BBRS Agenda November 18, 2008 by lyk18840




                                   November 18, 2008 @ 1:00 p.m.
                                      McCormack Building,
                           Ashburton Café, One Ashburton Place, Boston, MA
                            Phone Number for Boston Office (617) 727-7532

               PART 1 PUBLIC HEARING (commencing at 1:00 PM)
                                       NOTICE OF PUBLIC HEARING
The State Board of Building Regulations and Standards will hold a public hearing pursuant to the provisions of
the General Laws, Chapter 30A and Chapter 143, Sections 94 and 97, to hear testimony on petitions to:

      Code change proposals to the 7th Edition State Building Code addressing but not limited to Chapters 1,
       2, 3, 13, 33, 34, 51, 53, 93, Regulation 5, and Appendix 120 X.

                             These code change proposals can be found at:

Schedule of Public Hearing: November 18, 2008 @ 1:00 p.m., McCormack Building, Ashburton Café, One
                            Ashburton Place, Boston, MA

Directions:                  --Enter front of One Ashburton Place
                             --Proceed through security screening
                             --Take elevator, stairs, or escalator down to the cafe level
                             --Proceed to the back of the building where the conference room is located

Information:                 Copies of the filed petitions/proposed Regulations are available for examination
                             in the Office of the Board of Building Regulations and Standards, Room 1301,
                             One Ashburton Place, McCormack State Office Building, Boston, MA 02108 and
                             may also be viewed on the DPS web page at All persons
                             desiring to file written statements or arguments on any of these petitions must file
                             same with Robert Anderson, Department of Public Safety / Board of Building
                             Regulations and Standards, Room 1301, One Ashburton Place, McCormack State
                             Office Building, Boston, MA 02108, no later than December 18, 2008.

                                                  PART 2

                              MONTHLY MEETING AGENDA
                  Tuesday, November 18, 2008 commencing after the Public Hearing
                                   The McCormack Building
                        Ashburton Café, One Ashburton Place, Boston, MA

                             Phone Number for Boston Office 617-727-7532
            Rob Anderson, Chief of Inspections- Buildings - extension 25268 or 617-593-0086 (cell)
                       Tom Riley, Code Development Manager – extension 25250
                             Don Finocchio, Code Analyst – extension 25206
                            Mike Guigli, Technical Director - extension 25215

                                              Website Address

The BBRS is comprised of eleven members representing a cross-section of the building design, construction
and regulatory communities. Statutorily, by Massachusetts General Law (MGL) c 143 § 93 the make-up of the
BBRS includes:
A Representative from the building trades, a general contractor of 1 & 2 Family Homes, a general contractor of
commercial and industrial buildings, a registered architect, a registered professional structural engineer, a
registered professional mechanical engineer, a building official from a town, a building official from a city, a
local fire chief and two ex-officio members, the chief of inspections for the Department of Public Safety or his
designee and the State Fire Marshal or his designee. Current members of the BBRS are:

                   Current Make-up of the Board of Building Regulations and Standards

Gary Moccia, Chairman - Representing Registered Professional Structural Engineers
Alexander MacLeod, Vice-Chairman- Representing Registered Architects
Robert Anderson- Chief of Inspections – Buildings, for the DPS
Timothee Rodrique - Designee for Steven Coan, State Fire Marshal, DFS
Brian Gale – Building Official from a Town
Jerry Ludwig – Representing Registered Professional Mechanical Engineers
Chief William Middlemiss – Representing Chiefs of Local Fire Departments
Douglas Semple – Building Official from a City
Stanley Shuman– Representing General Contractors of Commercial and Industrial Buildings
Harry Smith – Representing General Contractors of 1 & 2 Family Homes
Vacant Position – Representing Building Trades

The powers and duties of BBRS members are found in MGL c 143 §§ 93 through 100. General laws may be
accessed by visiting

                                          OLD BUSINESS November 18, 2008
#                                                 Subject                                           Due Date          Status
1. Meeting Minutes (when approved, minutes will be uploaded to the web):                            11/18/08           MSG
   Board Vote requested on October 14, 2008 meeting minutes/action items                             Vote          (see pgs. 1-3)
2. One- and Two-Family Residential Sprinkler Committee (OTFRSC). Nov. Meeting was                                      TMR
                                                                                                   Update only
   cancelled and the next meeting will be held on December 11, 2008.
3. Action Items From Previous BBRS Meetings:                                                         Update            MSG
   a) Request personal appearance of Myles Brown of DEP to discuss the National                        only.
       Recovery Alliance and MA Recovery Alliance and reciprocity of licensing. No reply of        Actions will
       email invitation request, so this item will be closed.                                      be removed
   b) Draft and Issue Letter to ProFab                                                                 after
   c) Issue a memo to building departments of the code change for insulation installation.         completion.
       The memo is to include a directive to pay special attention to ventilation requirements
       of the building code so that water/moisture problems are not created when insulation
       is installed. Notify insulation contractors to be advised of fire and draft stopping and
       fire rating requirements of the building code, in order to not compromise the fire
       safety features of a building, when insulation is installed.

