ARTICLE 1: ELECTRICAL CODE AND WIRE INSPECTION
Section 1. Electrical Code
The Electrical Code for the Town shall be the Commonwealth of Massachusetts State Electrical Code, 527 CMR 12.00, its referenced codes and standards, and M.G.L. c.143 as from time to time amended.
Section 2. Installation and Maintenance
The installation and maintenance of all wires shall be under the supervision of the Inspector of Wires, and all wires and structures supporting or carrying the same, and all devices connected thereto shall be in accordance with the latest edition of the Commonwealth of Massachusetts Electrical Code.
Section 3. Poles
A. Location and Identification - No two lines or poles bearing conductors of a like class may be erected on any street, avenue or square, and no two lines or poles may be erected on the same side of any street, avenue or square. Poles shall be set in the sidewalk not less than tell inches from the outer side or the curb line and shall not be located within less than ten feet of any lamp post or any other pole, except when they are designed to carry wires on running at an angle to each other nor less than four feet of any catch basin or hydrant. All poles shall be suitably painted and kept in good condition to the satisfaction of the Inspector of Wires, and they shall be stenciled, marked or branded with the owner's name or initials at a point not less then five nor more than seven feet from
the ground.
B. Spacing and Size - Where possible, all poles must be uniformly spaced and of a uniform height, and shall not be more than 180 feet apart. No pole less than 35 feet shall be set in the streets of the Town, except poles for trolley span wires and polls used as ornamental lighting standards. All pole, except those used for ornamental lighting, shall be set not less than five feet in the ground under ordinary soil conditions and shall be stepped commencing eight feet from the sidewalk, such steps to be parallel with the sidewalk curbstone. Deviations from the rule may be permitted by the lnspector of Wires. Poles shall be set on lot lines or in positions which will cause a minimum of interference with private driveways or walks. Extensions must not be made on any pole without the approval or
the lnspector of Wires. The first gain on every pole wbich in accordance with the provisions of the National Electrical Safety Code would be designated for Class C circuits shall be reserved for the use of signal wires of the Town.
C. Cross Arms - Cross arms shall be painted with at least two coats of an approved paint. The same initials of the owner shall be plainly indicated on every cross arm attached to a pole within the Town by the use or a suitable tag or by painting, stenciling or branding them. Where wires of different ownership occupy the same cross arm, suitable tags bearing the name of the owner shall be attached to such wires at or near the insulator.
D. Pole Use - No staple, ring, chain or other device shall be driven into or fastened to any pole for any purpose other than as required for the proper installation and maintenance of a pole and its attachments. No person shall deface any pole by the use of a lineman's spurs or otherwise below the lowest cross arm.
E. Replacement Poles - New poles shall not be brought onto any street more than two days in advance of the time they are to be set and when old poles are taken down they must be removed from the street the same day. Old poles temporarily lashed or fastened to new poles pending the transfer of wires must be removed within thirty days or installation of new pole. When pole Iocations are abandoned a report of the same shall be made to the lnspector of Wires as soon as work is completed.
Section 4. Clearance of Wires
The first point or attachment to buildings of wires for light, heat or power service shall not be less than nine feet above the ground, or any platform, or structure on which a person may stand. All such wiring attached to and carried along the outside of any building shall be enclosed in an approved iron conduit.
Section 5. Approval
The wiring of any building for light, heat or power, will not be approved until the installation of all fire stops and all metal piping for any purpose whatsoever, whether or not covered with an insulating material, has been accepted by that department of the Town having jurisdiction.
Section 6. Inspection
No conduit, either within or connecting two buildings, or any wiring within or between two buildings to by used in connection with the distribution of current for light, heat, or power shall be covered over until a written permit therefor has been issued by the Inspector of Wires, and such permit posted in a conspicuous place on or within the building so wired. Fees shall be charged in accordance with the schedule of Electrical Permit Fees in Title IX, Article 2, Section 4 of the By-Laws.
