|Issuer:||Deval L. Patrick|
|Mass Register:||No. 1150|
|Revoking:||Revoking and Superseding Executive Order 440|
WHEREAS, a multitude of state regulatory agencies have jurisdiction over different codes and regulations that apply to the construction and rehabilitation of homes, buildings, and structures in the Commonwealth;
WHEREAS, regulations and specialty codes that affect housing, building and structure construction and rehabilitation are numerous and complex, necessitating coordination and comparison prior to issuance or revision;
WHEREAS, in 2002, the Building Code Coordinating Council (BCCC) was established by Executive Order No. 440;
WHEREAS, the BCCC has worked to develop a coordinated, centralized review process to reduce inconsistency, redundancy and conflict within the competing codes and regulations to facilitate consistent, local enforcement of these codes and regulations, and to reduce delays in the construction and rehabilitation of buildings, structures and homes in the Commonwealth;
WHEREAS, municipal and state officials, builders and ultimately, the citizens of the Commonwealth, have been served by the coordination and enhanced uniformity of the competing building regulations and specialty codes as a result of the BCCC process;
WHEREAS, municipal and state officials, builders, and the citizens of the Commonwealth will be better served by expanding the membership of the existing BCCC and the scope of its authority, to include additional specialty codes;
NOW THEREFORE, I, Deval L. Patrick, Governor of the Commonwealth of Massachusetts, by virtue of the authority vested in me by the Constitution of Massachusetts, Part 2, c. 2, § I, Art. I, do hereby revoke Executive Order No. 440 and reestablish the Building Code Coordinating Council as follows:
Section 1. The BCCC shall systematically review the existing or proposed state building code and the various existing or proposed regulations and specialty codes, which shall include, but not be limited to, the state plumbing and gas fitters code, electrical code, fire safety code, elevator code, pipefitter, refrigeration technician and sprinklerfitter code, energy efficiency requirements, sheet metal code, sanitary code, fire prevention regulations, architectural access regulations, boiler regulations, and drinking water regulations of the Commonwealth to coordinate and create a review protocol which will eliminate redundancy, minimize inconsistencies and conflicts and maximize the efficiency of the code promulgation process. In addition to the above-referenced process, the BCCC shall undertake the following specific tasks:
- Recommend, from time to time, a permanent process for review, comparison and coordination of proposed amendments and new regulations or specialty codes among promulgating authorities for use prior to submission to the Secretary of Administration and Finance for final approval pursuant to Executive Order 485;
- Review and recommend modifications to existing appeal processes for state building code, regulations and specialty codes to ensure that such appeals processes are adequate, consistent, timely and effective;
- Make further recommendations to the Governor as to the specific legislative, regulatory, policy and operational changes necessary to ensure the coordination and promulgation of a unified and consistent state building code.
Section 2. The BCCC shall consist of the following members: the Secretary of the Executive Office of Administration and Finance, who shall serve as co-chair of the Council; the Secretary of the Executive Office of Public Safety, who shall serve as co-chair of the Council; the Director of the Department of Housing and Community Development; the State Fire Marshal; the Commissioner of the Department of Public Safety; the Chairman of the Board of Fire Prevention Regulations; the Chairman of the
State Board of Electrical Examiners; the Chairman of the Board of Building Regulations and Standards; the Chairman of the State Board of Plumbers and Gasfitters; the Commissioner of the Department of Public Health; the Chairman of the Architectural Access Board; the Commissioner of the Department of Environmental Protection; the Chairman of the Board of Elevator Regulations; the Chairman of the Bureau of Pipefitter, Refrigeration Technicians and Sprinklerfitters; the Chairman of the Board of State Examiners of Sheet Metal Workers; the Commissioner of Energy Resources, the Chairman of the Fire Safety Commission; the Attorney General or their respective designees.
Section 3. The BCCC co-chairs shall be responsible for directing the tasks to be undertaken by the BCCC. In addition to those tasks enumerated in section 1, the BCCC shall identify and address such additional tasks that may be necessary for the BCCC to meet its objectives.
Section 4. The BCCC shall meet at such times and places as established by the co-chairs.
Section 5. This Executive Order shall remain in effect until amended, superseded, or revoked by subsequent Executive Order.
Given at the Executive Chamber in Boston this 27th day of January in the year two thousand and ten, and of the Independence of the United States of America two hundred and thirty-four.
The Commonwealth of Massachusetts
William Francis Galvin
Secretary of the Commonwealth