[HISTORY: Adopted by the City Council of the City of Springfield
as indicated in article histories. Amendments noted where applicable.]
[Adopted FCB 2-3-2009 (Title 1, Ch. 1.16, §§ 1.16.020 to 1.16.090,
of the 1986 Code)]
A.
The State Building Code, set forth at 780 CMR 100.00 et seq., including
subsequent modifications, amendments, or deletions, is hereby adopted
by the City for the purpose of governing public health, safety, and
welfare as they are affected by building construction, and in general
to secure safety to life and property, a copy of which code shall
be kept on file in the City Clerk's office. The State Building
Code is hereby adopted and incorporated, as fully as if set out at
length herein, and provisions thereof shall be controlling within
the limits of the City.
B.
Any person who fails to comply with any order of the Building Inspector
shall be liable for a criminal fine of not more than $300, and shall
in all other respects be subject to the provisions of this section.
Each day or part of a day that the violation continues or exists shall
constitute a separate violation.
A.
The State Sanitary Code, set forth at 105 CMR 410 et seq., including
subsequent modifications, amendments, or deletions, is hereby adopted
by the City for the purpose of governing minimum standards of fitness
for human habitation, a copy of which code shall be kept on file in
the City Clerk's office. The State Sanitary Code is hereby adopted
and incorporated, as fully as if set out at length herein, and provisions
thereof shall be controlling within the limits of the City.
B.
Any person who fails to comply with any order of the Code Enforcement Officer shall be liable for a criminal fine of not more than $300, and shall in all other respects be subject to the provisions of § 153-1. Each day or part of a day that the violation continues or exists shall constitute a separate violation.
A.
The State Minimum Sanitation Standards for Food Establishments, set
forth at 105 CMR 590.00 et seq., including subsequent modifications,
amendments, or deletions, is hereby adopted by the City for the purpose
of governing sanitation in food establishments, a copy of which code
shall be kept on file in the City Clerk's office. The Minimum
Standards are hereby adopted and incorporated, as fully as if set
out at length herein, and provisions thereof shall be controlling
within the limits of the City.
B.
Any person who fails to comply with the provisions of this code shall be liable for a criminal fine of not more than $300, and shall in all other respects be subject to the provisions of § 153-1. Each day or part of a day that the violation continues or exists shall constitute a separate violation.
A.
The State Plumbers and Gas Fitters Code, set forth at 248 CMR et
seq., including subsequent modifications, amendments, or deletions,
is hereby adopted by the City for the purpose of governing public
health, safety, and welfare as they are affected by all construction,
alteration, repairs and maintenance of plumbing and gas fittings,
and to secure safety to life and property, a copy of which code shall
be kept on file in the City Clerk's office. The State Plumbers
and Gas Fitters Code is hereby adopted and incorporated, as fully
as if set out at length herein, and provisions thereof shall be controlling
within the limits of the City.
B.
Any person who fails to comply with the provisions of the State Plumbers and Gas Fitters Code or an order of the Code Inspector shall be liable for a criminal fine of not more than $300, and shall in all other respects be subject to the provisions of § 153-1. Each day or part of a day that the violation continues or exists shall constitute a separate violation.
A.
The State Electrical Code, set forth at 527 CMR 12.00 et seq., including
subsequent modifications, amendments, or deletions, is hereby adopted
by the City for the purpose of governing public health, safety, and
welfare as they are affected by wire and electrical installation,
repairs, and maintenance, and in general to secure safety to life
and property, a copy of which code shall be kept on file in the City
Clerk's office. The State Electrical Code is hereby adopted and
incorporated, as fully as if set out at length herein, and provisions
thereof shall be controlling within the limits of the City.
B.
Any person who fails to comply with the provisions of this code or any order of the Code Inspector shall be liable for a criminal fine of not more than $300, and shall in all other respects be subject to the provisions of § 153-1. Each day or part of a day that the violation continues or exists shall constitute a separate violation.
A.
The State Fire Safety Code, set forth at 527 CMR 1.00 through 50.00
et seq., except for the Electrical Code (527 CMR 12.00) which was
adopted separately, including subsequent modifications, amendments,
or deletions, is hereby adopted by the City for the purpose of governing
minimum requirements and controls to safeguard life, property and
public welfare from the hazards of fire and explosion created by the
storage, handling or use of substances, materials or devices or from
conditions hazardous to life, property and the public welfare, and
in general to secure safety to life and property, a copy of which
code shall be kept on file in the City Clerk's office. The State
Fire Safety Code is hereby adopted and incorporated, as fully as if
set out at length herein, and provisions thereof shall be controlling
within the limits of the City.