Section 7. Disconnection
Whenever, in the opinion of the Inspector of Wires, any electrical conductors or appliances used for the distribution or consumption of a current of electricity for light, heat or power purposes are in a dangerous condition, he is hereby authorized to cause the current to be shut off if the existing defect is not remedied within a reasonable time after written notice has been given to the owner or user of such defective conductor or appliance.
Section 8. Utility Poles
No two lines of poles bearing conductors of alike class may be erected on any street, avenue or square, and no two lines of poles may be erected on the same side of any street, avenue or square. Poles shall be set in the sidewalk not less than ten inches from the outer side of the curb line and shall not be located within less than ten feet of any lamp post or any other pole, except when they are designed to carry wires on streets running at an angle to each other nor less than four feet of any catch basin or hydrant. All poles shall be suitably painted and kept in good condition to the satisfaction of the Inspector of Wires, and they shall be stenciled, marked or branded with the owner's name or initials at a point not less than five nor more than seven feet from the ground.
Section 9. Pole Location and Size
Where possible, all poles must be uniformly spaced, and of a uniform height, and shall not be more than one hundred and eighty feet apart. No pole less than thirty-five feet long shall be set in the streets of this town, excepting poles for trolley span wires and poles used as rnamental lighting standards. All poles, except those used for ornamental lighting, shall be set not lessthan five feet in the ground under ordinary soil conditions and shall be stepped commencing eight feet from the sidewalk, such steps to be parallel with the sidewalk curbstone. Deviations from this rule may be permitted by the Inspector of Wires. Poles shall be set on lot lines or in positions which will cause a minimum interference with private driveways or walks. Extensions must not be made on any pole without the approval of the Inspector of Wires.
The first gain on every pole which in accordance with the provisions of the National Electrical Safety Code would be designated for Class C circuits shall be reserved for the use of the signal wires of this town.
Section 10. Pole Cross Arms
Cross arms shall be painted with at least two coats of an approved paint. The name or initials of the owner shall be plainly indicated on every cross arm attached to a pole within the town by the use of a suitable tag or by painting, stenciling or branding them. Where wires of different ownership occupy the same cross arm, suitable tags bearing the name of the owner shall be attached to such wires at or near the insulator.
Section 11. Pole Use
No staple, ring, chain or other device shall be driven into or fastened to any pole for any purpose other than as required for the proper installation and maintenance of a pole and its attachments. No person shall deface any pole by the use of a linemen's spurs or otherwise below the lowest cross arm.
Section 12. Replacement Poles
New poles shall not be brought onto any street more than two days in advance of the time they are to be set and when old poles are taken down they must be removed from the street the same day. Old poles temporarily lashed or fastened to new poles pending the transfer of wires must be removed within thirty days of installation of new pole. When pole locations are abandoned a report of the same shall be made to the Inspector of Wires as soon as the work is completed.
Section 13. Clearance
The first point of attachment to buildings of wires for light, heat or power service shall be not less than nine feet above the ground, or any platform, or structure on which a person may stand. All such wiring attached to and carried along the outside of any building shall be enclosed in an approved iron conduit.
Section 14. Street Railway Feeder Switch
All street railway companies operating within this town shall install suitable switches in the feeder or supply circuit of their system at such points as the Inspector of Wires shall designate.
Section 15. Appeals
Any person aggrieved by the refusal of a permit or by an order requirement or direction under this article insofar as they may apply to the installation of wire within a building or structure, may, within ten days from the date of such refusal, order, requirement or direction, appeal therefrom to the Board of Appeals, provided in the Building Code of the Town of Arlington.
After notice given to such parties as the Board shall order, a hearing shall be had and the Board shall affirm, annul or modify such refusal, order, requirement or direction. If the refusal, order, or decision of the Inspector of Wires is confirmed, the ruling of the Inspector of Wires shall be final.
If the action of the Inspector of Wires is modified or annulled, the Inspector of Wires shall issue a permit or order in accordance with the decision of the Board, provided, however, that no decision shall be made by the Board of Appeals that will modify the requirement of any general laws in regard to wiring of buildings or permit any change contrary to the requirements of the National Electrical Safety Code.
