Massachusetts Snow Removal Law in Construction
Snow and ice are a major concern in Massachusetts, not only for homeowners but also for businesses and construction projects. In the construction industry, safety, compliance, and accessibility are essential, and understanding the Massachusetts snow removal law is critical. Contractors, property owners, and managers must ensure that construction sites, sidewalks, driveways, and access roads are clear of snow and ice to prevent accidents and avoid liability.
This article explains the Massachusetts snow removal law, how it applies in construction, and what contractors and property owners need to know to stay compliant.
Overview of Massachusetts Snow Removal Law
Massachusetts law requires property owners, tenants, and businesses to take responsibility for clearing snow and ice from sidewalks, pathways, and entrances. The law is based on a “reasonable care” standard, meaning property owners must act in a timely and reasonable manner to remove snow and ice hazards.
In 2010, the Massachusetts Supreme Judicial Court made a landmark ruling in Papadopoulos v. Target Corp., which eliminated the “natural accumulation rule.” Before this case, property owners were not liable for injuries caused by naturally accumulated snow and ice. After the ruling, however, property owners can now be held responsible for injuries caused by any accumulation of snow and ice, whether natural or unnatural.
Impact on Construction Sites
For construction projects, the Massachusetts snow removal law applies just as it does to homes and businesses. Construction companies and site managers must ensure that snow and ice are promptly addressed to maintain safety and accessibility.
Key Responsibilities in Construction:
- Access Roads & Driveways – Construction vehicles and deliveries must have safe access.
- Sidewalks & Walkways – Any pedestrian paths near or through construction zones must be kept clear.
- Work Zones – Areas where workers operate must be free from snow and ice to prevent workplace accidents.
- Parking Areas – If construction projects involve temporary parking, these areas must also be maintained.
- Equipment Safety – Snow buildup around heavy machinery can cause operational hazards.
Fines and Liabilities
Failure to comply with snow removal requirements can result in:
- Fines – Many Massachusetts cities and towns have their own snow removal ordinances, with penalties ranging from $25 to $200 for noncompliance.
- Civil Liability – Property owners and contractors may face lawsuits if someone slips and falls due to untreated snow or ice.
- Project Delays – Construction can be halted if snow and ice are not removed properly, leading to costly setbacks.
Best Practices for Snow Removal in Construction
To stay compliant and keep construction sites safe, contractors should adopt the following practices:
- Create a Snow Removal Plan – Assign responsibilities before winter begins.
- Hire Professional Snow Removal Services – Especially for large projects or sites with high traffic.
- Use Proper Equipment – Snowplows, salt spreaders, and snow blowers should be readily available.
- Apply De-Icing Materials – Salt, sand, or eco-friendly de-icers help minimize ice hazards.
- Schedule Regular Inspections – Continuously monitor construction areas for refreezing conditions.
Municipal Regulations in Massachusetts
In addition to state laws, many Massachusetts municipalities have their own snow removal ordinances. For example:
- Boston – Property owners must clear sidewalks within 3 hours of snowfall ending (or within 3 hours of sunrise if it falls overnight).
- Cambridge – Snow must be removed within 6 hours of daylight after snowfall ends.
- Worcester – Owners have 12 hours after snowfall to clear sidewalks.
Construction companies working across multiple towns must be aware of these variations to avoid fines.
Conclusion
The Massachusetts snow removal law plays a vital role in construction safety and liability management. Since the Papadopoulos v. Target ruling, property owners and contractors are expected to take reasonable care in clearing snow and ice from sidewalks, roads, and work zones. For construction sites, compliance is not just a legal requirement but also an essential step in ensuring worker safety, preventing delays, and avoiding costly lawsuits.
By understanding state law, local ordinances, and best practices, construction professionals can manage snow removal effectively and keep projects on track during the winter months.
FAQs on Massachusetts Snow Removal Law in Construction
Q1. Who is responsible for snow removal on a construction site in Massachusetts?
The property owner or the contractor managing the site is typically responsible for ensuring snow and ice are cleared safely.
Q2. How soon must snow be removed after a storm?
It depends on the city. For example, Boston requires sidewalks to be cleared within 3 hours of snowfall ending, while Worcester allows up to 12 hours.
Q3. Can construction companies be fined for not clearing snow?
Yes. Municipal fines range from $25 to $200, and contractors may also face civil liability if someone is injured.
Q4. What happens if snow and ice delay construction work?
Failure to manage snow can halt construction, cause missed deadlines, and increase project costs.
Q5. Does the law apply to temporary sidewalks and access paths at construction sites?
Yes. Any pedestrian or vehicle path must be maintained free of snow and ice.
Q6. What if a subcontractor is responsible for snow removal?
The general contractor or property owner is still ultimately responsible for compliance, even if subcontractors handle the work.
Q7. Are there specific safety standards for snow removal in construction?
OSHA requires employers to maintain safe working conditions. This includes removing snow and ice from walkways, scaffolding, and work areas where hazards exist.