B.
Any person who fails to comply with the provisions of this code or any order of the Fire or Code Inspector shall be liable for a criminal fine of not more than $300, and shall in all other respects be subject to the provisions of § 153-1. Each day or part of a day that the violation continues or exists shall constitute a separate violation.
A.
The State Lead Poisoning and Control Code, set forth at 105 CMR 460.00
et seq., including subsequent modifications, amendments, or deletions,
is hereby adopted by the City for the purpose of governing minimum
requirements and controls to safeguard life, property and public welfare
from the hazards of lead poisoning in buildings from conditions hazardous
to life, property and the public welfare, and in general to secure
safety to life and property, a copy of which code shall be kept on
file in the City Clerk's office. The State Lead Poisoning and
Control Code is hereby adopted and incorporated, as fully as if set
out at length herein, and provisions thereof shall be controlling
within the limits of the City.
B.
Any person who fails to comply with the provisions of this code or any order of the Code Inspector shall be liable for a criminal fine of not more than $300, and shall in all other respects be subject to the provisions of § 153-1. Each day or part of a day that the violation continues or exists shall constitute a separate violation.
A.
The State Sanitary Standards for Swimming Pools, set forth at 105
CMR 435.00 et seq., including subsequent modifications, amendments,
or deletions, is hereby adopted by the City for the purpose of governing
minimum sanitation standards for swimming pools, a copy of which code
shall be kept on file in the City Clerk's office. The minimum
standards are hereby adopted and incorporated, as fully as if set
out at length herein, and provisions thereof shall be controlling
within the limits of the City.
B.
Any person who fails to comply with the provisions of this code shall be liable for a criminal fine of not more than $300, and shall in all other respects be subject to the provisions of § 153-1. Each day or part of a day that the violation continues or exists shall constitute a separate violation.
[Adopted as Title 12, Ch. 12.08, §§ 12.08.200
through 12.08.240, of the 1986 Code; amended in its entirety 2-24-2004]
A.
General.
(1)
The Commissioner shall have control of the supervision and inspection
of electrical wiring; and shall appoint a senior inspector, who shall
supervise, correlate and direct the enforcement of all laws, ordinances,
rules and regulations related thereto.
(2)
All materials, fittings, devices and apparatus which are used in
electrical wiring shall be so assembled as to be suitable both mechanically
and electrically for the purpose for which they are to be used. Such
materials, fittings, and apparatus shall bear the label of a recognized
testing laboratory, or may be approved by the Commissioner as conforming
to the standard of Underwriters' Laboratories.
(3)
Electrical wiring shall include the wires, raceways, apparatus, fittings,
devices and fixtures within a building or structure, or relating thereto,
for carrying or using electricity for light, heat or power purposes,
except in county, state and federal buildings, and in stations, substations,
vaults and primary supply equipment where such are under the sole
control of the supply company.
(4)
Electrical wiring and electrical fixtures or devices used for light,
heat or power in buildings and structures subject to the provisions
of MGL c. 143, §§ 8 to 60, inclusive, as amended,
shall be installed, repaired and maintained in accordance with the
rules and regulations made in accordance with the provisions of Chapter
617 of the Acts of 1950 and Chapter 576 of the Acts of 1951 by the
Board of Fire Prevention Regulations in the Department of Public Safety,
as amended. (See MGL c. 143, § 3L, as provided by Chapter
617 of the Acts of 1950, as amended.)
(5)
These ordinances shall not apply to federal buildings and stations,
substations, vaults, and primary supply equipment where such are under
the sole control of public utility supply companies.
B.
Permits.
(1)
No person, firm or corporation shall receive a permit to install,
repair or remove any electrical wiring unless such person, firm, or
corporation shall have received a license and certificate from the
State Examiners of Electricians in accordance with the provisions
of Chapter 141 of the General Laws, as amended, and shall have said
license registered with the Department.
