Town of Westwood, MA
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Residential Construction FAQs
Residential Construction
- A shed of up to 200 square feet is small enough so as to not require a foundation. However, it must still be anchored to the ground. Kits are available for this purpose. This is to prevent overturning due to wind, and is especially important for aluminum sheds. Sheds greater than 200 square feet, or which have utilities connected to them (plumbing, gas, electric, sewer, etc. as in the case of a swimming pool filter house), must be on a footing extending below the frost line to prevent movement due to frost action.
- At the minimum, a Building Permit would need to be obtained, and triple the normal permit fee would be assessed. Section R113.3 of the Massachusetts State Building Code also allows for a fine of up to $1000.00 per day. If work requiring inspections is covered or buried, it would be required to be uncovered for inspection, and if any work is in violation of the Building Code or Zoning Bylaw, it will be required to be corrected. Failure to obtain a Building Permit may jeopardize your home owner's insurance and your ability to obtain Building Permits in the future.
- Generally, no. However, the issuance of a Building Permit gives the inspector the authority to enter the premises at any reasonable hour for the purpose of determining compliance with the approved Building Permit. Denial of permission to enter the premises could result in revocation of the Building Permit.
- Storage sheds that exceed 200 square feet require Building Permits.
- Yes, the same setback requirements in effect for houses apply to sheds regardless of size.
- The Building Department has plot plans on file for many properties in Town. If available, these may be acceptable. Otherwise, you must contact a Registered Land Surveyor or Civil Engineer to prepare a plan for you.
Yes. For most projects, 2 sets of Construction Plans, a demolition affidavit, an energy form (either the short form or a Mass Check), a Land Use check list signed by the appropriate departments, a copy of the State's Worker's Compensation Insurance affidavit, and a signed home owner's letter (obtained from the Building Department). The alteration of the foot print of the house or the addition or expansion of an upper floor level will require a copy of a certified plot plan.
A home owner applying for the Permit in his/her own name you will need to also sign a Home Owner's affidavit.
If you are altering or adding a bedroom, constructing a new home, or applying for a permit for a commercial project you will need to submit 3 sets of plans to the Fire Department for their approval. They will return 2 copies to you that should then accompany your application to the Building Department.
- Section R202 of the State Building Code defines ordinary repairs as "any maintenance which does not affect structure, egress, fire protection systems, fire ratings, energy conservation provisions, plumbing, sanitary, gas, electrical, or other utilities". This has been interpreted to mean that, for example, several rotted floor boards can be replaced on a deck, but the deck can not be rebuilt without a Building Permit. Also, damaged roof shingles can be repaired, but a substantial section of the roof can not be re-shingled without a Building Permit. If in doubt as to how much work can be done under the umbrella of "ordinary repairs", contact the Building Department before the start of work.
- The Building Department has 30 working-days in which to review an application and issue or deny a Building Permit. The actual time can vary from 1 day up to the maximum 30 day limit, depending on the number of applications ahead of yours and the complexity of the project. Roofing, siding, and replacement window Permits are usually issued at the time of the application. Should additional documents, revisions to the application, or changes in the proposed work be required, the 30 working-day period shall restart.
- In most cases, Construction Plans are required. However, for minor work such as roofing or siding, the requirement for plans will usually be waived. When plans are required, two copies must be submitted. At least one copy must be no larger than 11" X 17" for our files. One will be returned with an approved stamp placed on it, and one will be kept for our files. A copy of the approved plans must be kept on the job site at all times for the inspector to view.
- There are too many variables to give an accurate estimate. You should contact a registered surveyor or civil engineer for this information.
- Simply call the Westwood Building Department and we will determine if a violation exists. If you wish to file a formal complaint for enforcement action, the complaint must be submitted to the Building Department. You will be informed of any action taken on your written complaint.
- Yes. A swimming pool must meet the set back requirements for an accessory structure in your Residential District. The setback is measured to the water line.
