A permit is required for most construction work in Massachusetts with some exceptions.
105.1 Required. It shall be unlawful to construct, reconstruct, alter, repair, remove or demolish a building or 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 780 CMR without first filing a written application with the building official and obtaining the required permit.
There are two slightly different lists of exemptions depending on the use of the principal structure on the property.
For example;
Section 105.2 of 780 CMR contains the list of exemptions for other than detached 1 or 2 family homes and townhouses and accessory structures.
105.2 Work Exempt from Permit. Except for activities which may require a permit pursuant
to other laws, by-laws, rules and the specialized codes of M.G.L. c. 143, § 96, a building permit
is not required for the following activities:
1. One-story detached accessory structures used as tool and storage sheds,
playhouses and similar uses, provided the floor area is not greater than 120 ft.2 (11
m2).
2. Fences not over seven feet (2,134 mm) high.
3. Oil derricks.
4. Retaining walls that are not over four feet (1,219 mm) in height measured from
the bottom of the footing to the top of the wall, unless supporting a surcharge or
impounding Class I, II or IIIA liquids.
5. Water tanks supported directly on grade if the capacity is not greater than 5,000
gallons (18,925 L) and the ratio of height to diameter or width is not greater than
2:1.
6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent
grade, and not over any basement or story below and are not part of an accessible
route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish
work.
8. Temporary motion picture, television and theater stage sets and scenery.
9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less
than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18,925 L) and
are installed entirely above ground.
10. Shade cloth structures constructed for nursery or agricultural purposes, not
including service systems.
11. Swings and other playground equipment accessory to detached one- and two family
dwellings. See also521 CMR for accessibility requirements as applicable.
12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall
that do not project more than 54 inches (1,372 mm) from the exterior wall and do
not require additional support.
13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over five
feet nine inches (1,753 mm) in height.
14. Greenhouses covered exclusively with plastic film. This exemption does not
apply if the greenhouse is to be used for large assemblies of people or uses other
than normally expected for this purpose.
15. Replacement or repair of any component or components of a fire protection
system, where such does not affect system performance and compatibility. No
building permit is required for maintenance. Other permits, however, may be
required pursuant to applicable provisions of M.G.L. c.148, § 27A and of 527
CMR.
Section R105.2 contains the list of exemptions from permits for detached 1&2 family homes and townhouses.
R105.2 Work exempt from permit. . Except for activities which may require a permit pursuant
to other laws, by-laws, rules and the specialized codes of M.G.L. c. 143, § 96, a building permit
is not required for the following activities:
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 200 square feet (18.58 m2).
2. Fences not over 6 feet (1829 mm) high.
3. Retaining walls that are not over 4 feet (1219 mm) 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.
4. Sidewalks and driveways.
5. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
6. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
7. Swings and other playground equipment.
8. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.
9. Decks not exceeding 200 square feet (18.58m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4.
Contact the Lee/Lenox Building Department if you are not sure if one of the exemptions applies to your project.