(2)
No person, firm or corporation shall install, alter, repair or remove
any electrical wiring without first making application to the Department
and receiving a permit. Therefore, such an application shall be on
a form approved by the Commissioner and shall contain all information
necessary to describe the work which is to be performed.
(3)
If it shall appear from said application that all applicable laws,
ordinances, rules and regulations have been or will be complied with,
a permit shall be granted authorizing such installation, alterations,
repair or removal.
(4)
For the maintenance of the electrical wiring in an establishment, or in a power plant other than that of an electric utility, where a licensed master electrician is engaged or where a licensed electrician is employed regularly on the premises, a maintenance permit may be issued for a stated period, which shall not exceed one year. For new work in such an establishment or power plant, Subsection A of this section shall also apply.
C.
Inspections.
(1)
When work is completed or ready for inspection, the Department shall
be notified immediately, and a time shall be set for an inspection.
Electrical wiring shall not be lathed in, covered nor concealed from
view until approved by an inspector of wiring.
(2)
Upon receiving notice that any electrical wiring is completed or
ready for inspections, the Department shall act thereon with two working
days. The Department may require the person who did the work to be
present during inspection or to submit a detailed description of the
work performed. If, upon inspection, the work is found to be defective,
all defects shall be remedied within 10 days after notice from the
Department. If the work is found to comply with the requirements of
this article, a certificate of approval, upon request, shall be issued
by the Department.
(3)
The Commissioner, or his duly authorized representative, may inspect
electrical wiring at any reasonable hour; and if he finds it unsafe
in relation to life, fire or explosion, he shall notify the owner,
or any person having an interest therein, to remedy all defects within
10 days. If said defects are not remedied with 10 days, the Commissioner
may order the service or any part thereof discontinued or otherwise
render the system inoperative. Electrical wiring so discontinued shall
be conspicuously tagged at the meter location. Such an installation,
if disconnected, shall not be reconnected to the service, or have
the current turned on, without the written approval of the Commissioner,
or until a meter permit has been issued by the Department.
(4)
Inspections of wiring installations will not be scheduled or made
unless a permit has been issued by the Department.
D.
Meter and current.
(1)
A meter shall not be installed, nor a current of electricity be connected
with an electrical wiring system, until a written permit has been
obtained from the Department.
(2)
The Department may issue a permit for the temporary connection of
a current of electricity to certain specified circuits or parts of
an installation. A temporary permit may be also granted for a wiring
system before completion of same within or on a building or other
structure. A temporary permit shall not be transferable and may be
renewed or cancelled at the discretion of the Commissioner.
(3)
Where the use of service has been discontinued or a change of use
of the electrical wiring has occurred, the electrical wiring system
shall not be used again until a certificate or reinspection has been
issued, if in the opinion of the Commissioner such a reinspection
is necessary.
(4)
If electrical work to be done under any electrical permit issued
by the Department has not received a final inspection within a reasonable
time for completion, the Commissioner shall notify the owner in writing
that if the work has not been satisfactorily completed and inspected
within 30 days, the service to said building or structure shall be
discontinued. If, at the end of the thirty-day period, the work has
not been satisfactorily completed, the Commissioner shall order the
service discontinued.
(5)
A meter shall be located in a readily accessible place, but not in
a bathroom, bedroom, living room, kitchen, private hall, pantry, closet,
or a required means of egress.
(6)
Each switch, meter, device, or panel board shall be permanently marked
with the name plate or painted lettering to identify the load which
it supplies, and each branch circuit over current device shall be
clearly identified with the branch circuit which it supplies.
(7)
Only one meter shall be allowed for each legal space as determined
by the Department through appropriate codes, regulations and ordinances.
Exception: Separate meters for voltage or phase characteristics shall
be allowed; except that for this purpose 120/208 volt three-phase,
four-wire and 120/230 volt single-phase, three-wire systems shall
be considered as the same.
(8)
Residential one- and two-family dwellings shall be allowed an owner's
meter/service only when all common areas and related common building
wiring are supplied by the owner's meter/service at the time
of inspection and approval of the owner's meter/service.
(9)
Separate residential garage services must receive approval of the
Department and inspector of wires.
E.
Damaged buildings.
(1)
Any wiring, electrical equipment or apparatus subjected to fire,
water, heat or smoke damages shall be replaced.