- In most cases, no. However, if the work involves unique methods or materials such as LVL's, steel beams, or "I" joist flooring systems the Building Department may require that the plans be stamped by a Registered Architect or Engineer. Commercial projects require stamped plans as well as a Construction Control Affidavit.
- The Building Department does not have the authority to waive a requirement of the Building Code. If code compliance is not possible due to a unique situation, a variance must be obtained from the State Board of Building Regulations and Standards. The application for a variance can be obtained at the Building Department's office, or here. The variance procedure is lengthy, so allow ample time in any project schedule.
- The surveyor generally knows the procedure for preparing a plot plan and what information is required. Setbacks to all existing and proposed structures must be shown, and if any existing structure is to be demolished, its location must be shown. Also, any easements must be indicated as well as a new driveway and/or curb cut. For new houses, existing and proposed grading must be shown so that the height of the structure can be determined.
- A full set of Construction Plans must be submitted. These must be make clear what work is being done and how it is being done. The plans should be to scale and legible, and a title block giving the address of the project must be provided on the lower right-hand corner of all sheets. Any applicable items from the building code must be addressed on the plans. In general, plans for new construction should include floor plans, foundation plans, framing plans, cross-sections, and elevations. Simply adding a note to the plans that says "all work to comply with codes" is not sufficient. Remember, the more complete that the plans are, the less likely problems will arise during the review process, construction, and inspections. At least one copy should be no larger than 11" x 17".
- A full set of Construction Plans must be submitted. These must be make clear what work is being done and how it is being done. The plans should be to scale and legible, and a title block giving the address of the project must be provided on the lower right-hand corner of all sheets. Any applicable items from the building code must be addressed on the plans. In general, plans for new construction should include floor plans, foundation plans, framing plans, cross-sections, and elevations. Simply adding a note to the plans that says "all work to comply with codes" is not sufficient. Remember, the more complete that the plans are, the less likely problems will arise during the review process, construction, and inspections. At least one copy should be no larger than 11" x 17".
- If access to the permitted work requires the inspector to walk through your existing, furnished house, someone must be present to let the inspector in. The inspector will not enter an unoccupied furnished house. We also will not enter a house in which only a child is home, unaccompanied by an adult. In these cases, please make arrangements with the inspector for a time to meet. We will try to accommodate your schedule as much as possible. However, the large number of inspections, and the unpredictable length of time each inspection may take, makes precise appointments difficult.
Insurance coverage on the property could be jeopardized if a Permit for work done on the property was required, but not obtained; or if the appropriate Permits were obtained but all of the required inspections were not completed. The property owner is ultimately responsible, even if a contractor has or has not obtained the Permit. "Open" Permits (no final inspections completed) may affect the ability to obtain future Permits, or sell the property.
To remedy a such a situation, licensed contractors must obtain the appropriate Permits and certify to the Building Department that the work has been completed to code. The Building Department will also conduct its own inspections. Some portions of the work may need to be exposed (dug up, walls opened, etc.) in order for it to be inspected.
- No. Plot plans can only be prepared by a Registered Land Surveyor or Civil Engineer, and must bear his/her stamp.
- No, not without a variance or special Permit granted by the Board of Appeals. All new construction (except for walls or fences not greater than six feet) must comply with the setback requirements.
- The Zoning Bylaw of the Town of Westwood restricts what types of home occupations are allowed in residential districts. The occupation must be accessory to the principal residential use of the property. Sections 4.3.3 and 4.4.1 of the Zoning Bylaw address home occupations and accessory uses in residential districts.
No. These calls must be made by the Licensed plumber or electrician. The amount of notice required is stated in their respective codes.
The Westwood Zoning By-Law requires a Special Permit granted by the Board of Appeals for the creation of accessory apartments in existing structures, apartments in accessory buildings (out-buildings), and the conversion of single family homes to two family homes. See the Zoning Bylaw, Sections 4.3.3.12 and 8.6 for additional information. Also, a Building Permit is required for the creation of an apartment, as well as electrical, gas, mechanical, and plumbing Permits.- No. These calls must be made by the Licensed plumber or electrician. The amount of notice required is stated in their respective codes.
