(Ord. of 4-21-81; Ord. of 8-17-87; Ord. of 12-21-87; C0297-18)
(a) 
In accordance with the provisions of the ordinances of the city and the State Building Code, no permit shall be issued by the inspector of buildings or the inspector of plumbing until the required fee has been paid to the city collector or building department or other authorized city agency in accordance with the fee schedules, which schedules are on file in the City Clerk’s office.
(b) 
At his sole discretion, the inspector of buildings may require that cost computations verified by a registered architect or registered professional engineer (or other person satisfactory to the inspector of buildings) be submitted to substantiate disputed estimates.
(c) 
Building Department Fee Schedule.
(1) 
The following Building Department Fee Schedule replaces the existing Building Department Fee Schedule in those areas covered in this chapter. Areas existing in the present Building Department Fee Schedule which are not covered by this chapter shall remain in effect until amended or replaced.
(2) 
In accordance with the provisions of the Ordinances of the City of Everett and Section 118 of the Massachusetts State Building Code, no permit shall be issued by the Inspector of Buildings until the required fee has been paid to the City Collector or Building Department or other authorized city agency in accordance with the following table of rates. At his sole discretion, the Inspector of Buildings may require that costs computations verified by a Registered Architect or Registered Professional Engineer (or other person satisfactory to the Inspector of Buildings) be submitted to substantiate disputed estimates.
(3) 
The fee for issuing a building permit will be double the established amounts if construction has started prior to the issuance of a building permit.
Building Department Fee Schedule
Application
Fee
Minimum Fee
1. Construction, alteration, repairs, demolition and reconstruction of a building or structure
$15.00 per $1,000 of estimated cost
$40.00
2. Woodstoves
$40.00
N/A
3. Demolition of buildings
 
 
1 and 2 motor vehicle garages
$15.00 per $1,000 of estimated cost
$40.00
All other structures
$15.00 per $1,000 of estimated cost
$40.00
4. Moved buildings
$15.00 per $1,000 of estimated cost
$40.00
5. Amendments to plans
$15.00 per $1,000 of estimated cost
$40.00
6. Wall signs and projection signs
$15.00 per $1,000 of estimated cost
$40.00
7. Freestanding ground signs
$15.00 per $1,000 of estimated cost
$100.00
8. Roof signs
$15.00 per $1,000 of estimated cost
$100.00
9. Certificate of Occupancy
 
N/A
Single-family
$50.00
Two-family
$75.00
Three-family
$100.00
All others
$40.00 per 1,000 square feet
10. Swimming Pools
$15.00 per $1,000 of estimated cost
$40.00
11. Sheds and Similar Structures
$15.00 per $1,000 of estimated cost
$40.00
12. Certificate of Inspections
As prescribed by the Commonwealth of Massachusetts State Building Code.
Table 106
Exception: Three-family homes to be inspected every five (5)years, $75.00, as modified and amended by Section 106.5 of the Massachusetts State Building Code
N/A
13. Work started without permit
Double the permit fee as a fine, plus the permit fee
N/A
14. Re-inspection fee per inspection
$40.00
N/A
Plumbing Division Fees
Application
Current Fee
Minimum Fee
1. Plumbing and gas fitting in new and existing residential and commercial buildings, additions or alterations
$40.00 for up to 3 fixtures or appliances plus $10.00 per fixture or appliance thereafter for each unit or separate use
$40.00
2. Gas-fired boiler and/or gas-fired furnace/heater permit fee
$25.00 per appliance, exclusive of all other plumbing and gas permit fees
N/A
3. Plumbing and gas inspection fee Any additional inspections required for deficient work by failure to meet the requirements of the Massachusetts Plumbing and Gas Fitting Code or any other applicable codes and regulations or transfer of plumbing and gas permit(s) to another license holder shall require reinspection permit
 
N/A
Reinspection permit fee
$40.00 per fixture, per visit
Transfer of permit fee
The cost of the original permit
4. Rooftop HVAC equipment, commercial air conditioning equipment, split system HVAC equipment and the like
Note: A permit is not required for air conditioning units for single rooms 200 square feet in area or less
$40.00 per unit or each condenser and compressor pair
N/A
5. Capping water and sewer prior to demolition (inside or within 10 feet of building)
$40.00
N/A
6. Work started prior to the issuance of a permit
Double the permit fee as a fine, plus the permit fee
N/A
(Rev. Ords. 1976, Pt. 2, Ch. 11, § 18)
(a) 
Every private swimming pool, as defined in the Massachusetts State Building Code, shall be completely surrounded at all times, whether or not the same be filled with water, by a fence or wall not less than five (5) feet in height, except that fences or walls in existence at the time of the effective date of the ordinance from which this section derives shall be deemed to satisfy this requirement if they are not less than four (4) feet in height. Every such fence or wall shall be so constructed as not to have any openings, holes, gaps larger than four (4) inches except for doors and gates and except for picket fences in which case, the gap between pickets shall not exceed four (4) inches. Every such fence, wall, gate or door having gaps or holes shall be covered on the inside with canvas or other similar substance so as to make the pool impervious to view from outside the fence. A building may be used as part of such enclosure. Elevated platforms around above-ground constructed pools equipped with steps and railings shall not be deemed a satisfactory fence enclosure as required by this section.