(2)
Exception: where an approved testing contractor cleans and tests
wiring, electrical equipment or apparatus to three times its normal
operating values or wiring, electrical equipment or apparatus meets
the manufacturer's original requirements and is certified by
the contractor to the Department in writing.
F.
Existing buildings. The Department shall consider to be "new work"
any wall, room or space which has been stripped to the structure or
which will be recovered with new building materials such as gypsum-board,
plaster, wood, etc. (For this purpose, paint and wallpaper are not
considered building materials.)
An application, specification and plan submitted for a building
permit for construction on or within 200 feet of a former or active
dump site, refuse disposal site, sanitary landfill site, or land reclamation
site containing organic matter shall be accompanied by a certificate
from a competent professional engineer acceptable to the Commissioner
to attest that said application and specification conform to safe
and acceptable standards as may pertain to the elimination and/or
control of any hazardous or unwholesome gaseous vapors.
The present existing structure of the Board of Appeals duly
enacted by the City shall remain in effect:
A.
Appointment. The Board of Appeals established under the provisions
of Section 2 of Chapter 349 of the Acts of 1910, as amended by Chapter
243 of the Acts of 1945, shall consist of three members to be appointed
by the Mayor. One member shall be representative of the building trade
unions or a builder; one shall be either a registered architect or
registered professional engineer; and one shall be an attorney-at-law.
There shall also be six associate members to be appointed by the Mayor.
Two associate members shall be representative of the building trade
unions or builders; two shall be either registered architects or registered
professional engineers; and two shall be attorneys-at-law. When a
member is disqualified or absent, an associate member of like qualification
to the disqualified or absent member shall serve. All members and
associate members shall have had at least five years' experience in
their respective vocations.
B.
Term of office. The appointment of members first made under Chapter
12.04 and this article shall be for the term of one, two or three
years, respectively, so that the term of one member shall expire each
year. All subsequent appointments of members shall be for the term
of three years. The appointment of associate members first made under
Chapter 12.04 and this article shall be for the term of one, two or
three years, respectively, so that the term of one associate member
shall expire each year. All subsequent appointments of associate members
shall be for the term of three years.
A.
Building district. The entire territory comprised within the City
limits as the same now is or may be established is designated as the
building district under authority of Chapter 126 of the Acts of 1873.
B.
Fire districts. For the purposes of Chapter 12.04 and this article,
there shall be established fire districts or zones which shall be
known as the "inner fire district" and "general fire districts."
(1)
Inner fire district. This district comprises the area within the
following boundaries: beginning at the intersection of the center
line of Union Street extended with the east bank of the Connecticut
River, thence extending northerly along the east bank of said river
to the center line of Sergeant Street extended; thence continuing
easterly on the center line of Sergeant Street extended and the center
line of Sergeant Street to the center line of Main Street; thence
continuing easterly on the center line of Carew Street to the center
line of Chestnut Street; thence continuing southerly on the center
line of Chestnut Street and Maple Street to the center line of Union
Street; thence continuing westerly on the center line of Union Street
and the center line of Union Street extended to the point of beginning.
(2)
General fire district. Such districts shall comprise the entire areas
of the Business A, Business B, and Business C Districts not included
in inner fire district, Commercial A and Residence-Office Districts
or zones as the same now are or may be established by the Zoning Ordinance.
A.
Restrictions.
(1)
A projecting marquee that extends into or over a public way more than 12 inches shall be subject to the regulations provided in § 175-25.
(2)
A projecting marquee may project beyond the street line within 12
inches of the outside face of the curb, but no part shall be located
less than 10 feet nor more than 18 feet above the curb.
B.
Supports and attachment. A projecting marquee shall be assembled
and attached to a building or other structure in such a manner so
as not to be or become dangerous to property or persons. It shall
safely support its own weight plus a superimposed uniformly distributed
live load of 30 pounds per square foot in addition to any concentrated
loads to which it may be subject.
D.
Permits
and bonds.
(1)
Application.
(a)
Except as otherwise provided, a person, firm or corporation
shall not place or maintain a sign or marquee that projects into or
over a public way more than 12 inches without furnishing and signing
a bond and securing a permit as provided in this section. This section,
however, shall not apply to a sign or marquee that projects into or
over a public way 12 inches or less; nor to pole wires, conduits and
appurtenances of railroad, railway, telegraph, water, gas, electric,
heat and power companies.