- No. These calls must be made by the Licensed plumber or electrician. The amount of notice required is stated in their respective codes.
- No. A Certificate of Occupancy is generally issued only for new construction (new houses, additions, decks, etc.) or for changes in use of an existing area (finishing an attic, etc.). Certificates are not required or issued for roofing, siding, etc.
- For all new structures, and for additions which are close to the required setbacks, a certified "as-built" plot plan must be submitted to the Building Department after completion of the foundation. Framing can not proceed until the plot plan has been submitted.
- Yes.
- No. Work can not proceed until the Permit has been issued.
- Section R105.5 of the State Building Code states, "Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated". Extensions are normally granted without any trouble. However, if there have been changes to the Zoning Bylaw or Building Code subsequent to the original issuance of the Permit, any grandfather status may be lost if work has not begun (i.e., you will have to comply to the new requirements). In addition, there is a fee for each 6 month extension requested.
- No. They are listed in the yellow pages. It is suggested that you contact a surveyor who is familiar with the area. Shop around, as prices vary greatly.
- No. The fee is based on valuation as if a contractor were bidding the job, not necessarily how much the job cost you.
- In most cases, no. However, at your request we may issue a temporary Certificate of Occupancy if the work is near completion and the structure can be occupied safely. This Certificate will have an expiration date and list the work required to be completed prior to issuance of the permanent Certificate. Failure to complete the noted work, or comply with any other stipulations, may result in the Certificate of Occupancy being revoked. This would mean that the structure could no longer be occupied.
- Yes, a stamped certified plot plan is still required. There may be easements, wetlands or other restrictions that the property owner is not aware of and will only be shown on a certified plot plan.
- No. You must submit a certified plot plan showing the location of the proposed addition. This can generally be done by the registered surveyor or the civil engineer.
- The Town does not regulate the installation of tennis or sports courts in Residential Zones. However, a Building Permit is required for the installation of a fence or fence/wall combination that exceeds six feet in height and the fence will be required to meet the setbacks of an accessory structure in your zoning district.
- All woodstoves must have a separate Building Permit, even if they are being installed as part of an addition or new home which already has a Permit. This is because the inspections are done by both the Fire Department and Building Department and a separate Certificate of Occupancy/Use is issued. We issue separate certificates since most insurance companies like to know that these have been inspected.
- In that unlikely situation, the Building Inspector has the authority to approve or disapprove the proposed methods of construction and other aspects of the proposed work.
- If the work involves a new structure or an addition to an existing structure (including a vertical addition), a plot plan is required. As with Construction Plans, you must submit two copies.
- Typically, the Building Department will respond to an inspection request within 24 hours and complete the inspection within 48 hours after that. However, due to a heavy number of inspection requests and the varying complexity/timing of inspections, this timeline may change. The Building Code has specific requirements for inspection requests on certain items (prefabricated houses, for instance). Plan on giving 24-48 hours notice when requesting an inspection. The Building Department will let you know of a more specific schedule when the request is made.
- The inspector will sign your Building Permit card, showing that all the permitted work has been accepted. Also, if for any reason you want a Certificate of Occupancy simply request one and it will be provided.
- No. That will be done by the Building Department. In general, it is based on the valuation of the work, which you provide in the applicable space on the Permit application.
- It is the responsibility of the Building Permit holder to call the Building Department to arrange for the required inspections. Required inspections are indicated on the Building Permit card, which you receive when your Building Permit is issued.
- Yes. Revised plans must be submitted to the Building Department prior to constructing the change. Also, an application for revised plans must be submitted and additional fees, if any, paid. If the new work is a lower valuation than the original work, no refunds are given.
If my Building Permit is denied, or if I decide not to proceed with my project after the Permit is issued, can I get my fee back?