(b) 
All gates or doors opening through such enclosure shall be not less than the same height as the fence or wall and shall be equipped with a self-closing, self-latching device located at least four (4) feet above the underlying ground and inaccessible from the outside to small children. Every gate or door shall be kept locked at all times when pool is unoccupied and/or not in use. All such gates or doors shall reach to the ground level leaving only sufficient space for the opening and closing of same.
(A0173-12)
(a) 
Purpose.
Everett residents should be part of and benefit from improvements in the City of Everett, private and specifically those public projects including but not limited to residential, institutional and commercial construction, which are funded by public funds. Therefore, it is appropriate for the City of Everett to make certain that each development constructed with public funds as defined herein, includes employment opportunities for Everett residents through compliance with this Ordinance entitled the Everett Resident Construction Employment Ordinance.
(b) 
Definitions.
(1) 
Bona fide Everett resident: Any person for whom the principal place of residence is within the City of Everett for at least six (6) months immediately prior to the award, contracting and or permitting of a public construction project.
(2) 
The principal place of residence shall mean that place where a person normally eats and sleeps and maintains his or her personal effects. Proof of such residence shall be a valid Massachusetts driver’s license indicating an Everett address.
(3) 
Public construction: A project or a contract for construction of a project taking place within the City of Everett which is funded in whole or in part by City, State, County, or Federal or other public funds, or by grant funds administered by the City or which in accordance with a Federal, State or other grant. The City expends or administers or a contract to which the City is a signatory.
(4) 
Contractor: Shall mean all persons, corporations, agencies, forms businesses, developers, subcontractors, for projects defined herein as “Public Construction”.
(5) 
Bidding Authority: City department or agency assigned or directly responsible for the bidding and or project management of public construction.
(6) 
Everett Residents Employment Certification Form: The contractor with and all bids for public construction must submit this form. Such form may be from time to time amended by Monitoring Committee to suit the purpose and intent of this ordinance.
(7) 
Everett Residents Employee Reporting form: The form submitted by the contractor within twenty-one days of acceptance of the contractor as lowest bidder. Such list shall contain Everett Residents that have been contacted and confirmed to be employed by the contractor. Such form may be from time to time amended by Monitoring Committee to suit the purpose and intent of this ordinance.
(8) 
Monitoring Committee Decision on Compliance with this Ordinance: The form used by the Monitoring Committee to render decisions on submittals of the Everett Resident Employee Reporting form submitted by the bidding authority. Such form may be from time to time amended by Monitoring Committee to suit the purpose and intent of this ordinance.
(9) 
DLI List: Shall mean the most recent Commonwealth of Massachusetts Department of Labor and Industries for minimum wage rates under the prevailing wage laws as determined by MGL c.149, §§26 to 27D.
(10) 
Everett Residents Employment Monitoring Committee: Herein known as Monitoring Committee. The Everett Residents Construction Employment Ordinance, its enforcement, and compliance with its requirements shall be monitored by the Everett Residents Employment Monitoring Committee.
a. 
Such committee shall be comprised of five (5) individuals including the following and each shall serve at the discretion of his or her appointing authority:
1. 
Two (2) designees of the city council president;
2. 
Two (2) designees of the mayor;
3. 
