year. All subsequent appointments shall be for the term of three years. The Select Board shall also appoint each year an associate member for the term of one year.
No member shall act in any case in which they shall be interested, and in case any member shall be so disqualified, or because of absence from the Town, or any other case, they shall be unable to act, the remaining member shall, in a written statement, filed with the department, so certify, and the associate member shall act. Whenever said associate member shall serve, they shall have all the powers conferred upon a regular member. If two or more members are absent or disqualified, the Select Board may appoint substitutes to act during such absence of disqualification.
Each member of the Select Board shall be paid ten dollars ($10.00) per meeting for actual service, but in no one year shall the total amount received by any one member exceed $200.00.
Every decision of the Select Board shall be in writing and shall require the assent of at least two members (except as otherwise provided herein) and a copy thereof shall be filed forthwith in the office of Inspector of Buildings where a copy of the decision shall be kept publicly for at least two weeks.
Section 2. Procedure for Appeals
(ART. 27, ATM – 05/09/01)Any applicant for a permit whose application has been refused by the Inspector of Buildings, or any person who has been ordered by the Inspector of Buildings to incur expense in connection with a structure, or any person dissatisfied with the decision of the Inspector of Buildings on a matter left by the Building Code to the Inspector’s approval or discretion, may appeal therefrom to the Board of Building Appeals within 45 days from the date of said refusal, order, or decision as provided for in the State Building Code as amended.
After notice is given to such parties as the Board shall order, a public hearing shall be had and the Board shall affirm, annul or modify such refusal, order, or decision. If the action of the Inspector of Buildings is modified or annulled, the Inspector of Buildings shall issue a permit or order in accordance with the decision of the Board.
Section 3. Variations in Specific Cases
(ART. 27, ATM – 05/09/01)The Board of Building Appeals may vary the provisions of the Building Code, in cases wherein its enforcement would involve practical difficulties or unnecessary hardship and wherein desirable relief may be granted without substantially derogating from intent and purpose of the Building Code but not otherwise.
The decision in such cases shall be unanimous and shall specify the variations allowed and the reasons therefore; and shall be filed in the office of the Inspector of Buildings within ten days after the hearing. A certified copy shall be sent by mail or otherwise to the applicant.
ARTICLE 6
HISTORICALLY OR ARCHITECTURALLY
SIGNIFICANT BUILDINGS
Section 1. Intent and Purpose
This Bylaw is adopted for the purpose of preserving and protecting, through advance notice of their proposed demolition, significant buildings within the Town which constitute or reflect distinctive features of the architectural, cultural, political, economic or social history of the Town, to encourage owners of preferably-preserved significant buildings to seek out persons who might be willing to purchase and to preserve, rehabilitate, or restore such buildings rather than demolish them, and by furthering these purposes to promote the public welfare, to preserve the resources of the Town, and to make the Town a more attractive and desirable place in which to live. To achieve these purposes, the Arlington Historical Commission is empowered to advise the Arlington Building Inspector with respect to the issuance of permits for demolition, and the issuance of demolition permits for significant buildings is regulated as provided in this Bylaw.Section 2. Definitions
(ART 24, ATM – 05/01/89) (ART. 31, ATM – 04/25/90)The following terms, when used whether or not capitalized in this Bylaw, shall have the meanings set forth below, unless the context otherwise requires.