ARTICLE 2: FIRE PREVENTION CODE
ART. 27, ATM 4/01 (replaces all of Section 1),
Section 1. Fire Protection Code ART 27, ATM 5/9/01
The Fire Prevention Code of the Town shall be the Commonwealth of Massachusetts Board of Fire Prevention Regulations, 527 CMR as from time to time amended or superceded by subsequent additions and M.G.L. c.148, Fire Prevention.
Section 2. Participation or Fire and Support Services
A. Master Alarm Boxes. The master fire alarm box shall conform to Director of Fire and Support Services specifications. Where there is more than one multiple dwelling located so as to form a complex, one (1) master fire alarm box may be used provided that each building as its own annunciator panel with a visible flashing red light mounted near the main entrance; the light must indicate the location of the building sending in the alarm.
ART. 27, ATM 4/01 (replaces entry)
B. System Approval. A complete set of plans for fire protection systems with a list of specifications shall be furnished to the Director of Fire and Support Services for approval. The approval of the type of system will be required before any interior wall sheathing is commenced. Said Director shall make available a complete list of specifications and regulations governing fire protection systems which are to be connected to the Arlington municipal fire alarm system.
ARTICLE 3: BUILDING CODE
The Town of Arlington is governed by the Commonwealth of Massachusetts State Building Code, 780 CMR, 6th Edition, now and as from time to time amended or is superceded by subsequent editions, its Referenced Codes and Standards, and M.G.L. c.143.
ART. 76, ATM 5/15/2000, ART 27 ATM 5/9/01
ARTICLE 4: PLUMBING AND FUEL GAS CODE
The Plumbing and Gal Fitting Code for the Town shall be the Commonwealth of Massachusetts State Plumbing and Fuel Gas Code, 248 CMR, its referenced codes and standards, and M.G.L.c.143.
ART. 76, ATM 5/15/2000
ARTICLE 5: BOARD OF BUILDING APPEALS
Section 1. Board of Building Appeals Established
A Board of Building Appeals is hereby established to consist of three members to be appointed by the Board of Selectmen who shall designate the Chairman. All members of the Board shall be residents of the Town of ArIington, and one member thereof shall be an attorney-at-law, and at least one of the remaining members shall be an architect, civil engineer, or master builder.
The appointments first made shall be for one, two and three years, respectively, so that the terms of one member shall expire each year. All subsequent appointments shall be for the term of three years. The Board of Selectmen shall also appoint each year an associate member for the term of one year. No member shall act in any case in which he shall be interested, and in case any member shall be so disqualified, or because of absence from the Town, or any other case, he shall be so unable to act, the remaining member shall, in a written statement, filed with the department, so certify, and the associate member shall act. Whenever said associate member shall serve, he shall have all the power conferred upon a regular member. If two or more members are absent or disqualified, the Board of Selectmen may appoint substitutes to act
during such absence of disqualification. Each member of the Board shall be paid ten dollars ($10.00) per meeting for actual service, but in no one year shall the total amount received by any member exceed $200.00.
Every decision of the Board shall be in writing and shall require the assent of at least two members (except as otherwise provided herein) and a copy thereof shall be filed forthwith in the office of the Inspector of Buildings, where a copy of the decision shall be kept publicly for at least two weeks.
Section 2. Procedure for Appeals
ART. 27, ATM 4/01
Any applicant for a permit whose application has been refused by the Inspector of Buildings, or any person who has been ordered by the Inspector of Buildings to incur expense in connection with a structure, or any person dissatisfied with the decision of the Inspector of Buildings on a matter left by the Building Code to his approval or discretion may appeal therefrom to the Board of Building Appeals within 45 days from the date of said refusal, order or decision as provided for in the State Building Code as amended.
After notice is given to such parties as the Board shall order, a public hearing shall be had and the Board shall affirm, annul or modify such refusal, order, or decision. If the action of the Inspector of Buildings is modified or annulled, tbe Inspector of Buildings shall issue a permit or order in accordance with the decision of the Board.