One (1) designee of the local building trades council.
(c) 
Policy.
On any public construction project, as defined herein, the worker hours on a craft by craft basis shall be performed as follows:
(1) 
At least thirty-five percent (35%) of the total employee man hours per trade shall be performed by bona fide Everett residents, five percent (5%) of which shall be performed by apprentices indentured to a bona fide apprenticeship program approved by the Commonwealth of Massachusetts.
(2) 
At least ten percent (10%) of the total employee man hours shall be performed by minorities qualified by craft.
(3) 
At least five percent (5%) of the total employee man hours worked shall be performed by women qualified by craft.
(d) 
Monitoring Committee Responsibility.
(1) 
Such committee shall meet on a bi-weekly basis, or as needed and shall review and monitor all information and documentation provided by developers to establish compliance with said ordinance.
(2) 
Upon request, all developers shall submit weekly workforce reports listing the following:
a. 
name of each employee,
b. 
residential address of each employee and length of residence,
c. 
craft of each employee,
d. 
job category of each employee,
e. 
hours worked of each employee,
f. 
hourly wage of each employee, and
g. 
company for which each employee is employed.
(3) 
If through such monitoring, it is determined that one or more developers are not complying with said ordinance, the committee shall immediately request the Building Inspector and the bidding authority, shall take one or more of the following actions:
a. 
Assessment of a fine of $300.00 per day of violation, or the maximum amount allowed by law whichever is less, against the developer who violates this ordinances, to be paid within thirty (30) days of such assessment.
b. 
Withholding of payment due under the contract or subcontract until compliance is obtained.
c. 
Liquidated damages payable to the city in the amount of 5% of the value of the contract.
d. 
Revocation of all building permits pertaining to such development until violations have been eliminated. The sole exception to the implementation of such enforcement procedures is the determination and approval of the Monitoring Committee, as defined in section (e) that compliance cannot be obtained because of high local construction employment levels of Everett and Everett residents being technically unavailable persons and that therefore, a waiver from compliance should be allowed.
(e) 
Compliance Waiver.
In the event of high local construction employment levels of qualified Everett residents and documented inability of developers, contractors and subcontractors to hire local employees because of such high local construction employment levels, compliance with the provisions of this ordinance may be waived in whole or in part, on a case by case basis, through a determination made by the Monitoring Committee, as defined in Section (d) that high local employment levels prohibit the developer, contractors and subcontractors from hiring local area employees as required. Such documentation shall include evidence of effort conducted by the developer, contractor and subcontractors, which show a high level of effort in attempting to obtain local employees. Such effort shall include local advertising to seek local employees, and solicitation of local companies for contracting purposes.
(f) 
Monitoring Committee Review.
(1) 
The Monitoring Committee shall review the Everett resident employee reporting form(s) as submitted by the Contractor and Bidding Authority. The Monitoring Committee shall further be responsible for carrying out the review provisions of this ordinance.
(2) 
The Monitoring Committee shall make decisions as cited below within the following criteria:
a. 
Ensure that the Contractor has completed the Everett Employee Reporting Form.
b. 
The information provided must show compliance with the thirty-five percent (35%) requirement cited in Section (c).
c. 
The Contractor shall have received commitments from Everett residents in accordance with the Everett Resident Employee Reporting Form.
(3) 
The Monitoring Committee shall file a final decision with the City Clerk within fourteen (14) days of receipt of the information as cited above.
a. 
Such decision shall also be forwarded to the bidding authority and sent registered mail to the Contractors who have been reviewed for compliance.
b. 
Such decision shall be in the manner of the form titled “Everett Residents Employment Monitoring Committee Decision on Compliance on Compliance with the Everett Residents Construction Ordinance.”
(g) 
Bidding Authority Responsibility.
(1) 
Fourteen days prior to the date of public bidding (including any and all subcontractor bidding) it shall be the responsibility of the bidding authority to serve public notice to the City of Everett that a public construction project is being bid.
a. 
Such notice shall be for the purpose of informing the Everett residents of employment opportunities in accordance with job classifications (the DLI list) applicable to the project being bid.
