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Boston Overview
City of Boston Municipal Code
CITY OF BOSTON CODE OF ORDINANCES
THE CHARTER OF THE CITY OF BOSTON
CHAPTER I: GENERAL PROVISIONS
CHAPTER II: FORM OF GOVERNMENT
CHAPTER III: ACQUISITION AND DISPOSITION OF PROPERTY
CHAPTER IV: CONTRACTS
CHAPTER V: ADMINISTRATION
CHAPTER VI: GENERAL SERVICES
CHAPTER VII: ENVIRONMENTAL PROTECTION
CHAPTER VIII: DEVELOPMENT
CHAPTER IX: BUILDING REGULATIONS
CHAPTER X: HOUSING SERVICES
CHAPTER XI: PUBLIC SERVICES
11-1 BOSTON POLICE DEPARTMENT.
11-2 SECURITY ALARM SYSTEMS.
11-3 NEIGHBORHOOD AND HUMAN SERVICES DEPARTMENT.
11-4 FIRE DEPARTMENT.
11-5 FIRE PREVENTION CODE.
11-5A FIRE ALARM SYSTEMS.
11-5B PROHIBITING THE SALE, POSSESSION AND USE OF FIREWORKS.
11-5C REGISTRATION OF LABORATORIES.
11-6 PUBLIC WORKS DEPARTMENT.
11-6.1 Powers and Duties of Commissioner.
11-6.2 Deputy Commissioner.
11-6.3 Use of Public Ways.
11-6.4 Street Lighting.
11-6.5 Bridges.
11-6.6 Record of Sewer Construction.
11-6.7 Sewer Plans.
11-6.8 Notice of Sewer and Street Work.
11-6.9 Permits for Street Work; Conditions Thereof.
11-6.10 Permits to Enter Drains.
11-6.11 Permits to Obstruct Sidewalks.
11-6.12 Permits for Coal Holes.
11-6.13 Permits to Move Buildings.
11-6.14 Permits for Laying Wires, Rails, Pipes and Conduits.
11-6.15 Permits for Poles.
11-6.16 Bonds Required Before Delivery of Permits.
11-6.17 Permits Prohibited.
11-6.18 Indemnity for City.
11-6.19 Appurtenant Structures in the Public Way.
11-6.20 Responsibility for Condition and Maintenance of Pavement.
11-6.21 Indemnity for City: Pavement Defects.
11-6.22 Temporary Repairs on Private Ways.
11-6.23 Responsibility for Area Surrounding Tracks and Rails.
11-6.24 Indemnity for City; Tracks and Rails.
11-6.25 Capital Improvement.
11-6.26 Guards for Steps and Entrances.
11-6.27 Excavations Under Sidewalk.
11-6.28 Record of Notices of Defects.
11-6.29 Water Supply.
11-6.30 Water Bills.
11-6.31 Water Income.
11-6.32 Water Meters.
11-6.33 Shutting Off Water.
11-6.34 Record of Water Takers.
11-6.35 Regulations for Water Takers.
11-6.36 Engineering Work.
11-6.37 Inspection and Measurement of Public Work.
11-6.38 Discontinuance of Public Work.
11-6.39 Charge Against Appropriations.
11-6.40 Division of Engineers; Qualifications.
11-6.41 Certificate of Qualifications of Engineers.
11-6.42 Annual Report.
11-6.43 Vehicles Interfering with the Removal of Snow.
11-6.44 Vehicles Interfering with the Collection of Garbage and Refuse.
11-7 PROPERTY MANAGEMENT DEPARTMENT.
11-8 LIBRARY DEPARTMENT AND TRUSTEES OF THE PUBLIC LIBRARY.
11-9 CIVIL DEFENSE DEPARTMENT.
11-10 PARKS AND RECREATION DEPARTMENT.
11-11 VOTER REGISTRATION ACCESSIBILITY.