A. "Building" Any combination of materials forming a shelter for persons, animals or property
B. "Significant Building" any building:
1. which is listed on, or is within an area listed on, the National Register of Historic Places, or which is the subject of a pending application for listing on said National Register, or
2. which is or has been listed on an Inventory provided to the Building Inspector by the Commission
C. "Preferably-Preserved Significant Building" - any significant building which the Commission determines is in the public interest to be preserved or rehabilitated rather than to be demolished
D. "Commission" - the Arlington Historical Commission
E. "Commission Staff" - the chairperson of the Commission, or any person to whom the chairperson has delegated authority to act as Commission staff under this Bylaw
F. "Inventory" - a list of buildings on file at the Massachusetts Historical Commission that have been designated by the Commission to be significant buildings after a finding by the Commission that a building either
1. is importantly associated with one or more historic persons or events, or with the broad architectural, cultural, political, economic or social history of the Town or Commonwealth, or
2. is historically or architecturally significant (in terms of period, style, method of building construction, or association with a famous architect or builder) either by itself or in the context of a group of buildings
G. "Building Inspector" - the person occupying the office of Building Inspector or otherwise authorized to issue demolition permits
H. "Application" - an application for a permit for the demolition of
a building which shall include a photograph of the building taken within the past year
I. "Permit" - A permit issued by the Building Inspector for demolition of a building pursuant to an application therefor
J. "Demolition" - the act of pulling down, destroying, removing, or razing a building, or commencing the work of total or substantial destruction with the intent of completing the same. A structure is considered to be demolished if it is destroyed due to the owner's failure to maintain a watertight and secure structure. A structure shall also be considered to be demolished if more than twenty-five percent (25%) of the front or side elevations are removed or covered. Each elevation shall be calculated separately
K. "Business Day" - a day which is not a legal municipal holiday, Saturday or Sunday
Section 3. Procedure
(ART. 24, ATM – 05/01/89) (ART. 31, ATM – 04/25/90)A. The Building Inspector, on the day of receipt of an application for demolition of a listed significant building or within the next five successive business days, shall cause a copy of each such application for a demolition permit to be forwarded to (or shall satisfy themself that a duplicate of such application has been submitted to) the Commission.
No demolition permit shall be issued at that time. Within five business days of the receipt by the Building Inspector of said application they shall personally inspect the site of the proposed demolition to verify the accuracy of the information contained in the application with particular attention to the correctness of the address listed.
B. The Commission shall fix a reasonable time, within 30 days of receiving a copy of such application, for a hearing on any application and shall give public notice thereof by publishing notice of time, place, and purpose of the hearing in a local newspaper at least fourteen days before said hearing and also, within seven days of said hearing, mail a copy of said notice to the applicant, to the owners of all property deemed by the Commission to be affected thereby as they appear on the most recent local tax list, to the Arlington Historic Districts Commission and to such other persons as the Commission shall deem entitled to notice.
C. If, after such hearing, the Commission determines that the demolition of the significant building would not be detrimental to the historical or architectural heritage or resources of the Town, the Commission shall so notify the Building Inspector within ten (10) days of such determination. Upon receipt of such notification, or after the expiration of fifteen (15) days from the date of the conduct of the hearing if such person has not received notification from the Commission, the Building Inspector may, subject to the requirements of the State Building Code and any other applicable laws, bylaws, rules and regulations, issue the demolition permit.
D. If the Commission determines that the demolition of the significant building would be detrimental to the historical or architectural heritage or resources of the Town, such building shall be considered a preferably-preserved significant building.
E. Upon a determination by the Commission that the significant building which is the subject of the application for a demolition permit is a preferably-preserved significant building, the Commission shall so advise the applicant and the Building Inspector, and no demolition permit may be issued until at least twelve months after the date of the application for demolition.
F. Notwithstanding the preceding sentence, the Building Inspector may issue a demolition permit for a preferably-preserved significant building at any time after receipt of written advice from the Commission to the effect that either
1. the Commission is satisfied that there is no reasonable likelihood that either the owner or some other person or group is willing to purchase, preserve, rehabilitate or restore such building, or
2. the Commission is satisfied that for at least twelve months the
owner has made continuing bona fide and reasonable efforts to
locate a purchaser to preserve, rehabilitate and restore the subject building, and that such efforts have been unsuccessful.
G. No permit for erection of a new structure on the site of an existing significant building may be issued prior to issuance of a permit for demolition of such existing building.
