This Page Was Last Updated: 04/13/99
There are many laws and regulations which apply to construction. They are listed and briefly explained as follows:
Massachusetts State Building Code (780 CMR): This is published by the Commonwealth of Massachusetts and governs all construction work in the Commonwealth. It is based on the National Building Code published by BOCA (Building Officials and Code Administrators, International). Lexington does not have its own building codes other than the state code. A copy of the building code can be obtained at the State Bookstore in the State House. Chapter 36 of the State Building Code is available separately and deals with one and two-family construction. The State Building Code is also available on-line at the State Board of Building Regulations and Standards website.
Massachusetts Electrical Code: This is essentially the National Electrical Code, with amendments adopted by the Commonwealth. It governs all electrical work done in the Commonwealth. The National Electrical Code can be purchased at most bookstores. However, the Massachusetts Electrical Code can only be obtained at the State Bookstore.
Massachusetts Plumbing Code: This is also a state code. It governs all plumbing work done in the Commonwealth, and is available at the State Bookstore.
Lexington Zoning By-Law: The Zoning By-Law is unique to each town. Massachusetts General Law Chapter 40A empowered each town to adopt their own by-laws which govern uses of property. It does not cover the method of construction, that being under the scope of the above listed codes. The purpose of the by-law is primarily to specify which uses are allowed in town, where those uses are allowed, and what controls are put on those uses (setbacks, building heights, parking requirements, etc.). The by-law is usually updated annually (through town meeting) and can be purchased at the Town Office Building, Planning Department. It is also on file at the Cary Library, and it is available on-line in the Publications Directory (click on Code of Lexington).
Wetlands Regulations: These regulations are enforced by the Lexington Conservation Commission. If your property is close to wetlands, any construction will be subject to these regulations. Additional information is available at the Office of Community Development, Mass. General Law Chapter 131, Section 40 or the regulations promulgated pursuant to it (310 CMR 10.00, available from the State Bookstore).
Sanitary Code: This Code is enforced by the Health Division of the Office of Community Development and addresses such issues as sewer and water availability. For example, a permit can not be issued to construct a new house unless the Board of Health determines that sewer and water are available.
Historic Districts: Chapter 447, Acts of 1956, as amended by Chapter 185, Acts of 1958, Chapter 579, Acts of 1966, and Chapter 268, Acts of 1978 established four Historic Districts in Lexington. Approval must be obtained from the Historic Districts Commission prior to issuance of any building permit which affects the exterior of a structure in the Historic District. For a list of properties in the districts, HDC guidelines and other information go to the Historic Districts Commission page.
Architectural Access Board (521 CMR): These regulations do not affect one and two-family residential construction. However, if you make your home accessible because of a handicapped person residing there, you may wish to refer to these regulations for guidelines. A copy is available at the State Bookstore or on-line at the Architectural Access Board website at http://www.state.ma.us/aab. Also, if you plan on an addition for a home office, the office may have to be accessible.
Fire Prevention Regulations (527 CMR 1.00 - 50.00): These regulations are enforced by the Fire Department and address such issues as oil storage, and fire alarms. A copy can be obtained at the State Bookstore or on-line at http://www.mass.gov/dfs/osfm/fireprevention/cmr/index.htm
Subdivision Regulations: These regulations are available at the Lexington Planning Department and are available on-line in the Publications Directory. These regulations govern changes to property lines, and new subdivisions.
Town of Lexington General By-Laws: In general, these by-laws do not affect construction. However, there are sections which affect private property (snow, water & ice removal, burglar alarms, excavation of land not in conjunction with a building permit, and demolition of historically significant structures). A copy of the general by-laws is available at the Town Clerk's office and on-line in the Publications Directory (click on Code of Lexington).
The Office of Community Development is responsible for the administration and enforcement of many of these regulations. When issuing a permit we make every attempt to determine if other regulations are affected. However, it is up to the property owner to be certain that all regulations have been met. Issuance of a building permit or any other permit is not a license to set aside any provision of any regulation!