CHAPTER XII: PUBLIC HEALTH AND WELFARE
CHAPTER XIII: NATURAL GAS
CHAPTER XIV: LICENSING AND CONSUMER BOARDS, COMMITTEES AND OFFICERS
CHAPTER XV: DIVISIONS OF THE MAYOR’S OFFICE
CHAPTER XVI: PROHIBITIONS, PENALTIES AND PERMITS
CHAPTER XVII: LICENSES AND REGULATIONS AFFECTING CERTAIN TRADES
CHAPTER XVIII: FEES AND CHARGES
CHAPTER XIX: SCHOOLS
CHAPTER XX: CHARITABLE INSTITUTIONS
CHAPTER XXI: MISCELLANEOUS PUBLIC BUILDINGS
CHAPTER XXII: SUFFOLK COUNTY
CHAPTER XXIII: TRASH AND REFUSE DISPOSAL
CHAPTER XXIV: BOSTON JOBS, LIVING WAGE AND PREVAILING WAGE ORDINANCE
PARALLEL REFERENCES
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11-6.8   Notice of Sewer and Street Work.
   The Commissioner shall, when about to build a new sewer or repair an old sewer, notify all abutters on that part of the line of said sewer when he or she proposes to do work, and afford them facilities for entering the sewer; and shall, when about to construct a new street, at least four weeks before beginning work, and, when about to make a new surface of any street, at least two weeks before beginning work, notify all Departments and persons authorized to place any structure in such street, and require and see that all Departments and persons having any work to be done in the streets so designated shall do all such work before the surface of such street is again prepared for and opened to public travel; and, after the completion of the work then done on such street, shall not, for one year thereafter, permit any Department or person to disturb the surface of such street or way within the area of such previous disturbance, except in case of obvious necessity; and shall make a record of the permits issued in such cases in a book to be kept for that purpose.
(Rev. Ord. 1961 c. 21 § 8; CBC 1975 Ord. T11 § 157; CBC 1985 11-6.8)
Editor’s note:
   The water works system and the sewer works system of the Department of Public Works were abolished and the duties transferred to the Boston Water and Sewer Commission by Ch. 436 of the Acts of 1977.
11-6.9   Permits for Street Work; Conditions Thereof.
   (A)   The Commissioner may issue permits to persons having authority in the premises to open, occupy, obstruct and use portions of the streets. Such permits shall specify the time, place, size and use of such opening, occupation or obstruction, and shall be granted upon condition the terms of which shall be those stated in Subsection 5-5.30, and upon the further conditions as follows.
      (1)   The restoration of the paving or other surface of such streets shall be effected by the city as directed by the Commissioner, the work to be done by city employees or by contract or otherwise at his or her discretion, the standard, type and extent of the repairs necessary to effect such restoration to be determined by him or her and to be paid for by the person receiving the permit, such payment to be made in advance on the basis of the Commissioner’s estimate or during the progress or after the completion of the restoration as the Commissioner may elect.
      (2)   The person receiving the permit shall place and maintain from the beginning of twilight, through the whole of every night, over or near the place so occupied, opened, obstructed or used, and over or near any dirt, gravel or other material placed in or near such place, a light or lights sufficient to protect travelers from injury; shall place and maintain a safe and convenient way, satisfactory to the Commissioner, for the use of foot travelers and for vehicles around or over such place; shall protect such trees as shall be designated by the Parks and Recreation Department in such manner as said Department shall specify; shall provide suitable sanitary accommodations for his or her employees; and shall deliver the coupon attached to the permit to an Officer of the Police Force of said city on or before the expiration of the time fixed in the permit for completing the work, such coupon to be returned by said Officer to the Public Works Department.
      (3)   The Commissioner may detail an inspector, at the expense of the person receiving the permit, to supervise said opening, occupation and use and to see that the backfilling is properly done.
      (4)   The Commissioner may require the person receiving the permit to enclose the place in the streets so opened, occupied or used, with a rail, fence or other guard as specified by the Commissioner.
