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New Construction Supervisor License (CSL) Categories and Related Home Improvement Contractor (HIC) Registration issues (FAQs)

Questions

Answers

Q. As of January, 2008, how many different types of Construction Supervisor Licenses (CSLs) does the Seventh Edition of Massachusetts State Building Code identify?

The New Seventh Edition of the State Building Code now identifies seven (7) categories of CSL, including (See note below):

  • Unrestricted Construction Supervisor License (URCSL);
  • Restricted Construction Supervisor License (RCSL);
  • Restricted Masonry Construction Supervisor License (RMCSL)
  • Residential Roof Covering Construction Supervisor License (RCCSL);
  • Residential Window and Siding Construction Supervisor License (WSCSL);
  • Residential Solid Fuel-Burning Appliance Installer Construction Supervisor License (SFCSL);
  • Demolition Only Construction Supervisor License (DCSL).

Bullet items 1, 2 and 3 (Unrestricted, Restricted and Masonry) have existed since the early 1980s. 

Items 4-7 are new Specialty License Categories. A description of these Licenses can be found in the New Seventh Edition “1 & 2” Family Code, Chapter 110.R5, Section 110.R5.2.1.  The new license category descriptions have also been repeated at the end of this document as Link toAttachment A PDF (109kb).  The new license categories do not go into effect until July 1, 2008.

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Q.Which of these CSL categories are new to the Seventh Edition State Building Code?

A.  New Specialty Licensing includes:

  • Residential Roof Covering Construction Supervisor License (RCCSL);
  • Residential Window and Siding Construction Supervisor License (WSCSL);
  • Residential Solid Fuel-Burning Appliance Installer Construction Supervisor License (SFCSL);
  • Demolition Only Construction Supervisor License (DCSL).  

Q. Which of these new CSLs can be pursued via “grandfathering” and without testing?

A. Each of the newly created Specialty Licenses identified below may, until the end of June, 2008, be sought via grandfathering.

  • Residential Roof Covering Construction Supervisor License (RCCSL);
  • Residential Window and Siding Construction Supervisor License (WSCSL);
  • Residential Solid Fuel-Burning Appliance Installer Construction Supervisor License (SFCSL);
  • Demolition Only Construction Supervisor License (DCSL).

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Q. What needs to be done to acquire a license in one or more of the new license categories via “grandfathering” procedures?

A. Qualified candidates must complete the following steps.

  • Attach a letter of attestation for each category of license sought.  (See note below).
  • Affix a recent passport-sized picture of the candidate to the application.
  • Affix a check in the amount of $150.00 made payable to the Commonwealth of Massachusetts.  The maximum fee is $150.00, whether applying for one, two, three or all four categories of license.  Please remember that you must demonstrate experience in each license category.
  • Forward the application and accompanying material to the address identified on the application form and allow up to 90 days for return of license. 

Note:   For additional information, refer to the DPS Web Page (www.mass.gov/dps) and in the lower center of the web page select “New Seventh Edition of the Code for… (including grandfathered license procedures) and then select “Application for Grandfathered License” for all necessary guidance.

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Q.  Can a qualified candidate pursue a “grandfathered” license in any of the categories listed below?

  • Unrestricted Construction Supervisor License (URCSL);
  • Restricted Construction Supervisor License (RCSL);
  • Restricted Masonry Construction Supervisor License (RMCSL)

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A. No.  The three (3) CSL Types identified were introduced in the early 1980s and “grandfathering” closed for these three (3) CSLs several years ago. 

Q. Do I need to apply for a Specialty License if I already have a current Unrestricted License?

A. No.  A current Unrestricted License is superior to any and all Specialty Licenses and no additional specialty license is required.

Q.What if I possess a current Restricted License, do I need to acquire one or more Specialty Licenses?

A. No.   A current Restricted License is superior to any and all new Specialty Licenses and no additional specialty License is required.  (A Restricted License in not superior to an Unrestricted CSL.)

