Massachusetts Building Code & Construction Permit Law

Massachusetts Code · 24 sections

The following is the full text of Massachusetts’s building code & construction permit law statutes as published in the Massachusetts Code. For the official version, see the Massachusetts Legislature.

M.G.L. ch. 143, s. 1

Section 1. In this chapter the following terms, unless a contrary meaning is required by the context or is specifically prescribed, shall have the following meanings: ''Alteration'', change in or addition to a building which reduces the means of exit or fire resistance or changes its structural support, use or occupancy. ''Board'', the state board of building regulations and standards established by section ninety-three. ''Building'', a combination of any materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals or property. For the purpose of this definition ''roof'' shall include an awning or any similar covering, whether or not permanent in nature. The word ''building'' shall be construed where the context requires as though followed by the words ''or part or parts thereof''. ''Commissioner'', the commissioner of the division of occupational licensure. ''Division'', the division of occupational licensure. ''Inspector'', an inspector in the office of public safety and inspections of the division of occupational licensure, except when qualified by the word ''local'', whereupon it shall mean the inspector of buildings, building commissioner or local inspector of a city, town or district, unless otherwise provided in this chapter. ''Repair'', the reconstruction or renewal of a building or structure or part thereof damaged by fire or other cause. ''Specialized code'', all building codes, rules or regulations pertaining to building construction, reconstruction, alteration, repair or demolition promulgated by and under the authority of the various boards which have been authorized from time to time by the general court. ''State building code'', the state building code and amendments and rules and regulations thereto as promulgated by the state board of building regulations and standards under the provisions of section ninety-three, ninety-four and ninety-five. ''Structure'', a combination of materials assembled at a fixed location to give support or shelter, such as a building, framework, retaining wall, tent, reviewing stand, platform, bin, fence, sign, flagpole, recreational tramway, mast for radio antenna or the like. The word ''structure'' shall be construed, where the context allows, as though followed by the words ''or part or parts thereof''. ''Theatre'', a building or part thereof in which it is intended to make a business of the presentation of performances for the entertainment of spectators, which has a seating capacity of more than four hundred, with a stage which can be used for scenery and other appliances.

M.G.L. ch. 143, s. 100

Section 100. There shall be in the division of occupational licensure a building code appeals board, hereinafter called the appeals board, to consist of the board established under the provisions of section ninety-three. Whoever is aggrieved by an interpretation, order, requirement, direction or failure to act by any state or local agency or any person or state or local agency charged with the administration or enforcement of the state building code or any of its rules and regulations, except any specialized codes as described in section 96, other than the specialized stretch energy code developed and promulgated by the department of energy resources, may within forty-five days after the service of notice thereof appeal from such interpretation, order, requirement, direction, or failure to act to the appeals board. Appeals hereunder shall be on forms provided by the appeals board and shall be accompanied by such fee as said appeals board may determine. The state, city or town officer in charge of the records and all other papers and documents relative to an appeal shall forthwith, upon receipt of a request of the appeals board, transmit such papers and documents constituting such record to the appeals board. An appeal shall stay all proceedings in furtherance of the action or failure to act appealed from unless the state or local agency or any person charged with the administration or enforcement of the state building code or any of its rules and regulations presents evidence that a stay would involve imminent peril of life or property. The chairman of the appeals board may designate any three members of the appeals board to hold any public hearing under this section, and to hear testimony and take evidence. The appeals board in hearings conducted under this section shall not be bound by strict rules of evidence prevailing in courts of law or equity. Decisions on appeal shall be made by the three members of the appeals board conducting the public hearing. Every decision shall require the concurrence of at least two of the three members holding the public hearing and the appeals board shall state in writing its findings of fact, its conclusions, reasons for its decision and indicate the vote of each member of the appeals board upon the decision. The chairman shall fix a convenient time and place for a public hearing before said three members. Said hearing shall be held not later than thirty days after the filing of such appeal unless such time is extended by agreement with the appellant. The chairman shall give at least ten days notice of the time and place of said hearing to all interested parties. Any such party may appear in person or by agent or attorney at such hearing. The appeals board shall issue a decision or order reversing, affirming or modifying in whole or in part such interpretation, order or requirement, or postponing the application thereof, within thirty days after such hearing, unless such time is extended by agreement with the appellant. The appeals board may grant a variance from any provision of this code in any particular case, may determine the suitability of alternate materials and methods of construction, and may provide reasonable interpretations of the provisions of this code; provided, however, that appeals board decisions shall not conflict with the general objectives set forth in section ninety-five. In exercising its powers under this section, the appeals board may impose limitations both as to time and use, and a continuation of any use permitted may be conditioned upon compliance with regulations made and amended from time to time thereafter. A copy of such order or decision of the appeals board shall be sent forthwith by certified mail to all interested parties. A record of all appeals board decisions and of votes thereunder, properly indexed, shall be maintained in the office of the appeals board and shall be open to public inspection at all times during regular business hours. The appeals board may establish a local board of appeals in a city or town or a regional board of appeal for more than two or more cities or towns consisting of not less than three nor more than five members. The appeals board may require as a condition precedent to appeal to the appeals board that said appeal be first heard by such local or regional board of appeals. Such local or regional board of appeals may establish rules for its own procedure and shall have the same powers and duties relative to appeals as the building code appeals board. A copy of any decision by a local board of appeal shall be transmitted to the board within ten days after the rendering of such decision.

