Policy Statement  Delegated authority - Unoccupied buildings - i.e. pump stations/electrical substations

Date:	07/14/2026
Referenced Sources:	Policies, regulations, and statutes for plumbers and gas fitters

Adopted July 1, 2026 (superseding delegation adopted April 3, 2024)

Delegation of authority to expedite variances for unoccupied structures

Introduction

The Board of State Examiners of Plumbers and Gas Fitters (“Board”) is authorized to grant variances from the Massachusetts Plumbing Code in particular instances where adherence to the code would result in a hardship or unusual circumstance (see M.G.L. c. 142, §13 and 248 CMR 3.04(2)).  Recently, the Board has been requested to provide variances with regards to fixture requirements for certain unoccupied structures which have been urgently required for critical public safety functions and typically only staffed intermittently by mobile crews for maintenance and other purposes which do not require full-time staffing at the structures.  To allow more time to research these issues, the Board has voted to adopt an expanded delegation of authority to allow staff to approve certain variance requests commonly sought for unoccupied structures.  This delegation is intended to be in place for the next three years, at which time the matter can be addressed with the benefit of more research and experience.  While applicants must still apply for a variance in accordance with Board rules, the purpose of this delegation is to provide relief which staff can automatically approve without need of a Board vote. 

Delegation   

The Board hereby delegates to Board staff the authority to approve variances meeting the following criteria: 

1. A completed variance application has been filed with all standard requirements (fee, etc.) in which the applicant indicates providing required bathroom facilities for an unoccupied structure per 248 CMR 10.10(Table 1) would be a hardship;
2. The applicant certifies that the total building/structure area is 2,000 square feet or less; and
3. The applicant certifies that the building/structure is utilized by mobile crews having transportation readily available to nearby toilet facilities pursuant to federal regulations currently found at 29 CFR §1926.51(c)(4). 

Expiration

This delegation shall expire on July 1, 2029 unless otherwise rescinded, superseded, or extended by the Board.  If relief is necessary after that date (by which time the code may be amended), applicants are still free to seek desired variances from the code in effect at the time, just such requests must be considered by the full Board rather than staff only.