H. No permit for erection of a new building, paving of drives or for parking shall be issued for two (2) years if a structure is demolished in violation of this bylaw.
Section 4. Emergency Demolition
Nothing in this article shall be construed to derogate in any way from the authority of the Inspector of Buildings derived from Chapter 143 of the General Laws. However, before acting pursuant to this chapter the Inspector of Buildings shall make every reasonable effort to inform the Chairperson of the Historical Commission of the Inspector’s intentions to cause demolition before the Inspector initiates same.Section 5. Historic Districts Act
Nothing in this bylaw shall be deemed to conflict with the provisions of the Historic Districts Act, General Laws, Chapter 40C, with respect to requirements as to notice, a hearing and issuance by the Arlington Historic District Commissions of a certificate of appropriateness, a certificate of non-applicability or a certificate of hardship prior to demolition of any building in an historic district, provided, however, that any temporary building erected or maintained in an historic district pursuant to a certificate issued by the Arlington Historic District Commissions may be demolished in a manner not inconsistent with the terms of said certificate.Section 6. Severability
If any section, paragraph or part of this Bylaw is for any reason declared invalid or unconstitutional by any court, every other section, paragraph and part shall continue in full force and effect.ARTICLE 7
NOTICE OF DEMOLITION, OPEN FOUNDATION
EXCAVATION, PROTECTED TREE REMOVAL,NEW CONSTRUCTION, OR LARGE ADDITIONS
(ART. 20, ATM – 04/17/05)(ART. 11, ATM - 04/24/17)
(ART. 33, ATM – 05/01/19)
A. The owner of any building or parcel who intends to have such building demolished, engage in open foundation excavation, engage in new residential construction, remove Protected Trees in advance of new residential construction, or build a large addition must at least seven (7) calendar days prior to the commencement of any site work (including demolition, tree removal, or open foundation excavation), or within seven (7) calendar days of the filing of an application for a Building Permit, whichever date is earlier, give notice by first-class mail to all abutters and current occupants (to the extent practicable) within 200 feet of such building or construction site before such demolition, construction, or open foundation excavation can
commence.
B. The notice required herein shall, at a minimum, contain contact information for the developer or contractor, a site plan and/or Tree Plan for any applicable residential demolition, open foundation excavation, Protected Tree Removal, alteration or construction project, as well as information detailing the hours of operation for the project, anticipated completion date, work schedule, and health safety, and abutting property protections, and as appropriate, noise abatement measures applied by the developer or contractor of the project.
C. “Demolition” shall be defined as the act of pulling down, destroying, removing, or razing 50 % or more of a building, or commencing the work of total or substantial destruction with the intent of completing the same.
“Open foundation excavation” shall be defined as an open and exposed excavation for the purposes of constructing or expanding a residential building foundation. Satisfaction of open foundation excavation requirements of this Article shall not be construed to satisfy any additional requirements set forth in Title V Article 3 of these bylaws.
“Large additions” shall be defined as an alteration or addition in any residential district which increases the size of a building by 750 square feet or more, or by 50% or more of the existing building's gross floor area.
“Protected Tree Removal” shall be defined as removal of “Protected Trees” as defined in Title V Article 16 (“Tree Protection and Preservation”), Section 2.A and set forth in Title V Article 16, Section 3.A(3).
D. Prior to issuance of a demolition or building permit, or commencing an open foundation excavation or Protected Tree removal the applicant shall demonstrate to the satisfaction of the Inspector of Buildings (or the Tree Warden in the case of Protected Tree removal prior to new residential construction) that they have given the notice required herein, by providing a list of those notified, a copy of the notice, and an affidavit stating when it was mailed.
E. Violators of this bylaw will be subject to a fine of $200 per day upon notification of the Building Inspector.
ARTICLE 8
TRENCH SAFETY
(ART. 20, ATM – 05/05/08)(ART. 24, ATM – 05/04/2009)
Section 1.
