The issues surrounding the Lowell Housing Authority’s renovations at the North Common Village have received an unusual amount of attention in the local media and among various elected officials. This coverage can potentially help Development Services change long standing perceptions with respect to compliance with permit and inspection requirements for building projects, but only if the discussion of the issue recognizes the Division’s actions in resolving the matter in a fair and honest manner without an agenda. As with other cases where work being conducted without proper permits or inspections is brought to the attention Development Services, the staff have responded to this issue with professionalism, integrity, and diligence that should be recognized and applauded rather than tarred with the same brush that is being applied to the negligent property owners and contractors in this case. Painting the office that is working hard to address and resolve a problem in the same context as those who caused the problem, will actually have the counterproductive effect of decreasing trust in the very permit and inspections processes that anyone who genuinely cares about code compliance and public safety should be strongly supporting.
All property owners contemplating building projects need to be cognizant of the following sections of the Code of Massachusetts Regulations. The State’s Electrical and Plumbing Codes contain similar provisions making it clear that property owners and their contractors are responsible for obtaining all required permits and inspections.
780 CMR 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.
780 CMR 110.5 Inspection Requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. The building official may require the permit holder or his representative to attend these inspections.
Development Services is responsible for reviewing permit applications, issuing permits, and conducting inspections when contacted by the permit holders. The entire process is designed to help ensure that building projects are completed in compliance with all applicable codes, many of which are promulgated to protect public safety, but some are designed to further other public purposes including energy conservation. Development Services is also often called upon to address work being conducted without proper permits and/or inspections.
Similar to the police responding to tips about crimes, generally these issues are brought to the Division’s attention through complaints. Just as the police force is unable to anticipate every crime that may occur, it is impossible for the far smaller staff of inspectors to monitor all properties in the City at all times for potential violations. However, when one is identified, Development Services works with the property owners and contractors to resolve the matter with the following priorities:
1. Ensure that the work is either constructed in compliance with all codes or code violations are corrected.
2. Ensure that proper permits and inspection documentation are ultimately obtained for the project.
3. Minimize disruption and inconvenience for innocent third parties who may be harmed by the work and/or the remedy of any violations, including tenants.
4. Work with contractors and property owners in a collaborative manner focused on problem solving in order to achieve the higher priority objectives as expeditiously as possible.
Despite the intense media attention and political scrutiny, to the credit of the staff involved, this approach is being applied to the North Common Village just as it is for any other property identified with similar violations. Deputy Director Kendra Amaral, Building Commissioner Robert Marsilia, Wire Inspector Doug Collupy, and Plumbing and Gas Inspector Norman Card should be commended for their diligence and perseverance in working to resolve this issue with an outcome that protects the integrity of their inspections processes, ensures code compliance, and ultimately stands as an example to encourage property owners and contractors to comply with all permit and inspection requirements. All of these individuals are committed professionals who operate with integrity and genuine respect for the codes and laws they are charged with enforcing.
Several thorough reports have detailed the processes they have been steadily applying and will continue to until this matter is satisfactorily resolved. These reports can be found in the City Council packets found here. Development Services welcomes the review of its attention to this project and process for bringing it into compliance from any third party, because we fully believe any such review will both reinforce the steps taken to date as well as those planned and also provide further assurance to all parties involved that the property will ultimately be code compliant at the conclusion of the process. Development Services welcomes the press coverage of the situation with the sincere hope that it will reduce the likelihood of property owners and contractors working without proper permits in the future. We also welcome any constructive and specific advice or direction as to how to more effectively meet the goals outlined above.