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This entry was published on 2014-09-22
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Multiple Dwelling (MDW) CHAPTER 61-A, ARTICLE 8
§ 300. Permits. 1. It shall be unlawful to commence the construction
or alteration of a multiple dwelling or any part or section thereof, or
of any building or structure on the same lot with such a dwelling, or
the alteration or conversion of a building for use as a multiple
dwelling, or the moving of a dwelling from one lot to another, until the
issuance of a permit by the department upon compliance with all of the
following requirements:

a. The owner, or a registered architect or licensed professional
engineer designated by the owner as his agent, shall file with the
department, upon a form furnished by it, a detailed statement of the
specifications for the construction, alteration, conversion or moving of
such dwelling or structure and for its use and occupancy, together with
as many complete copies of the plans of such work as may be required by
the department.

b. Such statement shall give the name and residence, by street and
number, of the owner of such dwelling or structure. If such
construction, alteration, conversion or moving is proposed to be done by
any other person than the owner of the land in fee, such statement shall
also contain the name and residence, by street and number, of every
person interested in such land and dwelling, either as owner, as lessee
or in any representative capacity.

c. Such statement shall be verified by an affidavit of the person
making it. Said affidavit shall allege that said specifications and
plans are true and contain a correct description of such dwelling or
structure, of the class and kind thereof, of its occupancy of the lot
and of the proposed work. No architect or engineer shall be recognized
as the agent of the owner unless he shall file with the department a
written instrument, signed by the owner, designating him as such agent.
Any false allegation in respect to a material point shall be deemed

d. Such specifications, plans and statements shall be filed in the
department, which shall cause them to be examined. If such plans and
specifications conform to the provisions of this chapter, to the
building code and regulations, and to all other applicable law, they
shall be approved by the department, and a written certificate to that
effect shall be issued to the person entitled thereto.

2. The construction, alteration, conversion or moving of such dwelling
or structure or any section or part thereof shall be in accordance with
such approved specifications, plans and statements. The department may
approve changes in any plans, specifications and statements previously
approved by it, provided that when so changed they are in conformity
with law and with the provision of subdivision four.

3. Nothing contained in this section shall prevent the department from
issuing a permit for the erection of the foundation or cellar walls of a
dwelling, provided plans have been filed and approved in the department
for the erection of such walls, but no construction above the first tier
of beams shall be authorized under such permit.

4. Any permit or approval which may be issued by the department, but
under which no work has been done above the foundation or cellar walls
within two years from the time of the issuance of such permit or
approval, shall expire. The department may reissue any permit or renew
any approval that has so expired, but shall require, except as otherwise
provided in subdivision one of section twenty-six, that the plans be
made to conform with any amendments to any laws applicable thereto that
may have been enacted after the approval of the original application.

5. Any permit or approval issued for plans filed prior to December
fifteenth, nineteen hundred sixty-one, where such plans do not comply
with the provisions of paragraph d of subdivision one of section
twenty-six, shall expire on December fifteenth, nineteen hundred

6. No room in a cellar or basement shall be occupied for living
purposes unless the department shall issue a written permit for such
occupancy after all the applicable provisions of law have been complied
with. If such permit is refused or revoked, the reason for such action
shall be stated by the department in writing and a copy of such
statement shall be recorded by the department and be accessible to the
public. In a tenement such permit shall be kept readily accessible in
the main living room of the apartment containing such cellar or basement

7. The department shall have power to revoke or cancel any permit or
approval in case of any failure to comply with any of the provisions of
this chapter, or in case any false allegation or representation is made
in any specifications, plans or statements submitted or filed for such
permit or approval.

8. All specifications, plans, permits and statements filed in the
department shall be public records and shall not be removed from the