A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 19-142, regarding a report on determining the feasibility of expediting the demolition and rebuilding permitting process in the event of a natural disaster

Nancy E. Glowa Assistant City Solicitors Paul S. Kawai City Solicitor SANTIOVIS Keplin K. U. Allwaters Sean M. McKendry Arthur J. Goldberg Deputy City Solicitor Megan B. Bayer Brian A. Schwartz Samuel A. Aylesworth First Assistant City Solicitor REGIMINE Public Records Access Officer Seah Levy CITY OF CAMBRIDGE Office of the City Solicitor 795 Massachusetts Avenue Cambridge, Massachusetts 02139 February 1, 2021 Louis A. DePasquale City Manager City Hall Cambridge, MA 02139 Re: Response to City Council Awaiting Report Number 19-142, report on determining the feasibility of expediting the Demolition and Rebuilding permitting process in the event of a natural disaster. Dear Mr. DePasquale: This is in response to Awaiting Report Number 19-142, which requests that "the City Manager be and hereby is requested to confer with the Inspectional Services Department, the Department of Public Works, the Cambridge Historical Commission and other relevant City departments to determine the feasibility of expediting the Demolition and Rebuilding permitting process in the event of a natural disaster, including but not limited to: instituting a committee with members from the aforementioned three Departments, and creating a dedicated point person within Inspectional Services to serve as a liaison to assist property owners throughout the process." We have reviewed the Cambridge Municipal Code and the Massachusetts State Building Code (the "Building Code") and conferred with the relevant City departments. There is no formal mechanism available under the Building Code that would authorize City departments to waive all requirements needed to obtain a building or demolition permit in the event that a building is destroyed in a natural disaster. However, there is nothing that would prevent the City Manager from instituting a committee with members of the above departments and other relevant departments or to create a dedicated point person within the Inspectional Services Department to assist property owners throughout the building permit application process in such circumstances. In addition, if any building is unsafe or dangerous, the City is permitted under state law to issue orders to immediately ensure the safety of the building or property and its occupants. While Chapter 2.78 of the Cambridge Municipal Code ("Historical Buildings and Landmarks") imposes legal requirements generally applicable with respect to the issuance of building and demolition Facsimile [phone removed] TTY/TTD [phone removed] Telephone [phone removed]

2 permits, Section 2.78.110 entitled "Emergency demolition" authorizes emergency construction, reconstruction, alteration or demolition which the Commissioner of Inspectional Services certifies is required for public safety because of an unsafe or dangerous condition. Therefore, while the requirements of the Building Code and the Municipal Code may not be waived in cases of extreme urgency or emergency, the Commissioner of Inspectional Services has the powers described above to take such measures as may be required for public safety to protect people and property in cases of such extreme urgency or emergencies. In addition, the City Manager through this response has committed to convening a task force comprising relevant City staff from the Inspectional Services Department, the Department of Public Works, the Cambridge Historical Commission and other relevant City departments to make sure that all efforts to expedite the legally required review and approvals for any building or demolition permits will be made to the fullest extent possible. Very Traly Yours, City Solieitor 2