M.G.L. ch. 143, s. 101

[Text of section added by 2024, 150, Sec. 45 effective August 6, 2024. See also, Section 101 added by 2024, 239, Sec. 45 effective February 18, 2025, below.] Section 101. The executive office of housing and livable communities shall promulgate regulations to ensure that no seller of a residential structure or a residential condominium unit, or an agent thereof, shall: (i) condition the acceptance of an offer to purchase on the prospective purchaser's agreement to waive, limit, restrict or otherwise forego any prospective purchaser's right to have the structure or unit inspected, except when the sale of the structure or unit is to occur at an auction conducted by an auctioneer licensed under chapter 100; or (ii) accept an offer to purchase from a prospective purchaser, or an agent thereof who, in advance of the seller's acceptance of an offer, informs the seller, either directly or indirectly, that the prospective purchaser intends to waive, in whole or in part, the prospective purchaser's right to inspection; provided, however, that the seller may accept such an offer without violating this section if the prospective purchaser is: (A) the spouse, sibling, child, parent, grandparent, grandchild, great-grandchild or great-grandparent of the seller; or (B) the former spouse of the seller and the sale of the structure or unit is being made pursuant to a judgment or order under chapter 208; provided further, that other limited exceptions may be provided for by regulation. [Text of section added by 2024, 239, Sec. 45 effective February 18, 2025. See also, Section 101 added by 2024, 150, Sec. 45 effective August 6, 2024, above.] Section 101. Notwithstanding any provision of the state building code, specialized code or any other general or special law to the contrary, refrigerants identified as an alternative for use in accordance with 42 U.S.C. 7671k shall be acceptable for use in the commonwealth.

M.G.L. ch. 143, s. 12

Section 12. The supreme judicial or superior court may restrain the construction, alteration, repair, maintenance or use of a building or structure in violation of any ordinance or by-law of a city or town or of the state building code and order its removal or abatement as a nuisance; and may restrain the further construction, alteration or repair, maintenance, use or occupancy of a building or structure reported to be dangerous, under a survey authorized by section eight, until the determination of the matter, as provided in section ten.