No. If the Building Permit is denied due to problems that can be resolved, you simply resolve the problem and the Permit will be issued. Once the Permit is issued, fees cannot be returned and refunds are not given if the scope of your project is reduced.- Yes. If you submitted plans along with your Permit application, a copy of these plans, bearing an "approved" stamp was returned to you along with the Building Permit card when the permit was approved. These "approved" plans must be available for the inspector to review for determination that the work is in compliance. The Building Permit card must also be kept at the project site.
- Yes. A gas permit is required and a Building Permit may be required.
- A deposit of $75 is required with each residential application and 50% of the total fee with each commercial application for a Building Permit. The balance of the fee is paid at the time the Permit is picked up. Electrical, mechanical, plumbing, sprinkler, and gas permits follow the same formulas.
- Applications for Building Permits may be accepted only after the expiration of the applicable appeal period. Proof that the decision has been filed with the Registry of Deeds must also be submitted.
- The applicant listed on the application will be called when the Building Permit is issued. If we are unable to reach you by telephone you will be notified by mail. When the Building Permit is ready, it must be picked up, by the applicant, at the Building Department.
- A Building Permit ensures that work is done correctly and safely, and the permit fee is cheap assurance against faulty construction. Also, there are legal and financial liabilities that you face when you don't get a Building Permit when required. Work done without a Building Permit is illegal and can pose serious complications for you when you try to sell or refinance your house. Any fire and homeowner's insurance you have may be invalidated if you do work without the required permits.
- The card must be posted in a location visible from the street and accessible to the inspector at the site of the permitted project.
- No. Due to obvious conflicts of interest, we can not get involved in the hiring or recommendation of contractors or in any contract disputes. One way to find a good contractor is to ask someone who has recently had similar work done on their home for a recommendation. The Building Department has a list of all Permits issued that can be reviewed to locate some addresses which appear to have had similar work done. The owner and contractor are also listed. We suggest that you review this list and if you find a project similar to yours, contact the owner to see if they were happy with the work. Most homeowners are happy to talk about their construction projects. Keep in mind that it is important to check references, but don't rely on references given to you by the contractor.
- The state of Massachusetts Building Code defines a homeowner as a "Person(s) who owns a parcel of land on which he/she resides or intends to reside, on which there is, or is intended to be, a one- or two-family dwelling, attached or detached structures accessory to such use and/or farm structure. A person who constructs more than one home in a two-year period shall not be considered a homeowner.
- If you are unsure of the valuation of the work, the Building Department will estimate it for you. The Building Department will use the values of similar projects recently completed in the Town of Westwood. If the figure you put on the application is too low, the Building Department will adjust it accordingly.
- Yes. All inspectors have business cards and photo identifications. If in doubt as to the inspector's identity, please request identification.
- The Zoning Officer in the Town of Westwood is the Building Commissioner and is responsible for the enforcement, administration and interpretation of the Town Westwood Zoning Bylaw. Section 10.1.4 of the Zoning Bylaw deals with enforcement, and gives specifics on notices, complaints, and timing.
- No. State law requires anyone performing electrical, mechanical, plumbing or gas work to be Licensed.
- Included in the Building Permit application for a wood stove should be a copy of the manufacturer's installation instructions. These must show required clearances to combustible materials, among other things. Installation must be in accordance with the manufacturer's instructions, as this is what the inspector will reference during their inspection. Also, the wood stove must be labeled either by U.L., Underwriters Laboratories, or other accredited laboratory.
- A perimeter fence or wall, or a combination of the two, not greater than seven feet in total height may be located on, or close to a lot line. A fence of up to seven feet can be constructed without a building permit, while a fence between seven and eight feet high requires a building permit to be issued by the Building Department as well as a Special Permit issued by the Zoning Board of Appeals. Any perimeter fence over eight feet would require a variance issued by the ZBA, or would have to comply with the zoning setbacks for an accessory structure. A wall over four feet, measure from the base of the footing/foundation below grade to the top of the wall, requires a building permit.
Yes, Section R105.2 of the State Building Code allows the following work to be done without a Building Permit:
- One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, but not garages, provided the floor area does not exceed 200 square feet.