                                          NEW BUSINESS November 18, 2008
#                                             Subject                                              Due Date           Status
1.    Approval of New Construction Supervisor Licenses Total = 101 issued between                   11/18/08
      October 9, 2008 and November 11, 2008.                                                         Vote
2.    Request for “Building Official Use Only” CSL for Municipal Building Inspector:                11/18/08
      James Plouffe, City of Brockton Building Official CSL# 80331                                   Vote
3.    Request for CSL change to active status for Municipal Building Inspector:                   Placeholder         MSG
4.   .Request for reinstatement of CSL beyond the one-year expiration period:                       11/18/08
      Patrick Maguire, CSL #4457 with medical justification                                          Vote
5.   Local Building Permit Applications for BBRS approval.                                        Placeholder         MSG
6.   Docket 08-622 41 River Road (Nourse Farm), Whately, MA. Reopening of the appeal                11/18/08           MSG
     hearing before the full BBRS.                                                                   Vote           (see pg. 4)
7.   Code Change Proposals:
     a) Advance Energy Code Provisions. Presentation by EOEA on 780 CMR code
          changes required to fulfill requirements of the Green Communities Act. This                                 MSG
          presentation will serve as the introduction to the subject and outline the plan that                    (see pgs. 5-7)
          EOEA and DPS (through the BBRS Staff) will take to generate the code change
          language along with the documentation that will be needed to justify it.
     7th edition Errata:
     The BBRS Staff has discovered or been made aware of errata in both volumes of the
     seventh edition. The Staff is submitting all of these errata in one package to the
                                                                                                    11/18/08            DF
8.   Secretary of State, which will then print in January a code with all changes
                                                                                                     Vote         (see pgs. 8-10)
     incorporated. Prior to doing so a BBRS vote is requested on the current errata package
     and also on any errata that may be received between now and the December BBRS
     „Special‟ Qualifications for BBRS Consideration in Sitting for the CSL Exam
      Peter Rego is recommended as qualified to sit for the 00 CSL exam.                           11/18/08
9.                                                                                                                    MSG
      Donald Miller is recommended as qualified to sit for the 00 CSL exam.                         Vote
      Fred L. Carter is recommended as qualified to sit for the 00 CSL exam.
10. CSL Continuing Education                                                                        Update             RA

    Exemptions from HIC Registration:
    Unless expressly exempt by 780 CMR, Section R6.1.6, any person or company who
    performs improvements to single to four-family, owner occupied homes is required to
    be registered as a Home Improvement Contractor. A question on this subject arose              11/18/08
11.                                                                                                              MSG
    regarding residential cleaning services for exterior siding. The BBRS staff recommends         Vote
    that this service be not exempted from the requirement because of the issues that may
    arise if this service is not performed properly (wetting of interior surfaces, removal and
    dispersion of lead based paint, etc.).
    Office of Consumer Affairs (OCA) Referral Hearings:
    The Office of Consumer Affairs (OCA) periodically sends a list of HIC registrants who
    have failed to pay a judgment to the guaranty fund following an OCA hearing.
    Typically, a registration\license will be suspended for failure to re-pay the fund.           11/18/08
12.                                                                                                               RA
    However, only members of the Board (or hearings officer) can take this action. Usually,        Vote
    group hearings are held where 5 or more registrants\licensees are held accountable.
    Rather than assigning these hearings to a hearings officer, the BBRS staff would like to
    instead forward these to the Board and have a standing agenda item for dispensation.
    Statements of Financial Interest (SFI):
    An update and simplification on the filing of SFIs may be in the offing for BBRS
13.                                                                                              Discussion       RA
    members. If appears that SFIs need to be filed if members receive compensation and
    have the authority to “expend public funds other than the reimbursement of expenses”
    Confirmation or reversal on DPS denial of Specialty CSL applications:
     Craig Huffman requests that his application for a grandfather CSL be processed.             11/18/08       MSG
     Stephen Liuzzi is requesting that his CSL be reinstated vs. being required to retest.        Vote       (see pg. 11)
     Ronald Lewis requests that his application for a grandfather CSL be processed.
    Approval of Concrete Test Laboratories                                                        11/18/08
15.                                                                                                              TMR
    Combination photoelectric/ionization smoke detectors
16. Discussion of and need to harmonize requirements w/Fire Service “Upon Sale or                Discussion      TMR
    Transfer” Law
17. Appeals Decisions in „Summary‟ Form                                                           Update
                                                                                                              (see pg. 12)
18. Other


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