Section 3. Variations in Specific Cases
ART. 27, ATM 4/01The Board of Building Appeals may vary the provisions of the Building Code or in cases wherein its enforcement would involve practical difficulties or unnecessary hardship and wherein desirable relief may be granted without substantially derogating from intent and purpose of the Building Code otherwise. The decision in such cases shall be unanimous and shall specify the variations allowed and the reasons therefore; and shall be filed in the office of the Inspector or Buildings within ten days after the hearing. A certified copy shall be seat by mail or otherwise to the applicant.
ART. 76, ATM 5/15/2000 (article number changed, not the content)
ARTICLE 6: HISTORICALLY OR ARCHITECTURALLY SIGNIFICANT BUILDINGS
Section 1. Intent and Purpose
This Bylaw is adopted for the purpose of preserving and protecting, through advance notice of their proposed demolition, significant buildings within the Town which constitute or reflect distinctive features of the architectural, cultural, political, economic or social history of the Town, to encourage owners of preferably-preserved significant buildings to seek out persons who might be willing to purchase and to preserve, rehabilitate, or restore such buildings rather than demolish them, and by furthering these purposes to promote the public welfare, to preserve the resources of the Town, and to make the Town a more attractive and desirable place in which to live. To achieve these purposes, the Arlington Historical Commission is empowered to advise the Arlington Building Inspector with respect to the issuance of permits for
demolition, and the issuance of demolition permits for significant buildings is regulated as provided in this Bylaw.
Section 2. Definitions
The following terms, when used whether or not capitalized in this Bylaw, shall have the meanings set forth below, unless the context otherwise requires.
A. "Building" Any combination of materials forming a shelter for persons, animals or property
B. "Significant Building" any building:
1. which is listed on, or is within an area listed on, the National Register of Historic Places, or which is the subject of a pending application for listing on said National Register, or
2. which is or has been listed on an Inventory provided to the Building Inspector by the Commission
C. "Preferably-Preserved Significant Building" any significant building which the Commission determines is in the public interest to be preserved or rehabilitated rather than to be demolished
D. "Commission" - the Arlington Historical Commission
E. "Commission Staff" - the chairperson of the Commission, or any person to whom the chairperson has delegated authority to act as Commission staff under this Bylaw
F. "Inventory" - a list of buildings on file at the Massachusetts Historical Commission that have been designated by the Commission to be significant buildings after a finding by the Commission that a building either
1. is importantly associated with one or more historic persons or events, or with the broad architectural, cultural, political, economic or social history of the Town or Commonwealth, or
2. is historically or architecturally significant (in terms of period, style, method of building construction, or association with a famous architect or builder) either by itself or in the context of a group of buildings
G. "Building Inspector" the person occupying the office of Building Inspector or otherwise authorized to issue demolition permits
ART. 24, A.T.M., 5/1/89
H. "Application" an application for a permit for the demolition of a building which shall include a photograph of the building taken within the past year
I. "Permit" A permit issued by the Building Inspector for demolition of a building pursuant to an application therefor
ART. 31, A.T.M., 4/25/90
J. "Demolition" the act of pulling down, destroying, removing, or razing a building, or commencing the work of total or substantial destruction with the intent of completing the same. A structure is considered to be demolished if it is destroyed due to the owner's failure to maintain a watertight and secure structure. A structure shall also be considered to be demolished if more than twenty-five percent (25%) of the front or side elevations are removed or covered. Each elevation shall be calculated separately
K. "Business Day" a day which is not a legal municipal holiday, Saturday or Sunday
Section 3. Procedure
A. The Building Inspector, on the day of receipt of an application for demolition of a listed significant building or within the next five successive business days, shall cause a copy of each such application for a demolition permit to be forwarded to (or shall satisfy himself that a duplicate of such application has been submitted to) the Commission. No demolition permit shall be issued at that time. Within five business days of the receipt by the Building Inspector of said application he shall personally inspect the site of the proposed demolition to verify the accuracy of the information contained in the application with particular attention to the correctness of the address listed.
