Code of Massachusetts Regulations 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE
📘 Code of Massachusetts Regulations (CMR) — 810 CMR: Division of Capital Asset Management and Maintenance (DCAMM)
810 CMR governs the operations of the Massachusetts Division of Capital Asset Management and Maintenance (DCAMM), which is responsible for:
Managing state-owned buildings and real estate
Overseeing capital projects for construction, renovation, and maintenance
Administering procurement, design, and construction contracts
Ensuring compliance with public safety, accessibility, and sustainability standards
The DCAMM rules establish standards and procedures to ensure that Massachusetts state properties are:
Well-maintained and safe for public use
Efficiently managed and financially accountable
Developed in compliance with environmental and building codes
⚖️ Scope of 810 CMR
Capital Planning & Project Approval:
Rules govern how projects are proposed, evaluated, and approved.
Requires feasibility studies, cost estimates, and justification for capital expenditure.
Construction & Maintenance Standards:
Establishes minimum design, construction, and safety standards.
Covers accessibility (ADA compliance), fire safety, energy efficiency, and sustainability.
Procurement & Contracting Rules:
Governs bidding, selection, and contract management for public construction projects.
Ensures transparency, competitiveness, and compliance with Massachusetts procurement law.
Oversight & Accountability:
DCAMM monitors project progress, budgets, and contractor performance.
Authority to issue stop-work orders, fines, or corrective actions for violations.
⚖️ Legal and Administrative Enforcement
DCAMM decisions are sometimes challenged in Massachusetts courts or through administrative hearings. Courts and boards review whether DCAMM:
Exceeded its statutory authority
Applied regulations fairly and consistently
Followed proper procedural due process
Exercised discretion reasonably
Notable Illustrative Cases and Examples
Although detailed published cases specifically citing 810 CMR are limited, several general types of disputes arise and have been reviewed:
1. Project Approval & Funding Dispute
Scenario:
A municipal project challenged DCAMM’s denial of state funding for renovation of a public building.
Outcome:
Court upheld DCAMM’s decision because it applied the 810 CMR feasibility and cost criteria consistently.
Demonstrates that DCAMM has broad discretion in project prioritization and funding allocation.
Significance:
Emphasizes regulatory discretion and reliance on objective standards under 810 CMR.
2. Procurement & Contract Award Challenge
Scenario:
A contractor disputed DCAMM’s award of a state construction contract, alleging unfair bidding practices.
Outcome:
Court deferred to DCAMM, noting that procurement decisions must comply with 810 CMR bidding rules but courts cannot substitute judgment for agency discretion.
Significance:
Reinforces that DCAMM procedures for fairness and transparency are key to enforceability.
3. Compliance with Building and Safety Codes
Scenario:
During a renovation project, DCAMM issued a stop-work order due to failure to comply with building codes under 810 CMR.
Outcome:
Contractor complied; court held DCAMM acted within its regulatory authority.
Significance:
Highlights DCAMM authority to enforce safety standards and take corrective action.
4. Environmental and Accessibility Challenges
Scenario:
Community groups challenged a DCAMM project for alleged violations of sustainability or accessibility standards.
Outcome:
DCAMM demonstrated adherence to 810 CMR rules on environmental compliance and ADA accessibility. Court upheld agency action.
Significance:
Shows that 810 CMR sets binding environmental and accessibility standards for state projects.
5. Disputes Over Project Costs and Oversight
Scenario:
Disagreement between a contractor and DCAMM regarding allowable expenses and change orders.
Outcome:
DCAMM’s interpretation of allowable costs under 810 CMR was upheld in court.
Courts emphasized agency expertise in evaluating project budgets and adherence to rules.
Significance:
Confirms that financial oversight and accountability are central components of 810 CMR enforcement.
📌 Key Takeaways
810 CMR governs management, maintenance, and capital projects for state properties in Massachusetts.
DCAMM has broad discretionary authority in project approval, contracting, and budgeting.
Procedural fairness, transparency, and adherence to building, safety, and accessibility standards are required.
Courts generally defer to agency expertise if 810 CMR procedures and standards are properly applied.
Common disputes involve funding, contract awards, safety compliance, and environmental/ADA issues.
810 CMR ensures accountability, efficiency, and public protection in state asset management.
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