9-9.12 Inspection of Exterior Walls and Appurtenances of Buildings Requiring Periodic Inspection.
Exterior walls and appurtenances shall mean (1) any exterior wall of a building over seventy (70') feet in height, or classified as a high rise structure, or (2) any exterior wall of an unoccupied building, of over thirty-five thousand (35,000) cubic feet and excluding residential buildings that are classified as three family, two family, or single family except as required by the Commissioner.
b. Inspection Reports. Every exterior wall defined above shall be inspected in the case of an occupied structure at least once every five (5) years and in the case of an unoccupied structure at least once a year. The inspection shall be made and a report thereon prepared by a registered architect or engineer and shall be filed with the Commissioner together with a fee in the amount of one hundred ($100.00) dollars within thirty (30) days of the inspection.
The Commissioner shall issue an exterior wall certificate only after having received satisfactory proof of inspection and the inspection report of the architect or engineer reports a safe condition. And no structure referenced in said section shall be occupied without such certificate. Prior to issuing a certificate the Commissioner may in the Commissioner's discretion require inspection by the Department at a charge of one hundred ($100.00) dollars which must be paid prior to issuance of the certificate.
The inspection report shall be a written report by the architect or engineer certifying the results of the examination clearly documenting the condition of the exterior walls and appurtenances thereto. The report shall include a record of all significant deterioration, unsafe conditions and movement observed as well as a statement regarding the water tightness of the exterior surfaces. Such report must be signed by, or bear the professional seal of, the registered architect or engineer.
Upon the filing of an inspection report indicating the existence of an unsafe condition, the Commissioner shall affix the appropriate violation on the structure and the owners, or agent, shall immediately commence repairs to remedy the violation.
The exterior wall certificate required under this section is in addition to, and not in lieu of, any other permits or licenses which may be required by the Inspectional Services Department or other public authority concerning occupation or operation of the building or structure.
Any person or entity being the assessed owner (which shall include any trustee of a trust) or being the person in control of a structure requiring an exterior wall certificate who shall fail to have the structure inspected or fail to file the inspection report with the required fee or who shall suffer occupancy of such a structure without a valid certificate shall be punished by a fine of one hundred ($100.00) dollars for each day that such violation shall continue. This fine may be disposed of under the terms of G.L. c. 40, sec. 21D or in a criminal action.