The Director of Public Works shall serve as the authority for issuing trench excavating permits pursuant to General Laws Chapter 82A and 520 C.M.R. 14.00 and may impose additional requirements concerning excavation and trench safety within the Town not inconsistent with these state enactments as they may be from time to time amended. The Director of Public Works shall set a reasonable fee to defray the cost of issuance and administration of trench excavating permits.Section 2.
If the Director of the Department of Public Works is notified of an unattended trench during a time when the permit holder is unavailable, and the Director determines that a police detail is required to make the trench safe for the protection of the general public, the permit holder shall be assessed and be responsible to the Town for the cost of providing the police detail.Section 3.
In the event that the Town determines that a trench is unattended and unsafe, the Director of Public Works may take such action to backfill, barricade or cover the trench and the permit holder shall be assessed the costs associated with the action, including any overtime costs for the Department of Public Works employees or the Department-authorized contractors.Section 4.
Whenever a permit holder is making multiple trenches over the course of a single project, the Town may choose to issue a blanket permit allowing the permit holder to add to the list of trench locations as the permit holder becomes aware that a trench is required. The permit holder shall advise the Director of the addition of each new trench.Section 5.
If any of the foregoing provisions are held invalid such invalidity shall not affect the validity of any remaining provision.ARTICLE 9
RESIDENTIAL CONSTRUCTION SITE CONTROL AND MAINTENANCE
(ART. 12, ATM - 04/24/17)
(ART. 13, ATM - 04/24/17)
A. Purpose and Applicability
The purpose of this article is to establish construction site maintenance requirements for residential demolition, open foundation excavation, new construction, and large addition projects in the interests of minimizing adverse impacts on the neighboring community and promoting public health and safety.
B. Definitions
1. "Demolition shall be defined as the act of pulling down ,
destroying, removing, or razing a removing, or razing 50% or more of a building, or commencing the work of total or substantial destruction with the intent of completing the same.
2. "Open foundation excavation" shall be defined as an open and exposed excavation for the purpose of constructing or expanding a residential building foundation. Satisfaction of open foundation excavation requirements set forth in Title V Article 3 of these bylaws.
3. "Large additions" shall be defined as an alteration or addition in any residential district which increases the size of a building by 750 square feet or more, or by 50% or more of the existing building's gross floor area.
C. Site Maintenance Requirements
Throughout the course of any demolition, open foundation excavation, new construction, or large addition project as defined herein, the primary contractor, builder, or developer shall be required to keep the residential construction site in neat and orderly condition. Specifically, the construction site shall be required to be maintained as follows:
1. All waste shall be managed and secured daily so as not to impact site abutters or the surrounding area; and at a minimum, dumpsters shall be cleaned or removed every thirty (30) calendar days;
2. Portable restrooms shall be secured, maintained, free from the public way, and placed at least ten (10) feet from adjacent residential properties unless otherwise permitted by the Town through the Building Inspector or the Inspector’s designee;
3. Construction equipment and materials shall be stored in safe, secure and non-obstructive locations on the site, or as otherwise permitted by the Town through the Building Inspector or the Inspector’s designee;
4. Construction equipment and materials no longer to be used on the site
shall be removed from the site within 14 calendar days, unless otherwise permitted by the Town through the Building Inspector or the Inspector’s designee;
5. A drive entrance pad, or its equivalent, shall be placed, utilized, and maintained on site to provide an area where construction vehicles entering and exiting the building site can remove mud and sediment from tires prior to driving on public or private ways, unless determined technically infeasible by the Building Inspector or the Inspector’s designee;
6. In interests of public safety and protecting abutting property owners, lateral supports shall not be removed from any footing or foundation without first protecting such footings or foundations against settlement or lateral translation.
