New Permitting Requirements Proposed for Construction Projects in the City of Boston

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The City of Boston has proposed new safety protocols for construction work deemed essential during the ongoing health emergency caused by the COVID-19 virus. A summary of the types of construction projects that have been deemed essential can be found at https://www.boston.gov/news/temporary-guidance-construction-city-boston. The draft protocols are expected to be implemented by Monday, April 27th and, when implemented, will condition the approval of all construction projects on the submission of a COVID-19 Safety Plan and a COVID-19 Safety Affidavit. For projects that are already permitted, this documentation must be provided by the April 27th date, or before work commences. The policy will only apply to projects permitted by the City of Boston.

The COVID-19 Safety Plan requires the submission of a Construction Site Best Practices Worksheet questionnaire in connection with all construction permit applications. The worksheet sets forth the practices and procedures to be implemented to protect the safety of jobsite workers. The worksheet includes a number of questions across six key categories, which include: (1) steps taken before shifts start; (2) job site hygiene; (3) social distancing on the job site; (4) personal protective equipment; (5) communications and job site training; and (6) COVID-19 specific planning. A copy of the draft worksheet can be found at: https://www.boston.gov/sites/default/files/file/2020/04/Boston%27s%20Covid-19%20Construction%20Site%20Best%20Practices%20Worksheet_0.pdf

The COVID-19 Safety Affidavit requires that each permitted contractor attest that they have created a COVID-19 Safety Plan, submitted the Safety Plan for review and approval by the City, and will implement the Safety Plan on the jobsite during construction. Non-compliance with the Safety Plan can result in the suspension or termination of any work permits. A copy of the affidavit can be found at https://www.boston.gov/sites/default/files/file/2020/04/Boston%27s%20COVID-19%20Affidavit%20for%20Construction%20Work.pdf.

During the freeze on non-essential construction, the City will review requests for exemptions to the construction moratorium on a case-by-case basis. The City has advised that exemptions may be granted if construction projects “support increased public health and safety and precautions are taken to mitigate the risk of exposure to COVID-19 among workers.”

Questions about the updated policies are due by Wednesday, April 22, and can be submitted by email to construction@boston.gov.