(b)
The provisions of this section, except as to safety, shall not
be so construed as to compel the alteration or removal of any sign
or marquee that was legally erected prior to the passage of the ordinance
codified in Chapter 12.04 and this article.
(2)
Permits.
(a)
A permit for the placing and maintaining of such a sign or marquee
shall not be issued until the plans for same have been approved by
the Commissioner, nor until the applicant for such a permit has filed
with the City Treasurer a bond conforming to the provisions of this
section.
(b)
An application for such a permit shall set forth the purposes
for which such a sign or marquee is to be used and the manner in which
it will project into or over the public way, and shall describe accurately
in writing, and by drawings made to scale, the design and construction
of the sign or marquee and the method of its attachment to a building
or other structure.
[1]
Drawings shall be submitted in triplicate and, when approved
by the Commissioner, one copy shall be retained by him, one shall
be returned to the applicant, and one shall be filed with the City
Treasurer.
(3)
Bonds.
(a)
A bond required by provisions of this section for a sign or
marquee shall be satisfactory to the City Treasurer, and shall be
duly executed by the applicant and a surety company that is qualified
to do a surety company business in the Commonwealth of Massachusetts.
The bond shall indemnify the City against any and all claims for personal
injury or damage to property that in any way results from such a sign
or marquee. It is further stipulated that the person, firm or corporation
who or which owns such a sign or marquee shall also pay all judgments
and damages that result from or arise out of the collision with or
falling of such a sign or marquee.
(b)
The sum of the bond, or bonds, for each projecting sign or other
advertising device shall be $5,000 for each 200 square feet or fraction
thereof of the combined face areas.
(c)
The sum of the bond for each projecting marquee shall be $10,000
for one foot up to and including 10 feet in length, plus $3,000 for
each additional 10 feet in length or fraction thereof.
(d)
The clerk of a firm or corporation shall furnish, in addition
to the required bond, a copy of the minutes of the meeting or certificate
of vote which authorizes the signee to place his signature on the
applications and bond.
(4)
License. The granting of a permit under the provisions of this section
shall not relieve the applicant, owner, or agent of procuring from
the Director of the Department of Public Works a license to occupy
or use a portion of a public way in the City under the provisions
of Chapter 369 of the Acts of 1911. A person, firm, or corporation
who or which has procured a permit from the Commissioner under the
provisions of this section shall not erect a sign or marquee until
and unless a license to occupy or use a portion of a public street
in the City has been granted by the Director of the Department of
Public Works and the fee for such license, as determined by said Director,
has been paid.
(5)
Permit not transferable. A permit which was issued under this section
shall not be transferable. If an owner of a projecting sign or marquee
transfers ownership of such a sign or marquee to a new owner, the
new owner shall, within 10 days, furnish and sign a bond and secure
a permit as required in this section. Upon transfer of ownership,
the former owner shall at once notify the Commissioner in writing
of such transfer, giving the name and address of the new owner and
the date of the transfer; and the former owner and his surety shall
remain liable after such transfer for maintenance of such sign or
marquee until the new owner has obtained a new permit from the Commissioner
under this section. The City Treasurer, after such new permit has
been granted, shall obtain from the City Solicitor a statement that
no claims or suits are pending against the City arising out of the
erection or maintenance of such sign or marquee; and, not earlier
than three days after the receipt of such statement, may issue to
the former permittee or his surety a statement that liability on the
bond which was filed with the applicant for such former permit has
ceased on a day subsequent to three days after the filing of the City
Solicitor's statement to the City Treasurer.
(6)
Permit for removal. If a sign or marquee erected or maintained under
a permit issued under the provisions of this section is to be removed,
a permit to do so must first be obtained from the Commissioner who,
after an inspection of the premises and after the completion of such
removal, shall notify the City Treasurer in writing that the sign
which was erected under the terms of a particular permit has been
removed. The City Treasurer, upon receipt of such notice from the
Commissioner, shall obtain from the City Solicitor a statement that
no claims or suits are pending against the City arising out of the
erection, maintenance or removal of such sign or marquee, and may,
not earlier than three days after the receipt of such statement, issue
to the former permittee or his surety a statement that liability on
the bond which was filed with the application for such former permit
has ceased on a day subsequent to three days after the filing of the
City Solicitor's statement to the City Treasurer.