M.G.L. ch. 143, s. 3

Section 3. The chief administrative officer of each city or town shall employ and designate an inspector of buildings or building commissioner as well as such other local inspectors as are reasonably necessary to assist the inspector of buildings or building commissioner to administer and enforce the state building code as well as section thirteen A of chapter twenty-two and the rules and regulations made under the authority thereof. The building commissioner or inspector of buildings shall be the administrative chief in a city or town responsible for administering and enforcing the state building code as well as section thirteen A of chapter twenty-two and the rules and regulations made under the authority thereof. Any additional persons employed by a city or town to assist the building commissioner or inspector of buildings in the performance of his duties shall be called local inspectors. The local inspector shall also be responsible for enforcing the state building code as well as section thirteen A of chapter twenty-two and the rules and regulations made under the authority thereof. The inspector of buildings or building commissioner shall report directly and be solely responsible to the person or public body that appointed him. Two or more cities or towns may combine and share expenses in the appointment of any building commissioner or inspector of buildings and local inspectors. If the board of selectmen of two or more towns so vote, such towns may enter into an agreement with the county commissioners of the county wherein such towns are located relative to the appointment and compensation of a building commissioner or inspector of buildings and local inspectors. The county commissioners shall apportion the budget approved for the building commissioner or inspector of buildings and local inspectors in accordance with said agreement. Said apportionment shall forthwith be certified by said commissioners to the board of selectmen of each member town and the amounts so certified shall be appropriated and paid to the county treasurer in accordance with provisions of said agreement. Each inspector of buildings or building commissioner shall have had at least five years of experience in the supervision of building construction or design or in the alternative a four year undergraduate degree in a field related to building construction or design or any combination of education and experience which would confer equivalent knowledge and ability, as determined by the board. In addition, such person shall have had a general knowledge of the quality and strength of building materials; a general knowledge of the accepted requirements for building construction, fire prevention, light, ventilation, safe exits and the requirements of section thirteen A of chapter twenty-two and the rules and regulations promulgated pursuant thereto pertaining to accessible design standards; and a general knowledge of other equipment and materials essential for safety, comfort, and convenience of the occupants of a building or structure. Each local inspector shall have had at least five years of experience in the supervision of building construction or design or in the alternative a two year associate degree in a field related to building construction or design or any combination of education and experience which would confer equivalent knowledge and ability, as determined by the board. In addition, such persons shall have a general knowledge of the quality and strength of building materials; a general knowledge of the accepted requirements for building construction, fire prevention, light, ventilation and safe exits; and a general knowledge of other equipment and materials essential for safety, comfort, and convenience of the occupants of a building or structure, and the energy requirements imposed by clause (p) of section 94. In the event that a city or town shall be without a local inspector, the board may, with the approval of the commissioner, direct an inspector to temporarily fulfill the duties of the local inspector for a period not to exceed thirty days. In such an event the inspector shall have all the powers of a local inspector. Each city or town shall reimburse the commonwealth for the actual cost of such services provided. The clerk of each city and town shall annually, not later than April first, transmit to the board in writing the name and official address of each inspector of buildings or building commissioner and each local inspector in such city or town. Every inspector of buildings, building commissioner or local inspector shall be certified by the board of building regulations and standards in accordance with regulations promulgated by said board.

M.G.L. ch. 143, s. 32

Section 32. If a schoolhouse in any city has not been provided with a safe and proper egress or other means of escape from fire, as required by this chapter or by pertinent sections of the state building code, within six months after written notice by the local inspector to the owner, lessee, occupant, or agent in charge thereof, the mayor, for the purpose of conforming to the provisions of this chapter or the state building code relative to egress or other means of escape from fire in schoolhouses, may, upon petition of one hundred citizens or taxpayers in such city, authorize the expenditure upon such schoolhouse of not more than fifteen per cent of the cost thereof, payable from any money in the treasury of that city which is not otherwise appropriated.

M.G.L. ch. 143, s. 35

Section 35. The licensee shall be responsible, civilly and criminally, for noncompliance with the laws and the state building code applicable to the theatre, special hall or public hall, as defined by this chapter or by the state building code, covered by his license, and for non-compliance with the conditions thereof.

M.G.L. ch. 143, s. 3A

Section 3A. Unless otherwise provided by the state building code, the local inspector shall enforce the state building code as to any building or structure within the city or town from which he is appointed, including any building or structure owned by any authority established by the general court but not owned in whole or in part by the commonwealth, and the state building code shall be the code for all buildings and structures within the city or town. In the event of a conflict between the code and a statute, ordinance or bylaw regulating an historic district, regional historic district or architecturally controlled district, the statute, ordinance or bylaw regulating exterior architectural features within that district shall prevail. The inspector shall enforce the state building code as to any building or structure within any city or town that is owned in whole or in part by the commonwealth or any departments, commissions, agencies or authorities of the commonwealth. The inspector shall have all the powers of a local inspector under this chapter and under the state building code as to buildings or structures that are owned in whole or in part by the commonwealth or any of its departments, agencies, commissions or authorities. The inspector may review any order or decision of a local inspector. The inspector shall supervise the enforcement of the state building code, make periodic reviews of all local building inspection practices and make recommendations for improvement of such practices. Reports of such reviews shall be filed with the board of building regulations and standards. The provisions of this section shall not apply to bridges and their appurtenant supporting structures which have been or are to be constructed by or are under the custody and control of the department of highways or the Massachusetts Department of Transportation or for which said department or authority has maintenance responsibility.

