Thread: Woman accuses Lynn inspectors of trespassing - Daily Item

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Woman accuses Lynn inspectors of trespassing
Daily Item, MA - 3 hours ago
... the Inspectional Services Department for trespassing, breaking and entering and defacement of private property, following a home inspection gone bad. ...


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Lynn Lynn City of Sin! Enough said.

Unless that code is different than the other code I am aware of, she is dead wrong with:

Referencing the state board of regulations and standards, Murrell said a building permit is not required for ordinary repairs that affect the structure, egress, fire ratings, energy conservation provisions, plumbing, sanitary, gas, electrical or other utilities.

All that stuff does require a permit.

Here is but one example from the 2006 IRC: (underlining is mine)
- R105.2 Work exempt from permit.Permits shall not be required for the following. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

- - Electrical:
- - - Repairs and maintenance: A permit shall not be required for minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

Sure sounds like she did much more than that. As you noticed, that *does not* included *any wiring of any type*.

And that list goes on and on.

Very interesting........
As a former municipal building inspector, who is still a registered code encorcement officer in NYS, I can tell you that a municipal inspector must be very careful about how they enter a one or two family dwelling. The Codes Division basic training courses here (started in the late 1980's) make it expressly clear that an inspector must use the front door, and must obtain the owner's permission, before entering the premises (even the yard). The issuance of, or outstanding, violations or stop work orders does not waive this basic requirement!! If the owner is not home, or if a babysitter, or other non-adult, is present you are trained not to enter. If they will not allow you on the property, you must leave.

Violation cases have been thrown out of court here when the inspector's observations (evidence) were gathered improperly. Its like failing to give Miranda rights statement to a criminal suspect, it won't stand up.

I agree with Jerry, the work that is at issue is beyond the limit of "ordinary repair" or "replacement in kind" that may not require a permit. Here, the AHJ makes administrative decisions on what needs permitting and inspections. Further there may also be zoning issues with the "old" garage setbacks, and creating a possible second dwelling unit in the garage. The inspectors botched this one and created a major PR problem for themselves.

Evan Grugett
NYS Reg. #1191-7460B

MA Building Code
780 CMR 5110 Application for Permit
It shall be unlawful to construct,reconstruct, alter, repair,remove or demolish a detached one and two-family dwelling; or to install or alter any equipment for which a provision is made or the installation of which is regulated by CMR 51.00-99.00 without first filing a written application with the building official and obtaining the required building permit and all other permits therefor.

Exceptions include
Painting, papering,tiling,carpet,counter top and similar finish work, swings, window awnings,fences less than 6 ft, some retaining walls, ordinary repairs that does not include cutting away any wall, beam,load-bearing support or any change in egress, standpipe, water supply, mechanical systems, fire protection systems, energy conservation systems, or other work affecting public health or safety.