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Q.  What is the difference between the Unrestricted CSL (UCSL) and the Restricted CSL (RCSL)?

A.

  • The Unrestricted CSL (UCSL)allows a license-holder to supervise construction on any building that is less than 35,000 cubic feet of aggregate interior volume (length x width x height) or any single or two-family home regardless of size.  Buildings 35,000 cubic feet and over (excluding 1 & 2 Family homes) require the design services of a Massachusetts registered architect and\or engineer as applicable.  Engineering services may also be required for the design of a single family home depending on project size and complexity.  The state building code affords the municipal and\or state building official the right to determine when engineering services are required for single and two-family homes.
  • The Restricted CSL (RCSL) allows a license-holder to supervise construction only of single and\or two-family home buildings and their accessory structures (such as garages, sheds, etc.).  There is no size limit for these types of buildings.  Although a home owner may choose to engage their services, architectural design services are not required for single and two-family homes.  However, as stated above engineering services may be required depending on project size and complexity.
  • See additional information at the end of this document (identified as Link to Attachment B) for further details about construction supervision, architectural and engineering design services for building construction projects.

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Q. What about the Masonry Only License?

A.

  • A Masonry Only License, as the name suggests, allows a person to supervise individuals involved in the construction of residential fireplaces, chimneys, required means of egress stairs made of masonry product, masonry retaining walls which retain four feet or more of unbalanced fill, and other masonry structures for which a building permit is required (exclusive of structures requiring construction control as defined by 780 CMR, Section 116).

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Q.What is the fee to acquire more than one (1) of the new Specialty Licenses and what is the renewal period?

A. A single License Card fee of $150.00 will be charged although the Specialty License Card may indicate licensure in more than one category; i.e., a qualified Specialty License-holder may be licensed to perform construction supervision services in perhaps all new Specialty fields, including roofing, windows and siding, solid fuel-burning appliance installation and demolition or any combination of these Specialty Licenses.  Regardless on the number of approved categories, the maximum fee is $150.00 for the first issuance. 

Like other construction supervisor licenses, Specialty Licenses will be renewable each two (2) year period following initial issuance for a fee of $100.00.  However, the first renewal period may be as much as 2 years 364 days.  For instance, if you receive your Specialty License card with an effective date of July 1, 2008, but your birthday is June 30th, you receive the additional 364 days free of charge.  In other words, the first renewal period will never be less that a 2 year period, but may be more.  All renewal periods thereafter will be 2 years.

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Q. If a person today (prior to July, 2008) only has an HIC Registration but has historically performed roofing work, installed windows and siding, installed  wood or other solid fuel burning stoves, or was engaged exclusively in demolition work - will that person now need to have a Specialty License for the building permittable work performed?

A. Yes.  As of July, 2008 a license will be required to perform residential roofing and to install residential windows and siding. 

A construction supervisor (either restricted of unrestricted depending on the project) has always been required to install solid fuel-burning appliances or to perform straight demolition.  The Specialty License categories (and examinations therefore) are designed to focus on matters that are narrow to solid fuel-burning appliances and\or straight demolition projects rather than broader issues of the code. 

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Q.  Will having one of the Specialty Licenses allow someone to construct a home or other building structure?

A. No.  In order to provide construction supervision for a building (whether a one or two family home or other type of building) one needs to be experienced in and possess an appropriate license (either restricted or unrestricted) for that type of work.  A Specialty License indicates expertise in a narrow area of construction (or demolition).

Q.If I have a particular Specialty License such a roofing, can I also use that License to do windows and siding, or other specialty license work?

A. No.  A person must possess the particular expertise and must be licensed in the particular category in which he\she intends to work.  So, in order to do roofing as well as windows and siding a person would have to demonstrate competency and be licensed in both Specialty License categories or possess a higher order CSL such as a Restricted CL or an Unrestricted CSL.

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Q.If I contract a job to another who acts as a sub-contractor, will the sub-contractor need to have an appropriate Construction Supervisor or Specialty License for the work?

