HomeMy WebLinkAboutViolation Letter TOWN OF yAltMOUTH
1146 Route 28, mouth, MA 02664 41)/ 426(
508-398-2231 eits 1241 fax 508-398-0836
Office of the Building Commissioner off
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VIOLATION NOTICE
Candev Realty
327 Route 28
West Yarmouth,MA 02673 October 9,2019
RE: 327 Route 28—Physic Reader-
To whom it may concern,
It has come to the attention of the Building Department that your tenant Chanel Rosario created living space in the
building. This work requires a Building Permit in accordance with 780 CMR. Per section 105.1.
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 this code without first filing a written
application with the building official and obtaining the required permit.
The living space requires that a certificate of Occupancy be issued once building is deemed safe for
occupancy per section 111.1 and 111.1.1.
111.1 Use and Occupancy. 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
commissioner. Inspector of buildings. Or when applicable, the state inspector, has issued a certificate of
occupancy therefor as provided herein.
111.1.1 Buildings or Structures Hereafter Altered. A,building or structure, in whole or in part, altered to
change from one use group to another, to a different use within the same use group, the maximum live load
capacity, or the occupancy load capacity shall not be occupied or used until the certificate shall have been
issued certifying that the work has been competed in accordance with the provision of the approved of the
approved permits and of the applicable codes for which permit is required.
•
Any violation of 780 CMR are subject to penalties up to $1000 per violation,per day in accordance with
M.G.L. 143 § 94(a).
114.4 Violation Penalties. Any person who violates a provision of 780 CMR or fails to comply with any of the
requirements thereof or who erects, constructs, alters or repairs a building or structure, or makes a change of
use in violation of the approved construction documents or directive of the building official, or of a permit or
certificate issued under the provision of 780CMR, shall be subject to penalties as prescribed by M.G.L. c. 143,
§94(a).
Section 94. The board shall have the following powers and duties:
(a) To formulate,propose, adopt and amend rules and regulations relating to (i) the construction, reconstruction,
alteration, repair, demolition, removal, inspection, issuance and revocation of permits or licenses, installation of
equipment, classification and definition of any building or structure and use or occupancy of all buildings and structures
and parts thereof or classes of buildings and structures and parts thereof except bridges and appurtenant supporting
structures which have been or are to be constructed by or are under the custody and control of the department of
highways, the Massachusetts Department of Transportation, the Massachusetts Bay Transportation Authority, the
metropolitan district commission or the Massachusetts Port Authority or for which said agencies have maintenance
responsibility; (ii) the rehabilitation and maintenance of existing buildings; (iii) the standards or requirements for
materials to be used in connection therewith, including but not limited to provisions for safety, ingress and egress, energy
conservation, and sanitary conditions; (iv) the establishment of reasonable fees for inspections, which fees shall be
collected and retained by the city or town conducting such inspections.
Such rules and regulations, together with any penalties for the violation thereof as hereinafter provided, shall comprise
and be collectively known as the state building code.
Whoever violates any provision of the state building code, except any specialized code as described in section ninety-six,
shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both,
for each such violation. Each day during which a violation exists shall constitute a separate offense.
To remedy this alleged violation make proper application for the required permits,and receive the proper permits
for these violations.
You are required to respond within 14 days.
Questions in this matter may be directed to this department.
Very Truly,
Brad Inkley
Local Inspector
Town of Yarmouth