Code of Massachusetts Regulations
780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
Chapter 31 - Special Construction
Section 3111 - TEMPORARY OVERNIGHT SHELTERS
Subsection 3111.3 - Approval and Temporary Certificate of Occupancy

Universal Citation: 780 CMR MA Code of Regs 3111.3

Current through Register 1531, September 27, 2024

In order to operate a temporary overnight shelter, a temporary certificate of occupancy must first be issued by the building official. Application for a certificate shall be made as follows:

1. The application must contain information demonstrating that the structure meets the following requirements:

a. It has been issued a valid certificate of occupancy for its current use.

b. It is or will be equipped with a functioning sprinkler system or is suitably protected by a hard-wired smoke and/or heat detection and alarm system, and a carbon monoxide detection system. Until January 1,2013, battery operated detectors may be approved by the municipal building official and fire chief depending upon the location and in conformance with the Board of Fire Prevention Regulations 527 CMR 31.00: Carbon Monoxide Alarms for carbon monoxide (CO) requirements. Commencing January 1, 2013 the facility must be protected with fire protection systems in accordance with section 3111.6, Table 3111.6 and sections 3111.7 through 3111.14.

c. It contains adequate means of egress relative to the number of approved overnight occupants.

d. It contains adequate emergency lighting and egress signage.

e. It contains the necessary facilities in accordance with the applicable guidelines promulgated by the Massachusetts Department of Public Health.

f. Attestation that the structure meets the requirements of the Architectural Access Board's regulations at 521 CMR.

g. Attestation that the location is equipped with a hard-wired land line phone for use in the event of an emergency.

2. The application must include the following:

a. Zoning approval (if applicable).

b. A plot plan (internet accessed satellite maps may be sufficient if properly labeled).

c. A plan for compliance with the applicable guidelines promulgated by the Massachusetts Department of Public Health.

d. A fire safety and evacuation plan The plan shall include, but not be limited to:
i. The identification of the anticipated nightly occupant load.

ii. A diagram of the bed and personal space layout.

iii. The identification of exits and aisles leading thereto.

iv. Outline of procedures for accounting for employees and occupants after evacuation.

v. Outline of procedures for the evacuation of occupants with special needs.

vi. At time of activation, the Head of the Fire Department shall be provided with the identification of the preferred and any alternative person responsible for reporting fires and other emergencies to the fire department.

vii. At time of activation, the Head of the Fire Department shall be provided with a plan for assignment of personnel responsible for oversight of evacuation.

viii. A plan for training of employees relative to emergency evacuation.

e. Identification of an on-site individual responsible for ensuring compliance with section 3111.

3. Upon receipt of a completed application, the building official shall forward the application to the municipal fire chief and health official for their review. A site visit shall then be undertaken collectively by the building official, fire official, health official, building owner, and the applicant, or their respective designees. Said officials shall assess the suitability of the structure for issuance of at emporary certificate of occupancy and ensure the accuracy and efficiency of the documentation submitted in accordance with section 3111.3 items 1. and 2. Promptly after the site visit is completed, the building official shall either approve the application and issue the temporary certificate of occupancy, or deny the application, or approve the application and issue the temporary certificate of occupancy with conditions. The building official may condition the issuance of a certificate upon anything that he determines is necessary to ensure the safety of the occupants of the shelter and consistent with section 3111.1. Prior to taking action, the building official shall review the application with the fire chief and health official. The building official shall consider any recommendations made by the fire chief or health official with due regard for their concerns. However, the building official shall not issue any temporary certificate over the objection of the Head of the Fire Department or the local Board of Health.

4. Temporary certificates of occupancy shall not be issued for a period to exceed one year. | Applications for renewal shall be reviewed in accordance with section 3111.3 items 1. { through 3. j

5. If issued, the temporary certificate shall reflect the name of the organization it was issued to, the name of the party responsible for the operation of the shelter, the address, the issuance date, the expiration date, any conditions of issuance ordered pursuant to section 3111.3 item 3., and the maximum allowed occupant load. 1

6. A temporary certificate of occupancy may be revoked by the building official at any time for a violation of any provision of section 3111, any violation of the General Laws, or for any reason necessary to ensure the safety of the occupants of the structure. The terms of issuance of the certificate may similarly be modified. Any such action may be appealed to the Building Code Appeals Board in accordance with M.G.L. c. 143, § 100.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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