110.R4.1
ADMINISTRATION
110.R4.1.1
Scope. The provisions of 780 CMR 110.R4 shall govern the licensing
of native lumber producers.
110.R4.1.2
Definitions. The
following words and terms shall, for the purposes of 780 CMR 110.R4 and as used
elsewhere in 780 CMR, have the meaning indicated in 780 CMR 110.R4.1.2.
BBRS. Board of Building Regulations and Standards.
NATIVE LUMBER. Native lumber is wood processed in
Massachusetts by a mill registered in accordance with the regulations (780 CMR)
of the BBRS. Such wood is ungraded but is stamped or certified in accordance
with Chapter 23 of the International Building Code 2009 with
the Massachusetts Amendments (780 CMR 23.00). Native lumber shall be
restricted to use in one-and two-story dwellings, barns, sheds, agricultural
and accessory buildings and structures and other uses as permitted by Chapter
23 of the International Building Code 2009 with the
Massachusetts Amendments (780 CMR 23.00).
NATIVE LUMBER PRODUCERS. Persons or corporations
in the business of milling wood into native lumber within Massachusetts.
PERSON. Individual, partnership, corporation,
trust, joint venture, etc.
110.R4.1.3
Registration. No
person shall produce native lumber for use in buildings or structures within
Massachusetts unless registered by the BBRS.
110.R4.1.4
Application. Native
lumber producers shall apply and furnish qualifications satisfactory to the
BBRS in accordance with 780 CMR 110.R4 and qualification requirements provided
by the BBRS with the application form.
110.R4.1.5
Registration Fee.
Applications shall be accompanied by a registration fee in accordance with
801 CMR
4.02. This initial registration shall be
valid for two years.
110.R4.1.6
Renewals. Registration shall be renewed every two years. Within 30
days before the registration expiration date, the BBRS shall forward to each
registrant a renewal form. Upon receipt of the completed form and fee in
accordance with
801 CMR
4.02, the BBRS shall renew the registration
for a period of two years or notify the applicant of reasons for refusal.
Any application for renewal of a registration which has expired shall
require the payment of a new registration fee.
110.R4.1.7
Prequalifying Agent.
State Inspectors of the Department of Public Safety shall act as agents of the
BBRS to inspect native lumber producing facilities. Upon receipt of a completed
application, the State Inspector shall inspect the facility for compliance with
the required qualifications and make recommendation to the BBRS.
110.R4.1.8
Penalties. Any person
who fails to comply with the requirements of 780 CMR 110.R4 or who falsifies an
application shall be subject to the penalties and actions as prescribed in
section 114.0 of the International Building Code 2009 with the
Massachusetts Amendments (780 CMR 114.0).
110.R4.2
2 REGISTRATION STAMP
110.R4.2.1
Issuance. Each person
registered by the BBRS shall be issued a specific name and number for use in
stamping or certifying the native lumber produced at a specific mill.
110.R4.2.2
Contents. Each stamp
shall be a minimum of two inches by four inches with a minimum of 36 pt.
letters and shall contain the following information.
1. Name of native lumber producer;
2. Registration number; and
3. Species of wood.
Each producer shall be responsible for obtaining stamps made
for their use in accordance with the requirements of the BBRS and 780 CMR
110.R4.
110.R4.2.3
Use. Each piece of
native lumber shall be stamped with the name and registration number of the
producer in accordance with 780 CMR 110.R4 and bear an approved mark
identifying the species of wood. In lieu of stamping, a
certification bearing the same stamped information may be provided by the
producer for precut or re-manufactured lumber in accordance with 780 CMR
110.R4.
110.R4.2.4
Unlawful
Use. It shall be unlawful to use a stamp registered for a specific mill
at any other mill.
110.R4.3
REVOCATION AND SUSPENSION
PROCEDURES
110.R4.3.1
Revocation
and Suspension. The BBRS on its own initiative or upon the
recommendation of the State Inspector may suspend or revoke the registration of
any mill registered in accordance with 780 CMR 110.R4, 780 CMR or the standards
of good practice. Notice of suspension or revocation of such registration shall
be in writing with the reasons for suspension or revocation clearly set forth,
and served in accordance with 780 CMR 114.0.
110.R4.3.2
Notice and
Conference. Prior to suspension or revocation of a registration, written
notice of such intent shall be served by the State Inspector in accordance with
section 114.0 of the International Building Code 2009 with
Massachusetts Amendments (780 CMR 114.0). Within ten calendar days of receipt
of such notice, the affected mill may request a conference with the State
Inspector who will hear facts and make their recommendations to the
BBRS.
110.R4.3.3
Effect
of. Upon suspension or revocation of mill registration, the mill shall
immediately cease engaging in the stamping or certifying of native lumber. The
filing of an appeal with the Building Code Appeals Board shall stay such
suspension or revocation subject to Chapter 1 of the International
Building Code 209 with Massachusetts Amendments (780 CMR 1.00
).
110.R4.4
APPEALS
110.R4.4.1
Building
Code Appeals Board. Anyone aggrieved by the decision of the BBRS, or
others may appeal to the Building Code Appeals Board.