A. If the sub-contractor is supervising the construction, then he/she must have the appropriate license for the work (whether it be one of the existing construction supervisor license categories or one of the new Specialty License categories). If the person sub-contracting the work is still overseeing the construction, then that person must have the appropriate license, not the subcontractor.

The regulations define this as a licensed designee.  If you designate the authority to someone else to act as the supervisor (even though you may have secured the permit under your license), that person has been designated to act as the supervisor of construction activities (whether roofing, siding or an entirely new home) and therefore needs to be licensed in the appropriate category.  The licensed designee does not require further supervision by you, although you may wish to do so.

If you secure a permit under your own license (regardless of category), but choose to sub-contract the work to another, you must act as the supervisor as the work progresses.  In this limited instance, the sub-contractor does not need to be licensed. 

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Q.In general, when is a Construction Supervisor License required?

A.  Anytime building permittable work (work that requires the issuance of a building permit) is executed, an appropriate license is required for the intended work.  However, there are some exceptions to this rule.  For instance a home owner may secure a permit for work on his\her home.  This is called the home owner exemption.  In doing so, the homeowner incurs all responsibility for the project and forfeits any benefits and\or protections established by the Home Improvement Contractor (HIC) registration program. 

Please refer to the DPS Web Page (www.mass.gov/dps) for additional information on this matter.  On the left side of the main web page select “Construction Supervisor License” and then select “Table for aid in determining necessity of CSL”.  This table provides an expanded answer to this question.

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Q.When is Home Improvement Contractor (HIC) Registration required?

A. This is a somewhat complex answer.  Simply stated, anytime criterion defined by the Home Improvement Law (which is Massachusetts General Law (MGL) c.142A) is met, Home Improvement Contractor Registration is required.  There are, however, several exceptions to this statement.

Please refer to the DPS Web Page (www.mass.gov/oca) for additional information on this matter.  On the left side of the main web page select “Construction Supervisor License” and then select “Table for aid in determining necessity of HIC/CSL”.  This table provides an expanded answer to this question.

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Q. When are both Construction Supervisor License (CSL) and Home Improvement Contractor (HIC) registration required?

A. Please refer to the DPS Web Page (www.mass.gov/dps) for additional information on this matter.  On the left side of the main web page select “Construction Supervisor License” and then select “Table for aid in determining necessity of HIC/CSL”.  This table provides an expanded answer to this question.

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Q.In a situation where Home Improvement Contractor (HIC) registration is required - who is responsible for obtaining all “construction” permits (building permit and/or electrical permit and/or plumbing and gas permit, etc.) associated with the proposed work?

A. The HIC General Law, MGL c.142A §2(10), paragraph 4, in part, reads: “Any contract entered into between a contractor and homeowner shall require the contractor to inform the homeowner of the following: (i) any and all necessary permits, (ii) that it shall be the obligation of the contractor to obtain said permits, and (iii) that homeowners who secure their own permits will be excluded from the guaranty fund provisions of this chapter.”

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Q. What do I do in the interim period between today and July 1, 2008?

A. 

  • If you are operating a roofing business where you only install roof covering products and you are performing home improvement contracting work as defined by Massachusetts General Law (MGL) c 142A, you (or your company) only need to be registered as a Home Improvement Contractor (HIC).  If you perform any structural work associated with your roofing contracting business (such as replace sheathing, rafters or other structural elements), you would also need to possess either a Restricted or Unrestricted license depending upon the type of work that you perform.
  • If you are operating a window and siding business and you are performing home improvement contracting work as defined by Massachusetts General Law (MGL) c 142A, you (or your company) only need to be registered as a Home Improvement Contractor (HIC).  If you perform any structural work associated with your window and\or siding business, (such as replace sheathing, wood studs, headers or other structural elements), you would also need to possess either a Restricted or Unrestricted license depending upon the type of work that you perform.
  • If you are operating a solid fuel burning appliance installation business and you are performing home improvement contracting work as defined by Massachusetts General Law (MGL) c 142A, you (or your company) need to be registered as a Home Improvement Contractor (HIC) and you need to possess either a Restricted or Unrestricted license depending upon the type of work that you perform.
  • If you are operating a demolition only business and you are performing home improvement contracting work as defined by Massachusetts General Law (MGL) c 142A (demolition is considered a home improvement), you (or your company) need to be registered as a Home Improvement Contractor (HIC) and you need to possess either a Restricted or Unrestricted license depending upon the type of work that you perform.