(2) 
Such notice shall be placed in the newspaper of regular circulation fourteen days prior to the bid notice and shall include all project information as required and require the inclusion of the following language at the beginning of such notice:
CITY OF EVERETT
EVERETT RESDIENTS CONSTRUCTION ORDINANCE REGISTRATION OF EVERETT RESIDENTS FOR EMPLOYMENT
In accordance with the Everett Residents Construction Ordinance this is a public notice to request Everett Residents skilled in trades as listed in MGL Chapter 149, Section 26to 27Damended as applicable to the below project to register their names for consideration of employment for such project. Registration must be made on the appropriate form titled “Everett Resident Public Construction List” at the Everett City Clerk’s Office at 484 Broadway, Room 10, Everett.
(3) 
The Bidding Authority shall include a copy of this ordinance and any and all forms in all copies of the bid specifications for public construction projects as defined herein.
a. 
It shall be the responsibility of the bidding authority to submit to the City Clerk a copy of the DLI listing, Everett Resident Construction list with the appropriate items completed and the Everett Resident Employee Reporting Form for the lowest bidder.
(h) 
Administration.
(1) 
It shall be the responsibility of the City Clerk to maintain the Everett Resident Public Construction List on a project by project basis and provide copies of such list to all prospective contractors bidding on public construction.
(2) 
The City for contacting Everett Residents shall also maintain a running list of all registrants in a database for use.
(3) 
Upon receipt of such forms from the bidding authority, the City Clerk shall transmit copies to the Monitoring Committee.
(i) 
Contractor Responsibility.
(1) 
In accordance with this ordinance, the contractor shall be responsible to document that not less than thirty-five percent (35%) of the total employee man hours by craft shall be performed by bona fide Everett residents.
(2) 
The contractor shall be responsible to document that not less than ten percent (10%) of the total employee man hours shall be performed by minorities qualified by craft.
(3) 
The contractor shall be responsible to document that not less than five percent (5%) of the total employee man hours shall be performed by women qualified by craft.
(4) 
The contractor shall be required to submit with all bids for public construction the form titled “Everett Residents Employment Certification” form, which is attached hereto and incorporated herein by reference. It is the responsibility of the contractor to complete such form. Forms will be made available in the bid specifications.
(5) 
The lowest responsible bidder as determined by the bidding authority shall within 21 days of such determination complete the Everett Resident Employee Reporting Form and submit the form to the bidding authority.
(6) 
The contractor may submit with the Everett Resident Employee Reporting Form a request for waiver from Section (c) herein. Such waiver shall be based on the fact that after review of sufficient data, a pool of labor does not exist.
(7) 
Failure of the contractor to submit such forms completed with the bid or after determination of lowest bidder shall be sufficient reason for the bidding authority, upon the recommendation of the Monitoring Committee, to not accept such bid.
(j) 
Severability
(1) 
Where this law and any selection of employees thereto conflicts with other laws relating to affirmative action hiring requirements as set forth by Federal, State or Local Laws, those laws shall supersede this chapter.
(2) 
In the event that any section of this ordinance is deemed illegal, unenforceable or unconstitutional, then the remaining sections shall remain in full force and effect.
(C0205-14)
(a) 
Definitions.
(1) 
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 Massachusetts Building Code are the IECC with Massachusetts amendments, as approved by the Board of Building Regulations and Standards.
(2) 
Stretch Energy Code: The Stretch Energy Code is a Massachusetts building code based on further amendments to the International Energy Conservation Code (IECC) to improve the energy efficiency of buildings built to this code. The Stretch Energy Code was codified by the Board of Building Regulations and Standards as an appendix, 780 CMR Appendix 115.AA, to the 8th edition Massachusetts Building Code. For the purposes of this definition, the Stretch Energy Code shall include any future editions of, amendments to or modifications of said appendix.
(b) 
Purpose.
The purpose of the Stretch Energy Code is to provide a more energy efficient alternative to the Base Energy Code applicable to the relevant sections of the building code for both new construction and existing buildings.
(c) 
Applicability.
The Stretch Energy Code applies to residential and commercial buildings. Buildings not included in this scope shall comply with 780 CMR 13, 34, 51, as applicable.
(d) 
Stretch Energy Code.
(1) 
The Stretch Energy Code is incorporated, by reference, into this chapter of these Revised Ordinances.
(2) 
The Stretch Energy Code shall be enforceable by the inspector of buildings.