      (5)   The Commissioner shall require the person receiving the permit to maintain at the expense of such person as many Boston Police Officers on special duty (outside their regular tour of duty), as the Police Commissioner may determine necessary to protect the safety and general welfare of the public and to preserve the free circulation of traffic (but in no event less than one Boston Police Officer). This clause shall not prohibit reimbursement of such person for such expense if a contract between such person and the city or any other person provides such reimbursement. It shall be the duty of the Public Works Commissioner to ascertain compliance of this Section prior to issuance of the permit.
      (6)   The Commissioner shall require the person receiving the permit to maintain at the expense of such person an accessible path of travel which meets both Americans with Disabilities Act of 1990, being 42 U.S.C. §§ 12101 et seq., and the commonwealth’s Architectural Access Board requirements.
      (7)   The Commissioner shall require that the person receiving the permit ensures that all construction be in compliance with the Americans with Disabilities Act and the regulations of the commonwealth’s Architectural Board.
   (B)   If any person having the authority in the premises to open, occupy, obstruct and use portions of the streets is exempt from obtaining a permit by the Commissioner, said person shall remain subject to divisions (A)(6) and (7) above.
   (C)   Any violation of the above ordinance shall be punished by a fine of $50.
(Ord. 1966 c. 5; Ord. 1967 c. 4; Rev. Ord. 1961 (Sup. 1971) c. 21 § 9; CBC 1975 Ord. T11 § 158; Ord. 1976 c. 4; Ord. 1977 c. 6, c. 14; CBC 1985 11-6.9; Ord. 2008 c. 11)
Cross-reference:
   St. T.4 c. 1; Ord. ss 7-1.3; ss 7-4.7
11-6.10   Permits to Enter Drains.
   The Commissioner may issue such a permit to competent mechanics for the purpose of entering particular drains into public drains and sewers, on condition the terms of which shall be those stated in Subsection 11-6.9, and in addition that the person applying for the permit shall make connection of such drain with such sewer only in the manner shown on the back of the permit, and only in the presence of an inspector of the Sewer Division; shall have on the ground, when the inspector arrives to see the connection made, any slant, bend or curve to be used in making the connection; shall not cover up any work until inspected by one of such inspectors; shall not lay the drain in the same trench with a water pipe; shall not connect any exhaust from a steam engine, any blow-off from a steam boiler or any other pipe for delivering steam or hot water, with the drain or sewer. The Commissioner shall in each drain permit specify the size, material and mode of construction of the particular drain, and the direction and grade for laying it.
(Ord. 1960 c. 4 § 2; Rev. Ord. 1961 c. 21 § 10; CBC 1975 Ord. T11 § 159; CBC 1985 11-6.10)
Editor’s note:
   The water works system and the sewer works system of the Department of Public Works were abolished and the duties transferred to the Boston Water and Sewer Commission by Ch. 436 of the Acts of 1977.
11-6.11   Permits to Obstruct Sidewalks.
   The Commissioner may issue such a permit to a responsible person for the purpose of raising and lowering goods and merchandise into and from buildings, on condition the terms of which shall be those stated in Subsection 5-5.28, and in addition that the person applying for the permit shall maintain, during the whole time the work is in progress, good and sufficient barriers across the sidewalk, from the wall of the building to or from which the goods or merchandise are so raised out to the curbstone or edge of the sidewalk, on each side of said goods or merchandise, sufficient to protect travelers from injury or danger; and shall not encumber the sidewalk for more than 15 minutes at a time for such work.
(Rev. Ord. 1961 c. 21 § 11; CBC 1975 Ord. T11 § 160; CBC 1985 11-6.11)
Cross-reference:
   Ord. ss 5-5.28
11-6.12   Permits for Coal Holes.