D. Violations and Fines
Violations of the foregoing requirements shall be determined by the Inspectional Services Department. A fine of $50 per category of violations shall be imposed upon notification of the Building Inspector. A fine of $100 per category of violation or violations per day shall be imposed thereafter until conditions are corrected and the construction site is in compliance with each of the foregoing requirements.
ARTICLE 10
PROHIBITION ON NEW FOSSIL FUEL INFRASTRUCTURE IN NEW CONSTRUCTION AND MAJOR RENOVATION
(ART. 14, STM – 10/17/23) (ART. 11, ATM - 04/24/24)
Section A. Definitions
“Effective Date” shall mean 90 days following the date on which the Town is authorized by the Department of Energy Resources to regulate fossil fuel infrastructure.
“Fossil Fuel-Free Demonstration” shall mean the project codified by the entirety of 225 CMR 24.00, the Fossil Fuel- Free Demonstration.
“Major Renovation” shall mean a renovation project associated with a valid building permit application filed on or after the Effective Date of this article that is (a) a low-rise residential addition in which the Work Area exceeds 1,000 square feet or exceeds 100% of the conditioned floor area of the existing dwelling unit; (b) for all other building use types, an addition in which the Work Area exceeds 20,000 square feet or exceeds 100% of the conditioned floor areas of the existing building; (c) for low-rise residential buildings, a Level 3 Alteration as defined in the International Existing Building Code (IEBC 2021) in which the Work Area exceeds 50% of the existing conditioned floor area and exceeds 1,000 square feet; (d) for all other building uses, a Level 3 Alteration as defined in the International Existing Building Code (IEBC 2021) in which the Work Area exceeds 50% of the existing conditioned floor area or an alteration that exceeds 20,000 square feet; (e) for low-rise residential use types, a change of use of over 1,000 square feet per International Energy Conservation Code (IECC 2021) Sections R505; or (f) for all building use types except low-rise residential, a change of use of over 20,000 square feet or change of use equal to 100% of the conditioned floor areas of the existing building per International Energy Conservation Code (IECC 2021) Sections C505.
“New Construction” shall mean a new building or new accessory building (a building devoted exclusively to a use accessory to the principal use of the lot) that is associated with a valid building permit application on or after the Effective Date.
“Specialized Energy Code” – Codified by the entirety of 225 CMR 22.00 and 23.00 including Appendices RC and CC, the Specialized Energy Code adds residential and commercial appendices to the Massachusetts Stretch Energy Code, based on amendments to the respective net-zero appendices of the International Energy Conservation Code (IECC) to incorporate the energy efficiency of the Stretch energy code and further reduce the climate impacts of buildings built to this code, with the goal of achieving net-zero greenhouse gas emissions from the buildings sector no later than 2050.
“Work Area” shall mean the portions of a building affected by renovations for the reconfiguration of space and/or building systems, as indicated in the drawings associated with a building permit application. Areas consisting of only repairs, refinishing, and/or incidental work are excluded from the Work Area.
Section B. Purpose
This Bylaw is adopted by the Town of Arlington, pursuant to “Act Driving Clean Energy and Offshore Wind” (St. 2022, c. 179, § 84) and 225 CMR 24.00, also referred to as the Fossil Fuel-Free Demonstration, the purpose of which is to restrict and prohibit new building construction and major renovation projects that are not fossil fuel-free in the interests of protecting health, safety, and the natural environment and reducing air pollution and greenhouse gas emissions, which cause climate change, thereby threatening the Town and its inhabitants. This bylaw is intended to work in conjunction with the Specialized Stretch Code, adopted by the 2023 Arlington Town Meeting and incorporated into Title VI Art. 3 of the Town Bylaws as well as the Town’s “Net Zero” goals.
Section C. Applicability
1. The requirements of this bylaw apply to residential and non-residential buildings that qualify as New Construction or Major Renovation.