- Fences not over six feet high.
- Retaining walls that are not over four feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge, or that retain over four feet of unbalanced fill.
- Sidewalks and driveways.
- Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
- Prefabricated swimming pools that are less than 24 inches deep.
- Swings and other playground equipment.
- Window awnings supported by an exterior wall and do not require additional support.
- Decks not exceeding 200 square feet in area, that are not more than 30 inches above grade at any point, are not attached to a dwelling and do not serve the exit door required by subsection R311.4.
Additionally, ordinary repairs do not require a Building Permit. Sidewalks and driveways may require permits from the Highway Department, and there are restrictions on the amount of paving and impervious coverage allowed in the Zoning Bylaw of the Town of Westwood. Expansion of a parking lot may require review by the Planning Board.
- Section R110.1 of the State Building Code states, "No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefore as provided herein." Essentially, all the work under the permit must be completed, inspected, and accepted prior to the issuance of a Certificate of Occupancy.
- Yes, subject to the provisions of Section 6.2 of the Zoning Bylaw. A Sign Permit may be required, which would be issued by the Building Department.
- Your Building Permit fee covers the cost of plan review and inspections to determine compliance with applicable Building Codes and the Zoning Bylaw.
- The Zoning Bylaw of the Town of Westwood controls the uses of land, the size, height, bulk, location and use of structures, including buildings and signs. It also regulates noxious uses, areas and dimensions of land to be occupied or unoccupied by uses and structures, courts, yards and open spaces, the density of population and intensity of use, accessory facilities and uses, such as vehicle parking and loading, landscaping and open space. The Zoning Bylaw can be found here.
- Section R105.1 of the Massachusetts State Building Code states: "It shall be unlawful to construct, reconstruct, alter, repair, remove or demolish a structure; or to change the use or occupancy of a building or structure; or to install or alter any equipment for which provision is made or the installation of which is regulated by this code without first filing a written application with the building official and obtaining the required permit. This includes, but is not limited to, new structures, additions, dormers, chimneys, wood-stoves, decks, roofing, siding, swimming pools, antennae, and sheds. Section R105.2 lists exemptions. Ordinary repairs also do not require a Building Permit. Paving projects do not require a Building Permit but will require a Permit from the Highway Department if work is being done within the public right-of-way, and for a curb cut if a driveway is being installed. There are also zoning restrictions on the amount of paving and impervious coverage on a lot. See Table 5.2 of the Town's Zoning Bylaw for these restrictions. Expansion of a parking lot may require site plan review by the Planning Board.
- Fees for Building, Plumbing, Mechanical, Gas, Sprinkler, and Electrical Permits are listed on our web page under the Building Department Fees link. These fees are subject to change, so check with the Building Department for the latest fee schedule.
- Only if a variance or Special Permit is granted. The procedures which must be followed can be obtained by contacting the Zoning Board of Appeals. Information on Special Permits and Variances can be found in Sections 10.3 and 10.4, respectively, in the Zoning Bylaw.
- If the disagreement can not be resolved, an appeal can be filed with the State Board of Building Regulations and Standards, using the same application used for a variance. This can be found at the Building Department's office, or here.
- The purpose of a Plot Plan is for determination of compliance with dimensional controls of the Zoning Bylaw. A mortgage plan is only a rough approximation of where the house is located, and was prepared for mortgage purposes only. Due to the inaccuracy of these plans, they are not acceptable.
- The inspector will look at the construction to determine conformance with the permitted documents and approved plans, as well as Building Codes and the Zoning Bylaw.
- Anyone who violates a provision of the Zoning Bylaw, or of any condition of a Variance, a Special Permit, or a Special Permit with site plan review, shall be punishable by a fine of not more than one hundred dollars ($100) for each offense. A Criminal Complaint may also be filed, and shall be punishable by a fine of not more than two hundred dollars ($200). Each day during which any portion of a violation continues under the provisions of the Zoning Bylaw shall constitute a separate offense.