ART. 24, A.T.M., 5/1/89
B. The Commission shall fix a reasonable time, within 30 days of receiving a copy of such application, for a hearing on any application and shall give public notice thereof by publishing notice of time, place, and purpose of the hearing in a local newspaper at least fourteen days before said hearing and also, within seven days of said hearing, mail a copy of said notice to the applicant, to the owners of all property deemed by the Commission to be affected thereby as they appear on the most recent local tax list, to the Arlington Historic Districts Commission and to such other persons as the Commission shall deem entitled to notice.
C. If, after such hearing, the Commission determines that the demolition of the significant building would not be detrimental to the historical or architectural heritage or resources of the Town, the Commission shall so notify the Building Inspector within ten (10) days of such determination. Upon receipt of such notification, or after the expiration of fifteen (15) days from the date of the conduct of the hearing if he has not received notification from the Commission, the Building Inspector may, subject to the requirements of the State Building Code and any other applicable laws, bylaws, rules and regulations, issue the demolition permit.
D. If the Commission determines that the demolition of the significant building would be detrimental to the historical or architectural heritage or resources of the Town, such building shall be considered a preferably-preserved significant building.
E. Upon a determination by the Commission that the significant building which is the subject of the application for a demolition permit is a preferably-preserved significant building, the Commission shall so advise the applicant and the Building Inspector, and no demolition permit may be issued until at least twelve months after the date of the application for demolition.
ART. 31, A.T.M., 4/25/90
F. Notwithstanding the preceding sentence, the Building Inspector may issue a demolition permit for a preferably-preserved significant building at any time after receipt of written advice from the Commission to the effect that either
1. the Commission is satisfied that there is no reasonable likelihood that either the owner or some other person or group is willing to purchase, preserve, rehabilitate or restore such building, or
2. the Commission is satisfied that for at least twelve months the owner has made continuing bona fide and reasonable efforts to locate a purchaser to preserve, rehabilitate and restore the subject building, and that such efforts have been unsuccessful.
ART. 31, A.T.M., 4/25/90
G. No permit for erection of a new structure on the site of an existing significant building may be issued prior to issuance of a permit for demolition of such existing building.
ART. 31, A.T.M., 4/25/90
H. No permit for erection of a new building, paving of drives or for parking shall be issued for two (2) years if a structure is demolished in violation of this bylaw.
Section 4. Emergency Demolition
Nothing in this article shall be construed to derogate in any way from the authority of the Inspector of Buildings derived from Chapter 143 of the General Laws. However, before acting pursuant to this chapter the Inspector of Buildings shall make every reasonable effort to inform the Chairperson of the Historical Commission of his intentions to cause demolition before he initiates same.
Section 5. Historic Districts Act
Nothing in this bylaw shall be deemed to conflict with the provisions of the Historic Districts Act, General Laws, Chapter 40C, with respect to requirements as to notice, A hearing and issuance by the Arlington Historic District Commissions of a certificate of appropriateness, a certificate of non-applicability or a certificate of hardship prior to demolition of any building in an historic district, provided, however, that any temporary building erected or maintained in an historic district pursuant to a certificate issued by the Arlington Historic District Commissions may be demolished in a manner not inconsistent with the terms of said certificate.
ART. 31 , A.T.M., 4/25/90
Section 6. Severability
If any section, paragraph or part of this Bylaw is for any reason declared invalid or unconstitutional by any court, every other section, paragraph and part shall continue in full force and effect.
ART. 8, ATM 6/16/03
ARTICLE 7 NOTICE OF DEMOLITION
ART. 20 ATM, 04/27/05
The owner of any building who intends to have such building demolished must, at the least seven days prior thereto, give notice by first-class mail to all abutters within 200 feet of such building before such demolition can commence. Demolition shall be defined as the act of pulling down, destroying, removing, or razing a building, or commencing the work of total or substantial destruction with the intent of completing the same. When applying for a demolition permit, the applicant shall demonstrate to the satisfaction of the Inspector of Buildings that he has given the notice required herein, by providing a list of those notified, a copy of the notice, and an affidavit stating when it was mailed. Violators of this bylaw will be subject to a fine of $200.
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