(C0177-20; amended as part of October 2021 update; amended 11-1-2022 by Ord. No. C0400-22)
(a) 
Authority.
This section is enacted pursuant to Chapter 356 of the Acts of 2016 authorizing the city to establish an affordable housing linkage ordinance.
(b) 
Purpose.
The purpose of this section is to ensure that new developments within the city bear a proportional or reasonably related share of the cost of development of new, expanded or redeveloped housing that matches the income of the current and future residents of the city that are unable to pay market prices for safe and sanitary housing.
(c) 
Applicability.
The following developments shall be subject to the requirements of this section, with the exception of any municipal buildings or buildings owned or to be owned by the state or federal government.
(1) 
Any new building or structure or addition to existing buildings or structures that results in 1 or more new residential dwelling units;
(2) 
Any new nonresidential buildings or structures or any addition to existing buildings or structures that will result in a total of gross square footage greater than 15,000 square feet; and
(3) 
Any change of use which results in a net increase in the linkage fee as set forth in Table 1.
(d) 
Calculation of Linkage Fee.
(1) 
In General.
Linkage fees shall be calculated based upon the linkage fee schedule in effect at the time of submittal of a complete application for a building permit.
(2) 
Determination of Use.
The determination of the applicable land use category in the linkage fee schedule shall be made by the inspectional services director or his or her designee with reference to the city’s linkage fee analysis, as the same may be revised from time to time by the city council. Should the proposed development not match precisely the land use types listed within the linkage fee schedule, the inspectional services director shall identify the land use most closely resembling the proposed development and require adherence to the payment requirements established for that closely resembling land use. When a land use classification covers more than 1 land use type listed in the linkage fee schedule as contained in Table 1, the linkage fee shall be determined by reference to the actual or proposed use of the building or structure as determined by the inspectional services director, regardless of how the fee payer would choose to characterize the use for purposes of marketing, land sale registration, permit applications, or any other purpose. When an application is requested for a structure with mixed uses, the inspectional services director shall determine the fee by apportioning the space committed to uses specified on the linkage fee schedule as contained in Table 1.
(3) 
Mixed Use Development.
Developments consisting of 1 or more principal uses as permitted by the zoning ordinance shall pay linkage fees according to the linkage fee schedule set forth in Table 1, based upon the total number of dwelling units and/or total square footage of the development when all square footage for the land use types for which building permits are sought are combined; provided, that no linkage fee shall be required for any development that does not meet or exceed the triggering thresholds set forth in Table 1.
(4) 
Linkage Fee Schedule.
a. 
Table 1: Linkage Fee Schedule.
Land Use Type
Unit of Measurement
Affordable Housing Linkage Fee
Residential uses
Per new dwelling unit
$1,000.00
Commercial, industrial or other nonresidential use greater than 15,000 square feet of gross floor area; and nonresidential redevelopment, including infill development and additions to existing nonresidential structures, resulting in total interior area greater than 15,000 square feet of gross floor area
Per square foot of gross floor area up to 30,000 square feet
$2.00
 
Per square foot of gross floor area above 30,000 square feet up to 60,000 square feet
$3.00
 
Per square foot of gross floor area above 60,000 square feet
$4.00
b. 
Transition Rules.
1. 
The following modified fees shall apply only to any residential project, for which a site plan approval, special permit or variance has been issued and filed with the city clerk, but for which no building permit has yet issued for vertical construction, prior to adoption of this section (March 1, 2021).
2. 
Any residential project, which includes at least 15 percent affordable units (as that term is defined in Section 32 of the Zoning Ordinance), shall not be required to pay any linkage fee hereunder. For any other residential project, the required linkage fee shall be five hundred dollars ($500.00) per unit for the project as approved under said site plan approval, special permit or variance.
(5) 
Linkage Fees for Redevelopment or Additions to Existing Structures.
a. 
The area of existing structures or portions thereof that predate this section shall count toward the thresholds triggering the linkage fee requirement, but shall not be included for purposes of calculating the linkage fee, provided:
1. 
Such existing structures or portions thereof have been actively and lawfully used for at least 2 years prior to issuance of a building permit for the new structure(s) or addition(s); and
2. 
No more than 50 percent of the preexisting structure is demolished in connection with the redevelopment.
b. 