- Yes. The plans could be revised, so the violation no longer exists, or a variance or special permit could be sought. The other option is to appeal the decision of the Building Commissioner. Per Massachusetts General Law Chapter 40A, Section 8, "An appeal to the permit granting authority as the zoning ordinance or by-law may provide, may be taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of this chapter, by the regional planning agency in whose area the city or town is situated, or by any person including an officer or board of the city or town, or of an abutting city or town aggrieved by an order or decision of the inspector of buildings, or other administrative official, in violation of the chapter or any ordinance or by-law adopted thereunder." Such an appeal should be filed in accordance with Section 10.1.7 of the Zoning Bylaw.
- The Zoning Bylaw of the Town of Westwood defines a setback as "the minimum horizontal distance from the Lot Line to the nearest point of a building or structure". All new construction in the Town of Westwood must conform to minimum setback requirements as outlined in Section 5.0 of the Zoning Bylaw. These requirements apply to all structures (sheds, additions, new dwellings, etc.) which are constructed or altered.
If a homeowner applies for and is issued a Building Permit, a contractor they then hire to perform the work does not need to be licensed, so long as the homeowner acts as the supervisor for the contractor. If the contractor applies for and is issued the Building Permit, they must be licensed. Be wary of a contractor who tries to convince you to obtain a Building Permit as a way around their need for a license.
The Town of Westwood recommends that licensed professionals be hired to perform the work covered by a Building Permit. There are protections in place for individuals who hire contractors with a CSL or HIC, which will not be available if unlicensed individuals are contracted, or the homeowner performs/supervises the work themselves. More information on the Massachusetts Home Improvement Contractor program can be found here. Information about the Construction Supervisor License program can be found here.
Yes and no. The Massachusetts State Building Code allows a homeowner to apply for and be issued Building Permits associated with their own property. The homeowner can perform the work themselves or hire a licensed individual to perform the work under the permit issued to the homeowner. Note that in this scenario, the homeowner would be still be responsible for insuring that all work would be compliant with any applicable codes, bylaws, and regulations, but the contractor would still be required to hold the appropriate licenses.
Items covered under trade permits, such as gas, plumbing, electrical, need to be performed (and permits obtained) by contractors licensed in that specific trade. Also, a homeowner, cannot perform work associated with manufactured buildings.
If a contractor applies for a Building Permit, and performs the work covered by it, they must be appropriately licensed by the State of Massachusetts, with either a Construction Supervisor License (CSL) or Home Improvement Contractor (HIC) registration. Section 110.R5.1.3.1 of the Massachusetts Building Code states:
"Individuals supervising persons engaged in construction, reconstruction, alteration, repair, removal or demolition involving any activity regulated by any provision of 780 CMR, shall be licensed in accordance with 780 CMR 110.R5. Individuals engaged in the supervision of the field erection of manufactured buildings in accordance with 780 CMR 110.R3, shall be licensed as construction supervisors.
Exception. Any homeowner performing work for which a building permit is required shall be exempt from the licensing provisions of 780 CMR 110.R5, provided that if a homeowner engages a person(s) for hire to do such work, then such homeowner shall act as supervisor. This exception shall not apply to the field erection of a manufactured building constructed pursuant to 780 CMR 110.R3."
A list of work requiring either a CSL or HIC can be found here.
The Town of Westwood recommends that licensed professionals be hired to perform the work covered by a Building Permit. There are protections in place for individuals who hire contractors with a CSL or HIC, which will not be available if unlicensed individuals are contracted, or the homeowner performs/supervises the work themselves. More information on the Massachusetts Home Improvement Contractor program can be found here. Information about the Construction Supervisor License program can be found here.
- Yes, for all pools, including above-ground pools, a barrier complying with the Massachusetts State Building Code is required. It is a good idea to check the requirements, as they are very specific and include information on locks, alarms, and openings/gates.
- Yes. The State Building Code has very specific requirements for swimming pools, hot tubs, and spas. This includes barriers and/or fences surrounding the pool.