New 248 CMR: 10.00 State Plumbing Code - ACEC/MA Questions, Board Answers

New 248 CMR: 10.00 State Plumbing Code Effective 12/08/2023 - - ACEC/MA Questions, Plumbing Board Response

On December 8, 2023, , the Secretary of State’s office promulgated a new version of the 248 CMR 10.00: Uniform State Plumbing Code, effective 12/08/2023.

This page: https://www.mass.gov/lists/policies-regulations-and-statutes-for-plumbers-and-gas-fitters will give you both the new code and the old code, along with other reference documents.

ACEC/MA Questions

ACEC/MA submitted some questions to the Plumbing Board in February 2024.  The Plumbing Board's Executive Director, Kenneth Peterson, provided some responses on February 14, 2024, shown below.

Please see notes below in yellow. You are correct that bathroom facilities are required in structures, not previously mandated. If you feel your project will be subject to a hardship, other than financial, you can fill out a variance application here: Submit a Variance Request to the Board of State Examiners of Plumbers and Gas Fitters | Mass.gov

Letter sent by ACEC/MA with his answers:

Dear Plumbing Board and Commissioner Sarah Wilkinson, Division of Occupational Licensure,

I am writing on behalf of the American Council of Engineering Companies of MA (ACEC/MA), a business association of engineering and land surveying firms in the Commonwealth.

I urge the Plumbing Board to move quickly to issue a board policy or advisory letter that clarifies concurrency and the issues outlined below.

We are receiving many questions from our members about the concurrency period for the new version of 248 CMR 10.00: Uniform State Plumbing Code

• Is the bid date, awarded date or date the permit is issued the date that is referenced when discussing the revised code date? A: Date of permit

• Is there any type of grace period (concurrency) attached to the effective date of the revised code?  A: NO

• Would the Plumbing Board please clarify that restrooms are not needed in certain types of structures? A: Please see below, Table 1 from 248 CMR 10.10

Related to the new regulation and “effective date” many municipal projects were funded, designed and ready to move to construction well before the effective date for 248 CMR 10.00.  Modifying construction documents will have significant cost implications to both design and construction costs. Depending upon the date used many projects may require significant change orders and have both serious cost and schedule impacts for owners of these projects. You can apply for a variance for your project.

There are numerous projects that fall into several categories – the recent change in the regulation and the effective date will impact the cost and schedule for these projects.

Here are some of the issues that communities are facing:

• Design Phase – Funding was appropriated by the City or Town based upon the project cost estimate developed using the code in place at the time of appropriation.

Implementation of the new code may require the additional funding by the City or Town (possibly going back to City or Town government and/or to the state agency;  i.e. SRF)

• Bidding Phase / about to be awarded. – Design is 100 % complete and the project is about to be awarded – adjusting the designs to comply with the new code requirements will require efforts and cost for re-design, re-bidding of the projects as well as possible additional funding appropriations

• There are many large municipal projects that fall into this category and lack of guidance on this regulation is delaying the construction awards because of the unforeseen the cost implications.

• Project awarded but construction not yet started. - Adjusting the designs to comply with the new code requirements will require efforts and cost for re-design, change orders to the construction contract as well as possible additional funding appropriations at the municipal government level.

• Often when municipalities and firms encounter new regulations (state or federal), the agency provides guidance and clarity to indicate that projects already in the planning or design phase are exempt from the new regulation – without such guidance and exemptions the effective date cited in the revised plumbing code represents a substantial impact on costs, schedule, and ability to implement some projects.

• Additionally, the revised code modifies the building classification table previously used to determine code requirements and will now require restroom facilities for unoccupied structures which may require maintenance such as pumping stations, sub-stations, and similar type facilities. The requirement that one unisex/gender neutral restroom shall be required within the facility. Section 10.10(15) c.19 represents a substantial change, but not for the reasons you may know. Yes this is true, please see table below
  • These types of small unoccupied facilities previously did not require any restrooms unless indicated by the building classification. Examples of structures that have not had restrooms include:
    • Small water and wastewater pump stations that may have small control building at the site to house electrical equipment.
    • Prefabricated below grade pump stations accessible only by at grade hatches or manholes (no above grade structures)
    • Drinking water well head facilities where sanitary sewers do not exist and where groundwater protection regulations prohibit septic systems.

A: 10.10 Table 1:   Minimum Facilities for Building Occupancy cont.

From Page 53 of code online:

From Page 54 of code online:

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Additional Background from ACEC/MA on the Plumbing Code

This is a redline markup of 248 CMR 10.00. –  with this, you can compare the old version to the new version of the code. [This will open as a word document you can download and save.]

Requested Action: By December 21, 2023, please send any comments or questions that ACEC/MA should forward to the Board to  Abbie Goodman on this email: acecma@engineers.org with a copy to agoodman@engineers.org. If you need to provide comments after December 21, we’ll work to compile them before the Board’s posted February meeting.

For these emails, please use this subject line:  ACEC/MA Comments on 248 CMR 10.00.

The Board of State Examiners of Plumbers and Gas Fitters is scheduled to meet next on January 3, 2024. We hope to provide the comments to them before their meeting.

Background:

The purpose of 248 CMR 10.00 is to provide the rules governing all Massachusetts plumbing installations. This extensive regulation sets out basic principles, specifies important plumbing definitions, lists minimum numbers of plumbing fixtures that must be installed in subject installations, and provides a host of other provisions necessary to ensure plumbing installations are made in a manner that protects the public’s health, safety, and welfare.

The new 248 CMR 10.00 includes updates to Sections 10.10 (15) (g) and (h) - Unisex/Gender Neutral Toilet Rooms and Multi-user/Gender Neutral Toilet Rooms. This is an important step forward.

Separately, there seem to be inconsistencies between the Plumbing Code and MassDEP’s drinking water regulations 310 CMR 22.00. MassDEP submitted comments that apparently were not resolved by December 8, 2023. There may be other issues that are inconsistent with the current 9^th edition of the state building code or the proposed 10^th edition. We need the help of interested design professionals at ACEC/MA member firms to identify areas that need clarification.  

At the November 15, 2023, public hearing by the Board of State Examiners of Plumbers and Gas Fitters on the proposed changes to the 248 CMR 10.00, several people offered verbal and written testimony about the proposed regulations.  The Plumbing Board voted to create a guidance document to help clarify some of the changes. 

On December 8, 2023, ACEC/MA Executive Director Abbie Goodman contacted the Division of Occupational Licensure’s Commissioner Sarah Wilkinson about the need to also clarify the effective date for these regulations, as so many projects are currently in design. She indicated that they were working on an initial guidance document that would include a clarification of the effective date and several other issues. She also indicated that the Board is prepared to issue other guidance to questions they receive as more people become aware of this new code.

We will notify ACEC/MA membership once guidance documents become available.

If you wish to submit your own comments and questions directly to the Board: all general questions & correspondence related to the 248 CMR 10.00 can be submitted online to Plumbingboard@mass.gov

Or you may submit written questions & correspondence to:

Mr. Joseph McNamee, Chair, Board of State Examiners of Plumbers and Gas Fitters

Division of Occupational Licensure, 1000 Washington St, 7th Fl, Boston, MA 02118