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Q.What about after July 1, 2008?

A.

  • If you are operating a roofing business where you only install roof covering products (whether you touch the structure or not)and you are performing home improvement contracting work as defined by Massachusetts General Law (MGL) c 142A, you (or your company) will need to be registered as a Home Improvement Contractor (HIC) and you will need to possess either a Restricted, Unrestricted, or Residential Roofing Specialty Construction Supervisor license.
  • If you are operating a window and siding business and you are performing home improvement contracting work as defined by Massachusetts General Law (MGL) c 142A, you (or your company) will need to be registered as a Home Improvement Contractor (HIC) and you will need to possess either a Restricted, Unrestricted, or Residential Window and Siding Specialty Construction Supervisor license.
  • If you are operating a solid fuel burning appliance installation business and you are performing home improvement contracting work as defined by Massachusetts General Law (MGL) c 142A, you (or your company) will need to be registered as a Home Improvement Contractor (HIC) and you need to possess either a Restricted, Unrestricted or Solid Fuel Burning Appliance Installation Specialty license
  • If you are operating a demolition only business and you are performing home improvement contracting work as defined by Massachusetts General Law (MGL) c 142A (demolition is considered a home improvement), you (or your company) will need to be registered as a Home Improvement Contractor (HIC) and you need to possess either a Restricted, Unrestricted, or Demolition Only Specialty license.

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Q.What if I operate in multiple categories.  For instance, what is I am involved in roofing, siding, windows and solid fuel burning appliance installation?

A. You would need to possess a license in each of these Specialty License categories, or possess a higher level Restricted or Unrestricted License (depending on the type of work that you intend to perform).  Of course, you would also need to be registered as a Home Improvement Contractor (HIC) if you intend to perform work covered by the program.

Please be aware that beginning July 1, 2008, candidates for the Unrestricted and Restricted license categories (as well as masonry and Specialty License categories) will be required to more rigorously define their qualifications in order to sit for the license exam.

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Q.What if I fail to acquire a license via grandfathering procedures or I intend to begin my construction contracting services after July 1, 2008 – will I need to take and pass s license exam?

A. Yes. See Attachment B, question number 2 for additional information regarding license examinations. 

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Q.What about insurance requirements?

A. The Department of Public Safety (DPS) as the licensing agency does not require construction supervisor license holders to possess liability or other insurance types.  The Department  of Industrial Accidents (DIA), however, does require building contractors (construction supervisors) and others to carry Workers Compensation Insurance.  Please visit the DIA website @ mass.gov/dia  for further information on this topic. 

Also, as a matter of good business practice, building contractors (construction supervisors) typically carry liability and other types of insurance.  Homeowners should always ask the building contractor (construction supervisor) about what types of insurance he\she carries prior to entering into a contract.

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Q.Will I need to provide plans and\or specifications when applying for work covered by the Specialty License categories?

A. The state building code requires three sets of construction documents to be provided with a building permit application. However, the building official is permitted to waive, or mod­ify the requirements for filing construction documents when he\she determines that the scope of the work is of a minor nature.

Typically, plans are not required for residential roofing, siding and\or window projects.  However, depending on complexity and peculiarity of a project (for instance, are large, new windows being added – are they subject to wind-borne debris requirements) a building official may determine that plans are required even for these types of projects.  Plans would typically be required for the installation of solid fuel burning appliances and some demolition projects.  The building official is the final arbiter as to whether or not plans are required.

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