2. The requirements of this bylaw shall not apply to:
a. Research laboratories for scientific or medical research, hospitals and medical offices regulated by the department of public health as a health care facility as defined in 225 CMR 24.00.
b. Multi-family buildings over 12,000 square feet with permit applications filed prior to January 1, 2027, that utilize gas or propane for domestic water heating as the only combustion equipment.
c. Utility service piping connecting the grid to a meter, or to a gas meter itself.
d. Piping required to fuel backup electrical generators.
e. Portable propane appliances for outdoor cooking and heating.
f. The extension or modification of heating systems via HVAC system modification, or modification of radiator, steam, or hot water piping, so long as new fossil fuel piping is not installed.
g. Repairs of any existing portions of a fuel piping system deemed unsafe or dangerous by the Plumbing and Gas Fitting Inspector.
Section D. Fossil Fuel-Free Demonstration
The Fossil Fuel-Free Demonstration, as codified by the entirety of 225 CMR 24.00, is herein incorporated by reference into the Town of into Title VI, Article 3 of the Town of Arlington General Bylaws.
With adoption of the Fossil Fuel-Free Demonstration, and upon approval by DOER, the following amendments to the Specialized Energy Code (codified in Title VI Article 3 of the Town Bylaws) are adopted. These changes are enforceable by the Building Inspector and will go into effect for any project seeking a permit after the Effective Date.
1. Low-rise Residential Code (225 CMR 22 Appendix RC)
a. Sections RC102 and RC101 “Zero Energy Pathway” and “Mixed Fuel Pathway” shall not be permitted for use for new construction.
2. Commercial and All Other (225 CMR 23 Appendix CC)
a. Sections CC103 and CC105 “Zero Energy Pathway” and “Mixed-Fuel Pathway” shall not be permitted for new construction, with the following exceptions:
i. Research laboratories for scientific or medical research,
ii. Hospitals regulated by the department of public health as a health care facility,
iii. Medical offices regulated by the department of public health as a health care facility,
iv. Multi-family buildings over 12,000 square feet with permit application filed prior to January 1, 2027, may utilize gas or propane for domestic water heating as the only combustion equipment.
3. Equipment or appliances used for space heating, service water heating, cooking, clothes drying, and/or lighting that can utilize coal, oil, natural gas, other fuel hydrocarbons, including synthetic equivalents, or other fossil fuels may not be installed as part of any residential or non-residential Major Renovation, with the exception of C(2)(a – g) and D(2)(a)(i – iv) above. All Major Renovations associated with C(2)(a – g) and D(2)(a)(i – iv) must follow applicable stretch code requirements.
Section E. Waivers
1. In the event that compliance with the provisions of this bylaw makes a project financially infeasible or impractical to implement, the Building Inspector may grant a waiver subject to reasonable conditions. Where appropriate, such waivers shall be issued narrowly for specific portions of a project that are financially infeasible or impractical to implement under the requirements of this Article. Waiver requests shall be supported by a detailed cost comparison, inclusive of available rebates and credits. A waiver request may be made at any time and may be based upon submission of conceptual plans. Particular consideration for waivers will be given to projects sponsored by non-profit or government-sponsored affordable housing entities.
2. Guidance regarding the granting of waivers and prescription of conditions shall be provided by the Select Board prior to the Effective Date and periodically extended or amended in the light of experience and changing circumstances.
Notwithstanding the foregoing, Compliance with this bylaw may be considered financially infeasible if:
a. As a result of factors beyond the control of the proponent the additional cost of the project over the long term, including any available subsidies, would make the project commercially unviable; and/or
b. If technological or other factors would make the project unsuitable for its intended purpose.
3. The Building Inspector’s decision with respect to the granting of a waiver, the scope thereof, and any conditions prescribed, shall be appealable to the Town Manager in accordance with procedures established by the Town Manager.
Section F. Appeals
The Town Manager shall hear appeals from decisions by the Building Inspector on the applicability of this bylaw under section C in accordance with such procedural rules as may be adopted from time to time by the Town Manager.