The area of existing structures constructed subsequent to adoption of this section shall be included in calculation of the required linkage fee, except to the extent that such area was included in the calculation of a linkage fee previously paid pursuant to this section.
c. 
Development projects may not be segmented into separate applications or lots under common control in order to avoid or reduce the payments required under this section.
(6) 
Annual Adjustment of Linkage Fee.
to account for inflation, there shall be an automatic annual increase to the linkage fee schedule set forth in Table 1 every January 1 based on the change in the City Cost Index as published by RS Means using the Average City Cost Index for Boston, Massachusetts. The fee adjustment shall be calculated by dividing the Average City Cost Index for Boston, Massachusetts published for the current year by the index amount published for the year 2020 and multiplying the resulting ratio by each fee amount to arrive at the adjusted linkage fee.
(7) 
Collection of Linkage Fees.
a. 
Linkage fee payments shall be based upon the linkage fee repayment schedule in effect at the time of the submittal of a complete application for a building permit. To date, there have been two linkage fee repayment schedules. The first repayment schedule, as defined in enacting ordinance C0177-20, was in place from March 1, 2021, to (date of Mayor's signature for C0400-22).[1] The current repayment schedule, as defined in enacting ordinance C0400-22, shall be found below.
[1]
Editor's Note: The Mayor signed this ordinance November 21, 2022.
b. 
No certificate of occupancy required pursuant to the State Building Code or pursuant to any other rule, regulation, ordinance or statute shall be issued until the applicant has paid or provided surety securing the payment of all linkage fees required by this section. An applicant may choose to pay the required linkage fee over a period of up to three years, provided, however, that at least 10% of any required linkage fee shall be paid prior to issuance of a certificate of occupancy. In such event, the applicant shall enter into a written payment plan, approved by the chief financial officer or his or her designee, and shall secure payment of such fees through one, or in part by one and in part by another, of the methods of surety described in MGL c.41, § 81U, clauses (1) through (4) of the General Laws, or through such other means as the director of inspectional services may approve in his or her discretion and in consultation with the city solicitor. The linkage fees required hereunder shall constitute a local charge or fee for purposes of MGL c.40, §§ 57 and 58.
c. 
The record owner of the property to which the linkage fee is assessed at the time a certificate of occupancy is requested shall be responsible for payment in full of the linkage fee. Any outstanding linkage fee balance shall be paid prior to the transfer of the subject property or project (whether through sale, transfer or assignment of stock, assets or otherwise). In the case of a condominium or other project involving for-sale units, the linkage fee shall be paid on a proportional basis prior to the sale of each such unit, subject to the approval of the chief financial officer. Notwithstanding the preceding provisions of this paragraph, any successor(s) in interest shall be jointly and severally responsible for the payment of any unpaid linkage fees.
(8) 
Segregation of Linkage Fees from General Revenue.
All funds collected pursuant to this section shall be deposited into an affordable housing linkage fee revolving fund and invested by the chief financial officer, pursuant to MGL c.44, §54. This fund shall be expended under the direction of the mayor for the construction or rehabilitation of affordable housing within the city. Annually, on or before July 1, the mayor shall file a report with the city council regarding the administration of the fund; said report to include:
a. 
The current balance in the fund;
b. 
Any money deposited into the fund; and
c. 
Expenditures from the fund.
(9) 
Use of Linkage Fees.
Linkage fees collected by the city pursuant to this section may be used only to improve or otherwise increase the affordable housing stock in the city whether the same is pursuant to new construction, rehabilitation of existing housing or structures, land acquisition or other means or mechanism, including administrative expenses therefor.
(10) 
Linkage Fees Do Not Substitute for Conditions of Special Permit, Variance or Site Plan Approval(s).
Linkage fees required by this section shall not substitute or be considered a replacement for any lawful condition imposed by the planning board, board of appeals, city council or any other permitting or licensing board, body, official or department.
(11) 
Administrative Rules and Regulations.
The city council is hereby authorized to promulgate rules, regulations and policies governing the administration of this section.
(12) 
Effective Date.
The provisions of this section shall become effective upon passage by the city council and subsequent approval by the mayor and shall apply to any structure or use otherwise required to comply with this section that has not, prior to the effective date of this section, received a building permit for said structure or use.