   The Commissioner shall issue such a permit to any person authorized by the Public Improvement Commission to place a coal hole, vault or coal slide under a street, or a cover thereto, on condition the terms of which shall be those stated in Subsection 11-6.9, and in addition that the person applying for the permit shall make the underground structure of suitable construction satisfactory to the Commissioner, and shall pay such fee as may be prescribed by ordinance; shall make the opening of a coal hole or coal slide circular, and not more than 18 inches in diameter, and furnish a cover therefor of iron, made with a rough upper surface, and with three or more iron rods or legs at least 2 feet in length, fitting closely to the side of the opening, and projecting downwards from the underside of the cover, and so constructed that, while the cover can be lifted perpendicularly, it cannot be tipped or easily removed from the opening.
(Reg. Bd. of Ald. October 19, 1863; Rev. Ord. 1890 c. 18 § 8; Ord. 1954 c. 2 § 49; Rev. Ord. 1961 c. 21 § 12; CBC 1975 Ord. T11 § 161; CBC 1985 11-6.12)
Cross-reference:
   Ord. ss 8-7.1
11-6.13   Permits to Move Buildings.
   The Commissioner shall issue such a permit to a building mover actually engaged in the business, for the purpose of moving a building through the streets, on condition, the terms of which shall be those stated in Subsection 11-6.9; provided that an application for such permit, describing the location from and to which, and the route over which, the building is to be moved, the length, width and height of the building, and the principal material of its exterior and roof, and accompanied by the written consent of the Building Commissioner to the placing of the building on the lot proposed, shall be first made to the Commissioner. Whenever it appears that the moving of a building will encumber the tracks of any railroad corporation, a public hearing shall be given by the Commissioner upon the subject before such permit is issued.
(Ord. 1954 c. 2 § 50; Rev. Ord. 1961 c. 21 § 13; CBC 1975 Ord. T11 § 162; CBC 1985 11-6.13)
11-6.14   Permits for Laying Wires, Rails, Pipes and Conduits.
   The Commissioner shall, when authorized thereto by an order of the Public Improvement Commission, issue such a permit to a responsible person for the purpose of laying, maintaining and using wires, railway tracks or rails in the streets, or wires, pipes or conduits under the surface thereof, on condition the terms of which shall be those stated in Subsection 11-6.9, and in addition that the person applying for the permit shall, whenever requested so to do by the Mayor, furnish in his or her conduits for wires accommodations free of charge for all wires belonging to, or to be used by, the city; shall remove the conduits and wires whenever directed, and not until directed, so to do by an order of the public improvement commission approved by the Mayor; and shall not disturb or interfere with any wires, pipes or sewers lawfully laid in such street or connected therewith.
(Ord. 1954 c. 2 § 51; Rev. Ord. 1961 c. 21 § 14; CBC 1975 Ord. T11 § 163; CBC 1985 11-6.14)
Cross-reference:
   Statutes, Title 8 § 500
11-6.15   Permits for Poles.
   The Commissioner shall, when authorized thereto by an order of the Public Improvement Commission, issue such a permit to a responsible person for the purpose of placing and maintaining in the streets poles for the support of wires, on condition the terms of which shall be those stated in Subsection 11-6.9 and in addition that the person applying for the permit shall keep the poles well painted and in good condition, to the satisfaction of the Commissioner; shall place the wires on the poles not less than 21 feet from the ground; shall keep the name of the person owning the pole distinctly painted on the crossbars used and occupied by him or her on the pole, and also on the pole at a point not less than 6 feet nor more than 8 feet from the ground; shall allow the Departments of the city the exclusive use of the lowest crossbar of each pole, free of all charge, for the purpose of placing wires thereon; shall not suffer or permit any other person to place or keep wires on the poles, or upon the fixtures thereto affixed, without permission being first obtained in writing from the Public Improvement Commission; shall not remove any pole erected under the order until, and shall remove any pole when, directed by the Public Improvement Commission so to do; and that on the violation of any term of these conditions the Commissioner shall remove the poles at the expense of the person owning them.
(Ord. 1954 c. 2 § 51; Rev. Ord. 1961 c. 21 § 15; CBC 1975 Ord. T11 § 164; CBC 1985 11-6.15)
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