M.G.L. ch. 143, s. 3L

Section 3L. The board of fire prevention regulations shall make and promulgate, and from time to time may alter, amend and repeal, rules and regulations relative to the installation, repair and maintenance of electrical wiring and electrical fixtures used for light, heat and power purposes in buildings and structures subject to the provisions of sections three to sixty, inclusive, and the state building code. Such regulations shall be in accordance with generally accepted standards of engineering practice, and shall be designed to provide reasonable uniform requirements of safety in relation to life, fire and explosion. Upon the making of such rules and regulations and prior to their promulgation, the board shall hold a public hearing thereon, notice of which shall be given by advertising in at least one newspaper in each of the cities of Boston, Worcester, Springfield, Fall River, Lowell and Lynn, at least ten days before said hearing. If, subsequent to their being deposited with the state secretary, as provided herein, the board on its own initiative contemplates changes in said rules and regulations, or if a petition is filed by any other person for changes therein, like notice and a hearing shall be given and held before the adoption thereof. Such rules and regulations, and any alterations, amendments or repeals thereof shall be deposited with the state secretary, and the same shall become effective when so deposited. No person shall install for hire any electrical wiring or fixtures subject to this section without first or within five days after commencing the work giving notice to the inspector of wires appointed pursuant to the provisions of section thirty-two of chapter one hundred and sixty-six. Said notice shall be given by mailing or delivering a permit application form prepared by the board, to said inspector. Any person failing to give such notice shall be punished by a fine not exceeding five hundred dollars. This section shall be enforced by the inspector of wires within his jurisdiction and the state examiners of electricians. Any person installing for hire electrical wiring or fixtures subject to this section shall notify the inspector of wires in writing upon the completion of the work. The inspector of wires shall, within five days of such notification, give written notice of his approval or disapproval of said work. A notice of disapproval shall contain specifications of the part of the work disapproved, together with a reference to the rule or regulation of the board of fire prevention regulations which has been violated.

M.G.L. ch. 143, s. 3N

Section 3N. No person shall engage in gas fitting in the city of Boston without first making application to the building commissioner of said city and obtaining a permit therefor in accordance with the state building code; nor shall any person engage in gas fitting in any other city or town without first giving such notice as shall be prescribed by rules and regulations made by the board established under section twelve H of chapter twenty-five. Whoever violates any provision of this section shall be punished by a fine of not more than five hundred dollars. Rules and regulations adopted under section twelve H of chapter twenty-five may provide penalties for the violation thereof not exceeding five hundred dollars for any one offence and may provide that each day during any portion of which a violation is permitted to exist shall be a separate offence.

M.G.L. ch. 143, s. 3Q

Section 3Q. Notwithstanding any other provision of law to the contrary, the provisions of this chapter relative to the safety of persons and the prevention of fire in convalescent or nursing homes, rest homes and charitable homes for the aged licensed under the provisions of section seventy-one of chapter one hundred and eleven, including the regulation of the inspection, materials, construction, alteration and repair of such homes, shall be enforced under rules and regulations promulgated by the division and the board. Except in the case of new construction addition, alteration, such rules and regulations may provide for the installation of a sprinkler system where, after hearing, the division finds such system necessary for the safety of persons; provided, however, that where a sprinkler system would be unnecessary or impractical because of the location, size or construction of a home or because the home is authorized to contain not more than twenty-five beds, the division may require alternative methods of fire protection. An automatic sprinkler system shall be provided throughout any newly-constructed home, and in the case of any existing home where the licensee proposes an addition or alteration, as defined in the state building code, an automatic sprinkler system shall be installed in the course of such addition or alternation to such extent as the division may direct in accordance with such rules and regulations.

M.G.L. ch. 143, s. 3Z

Section 3Z. Notwithstanding the provisions of any general or special law to the contrary, in any city, town or district which accepts the provisions of this section, any part time inspector of buildings, building commissioner, local inspector or alternate inspector may practice for hire or engage in the business for which he is certified, licensed or registered under the building code, while serving as such inspector; provided, however, that within the area over which he has jurisdiction as inspector or alternate inspector, he shall not exercise any of his powers and duties as such inspector, including those of enforcement officer of the state building code for the construction, reconstruction, alteration, repair, demolition or removal work done by himself, his employer, employee or one employed with him. The inspection of such work shall be performed by the inspector of buildings or building commissioner of another city, town or district or by a special assistant inspector of buildings or assistant building commissioner who is appointed solely for the purpose of performing such inspections by the mayor of a city, the board of selectmen of a town or the governing board of a district. This section shall take effect in a city, town or district upon its acceptance in a city, by the vote of the city council, subject to the provisions of the charter of such city; in a town, by a vote of town meeting; in a municipality having a town council form of government, by a vote of the town council, subject to the provisions of the charter of such municipality; and in a district, by the vote of the cities and towns of the district.

M.G.L. ch. 143, s. 51

Section 51. The owner, lessee, mortgagee in possession or occupant, being the party in control, of a place of assembly, theatre, special hall, public hall, factory, workshop, manufacturing establishment or building shall comply with the provisions of this chapter and the state building code relative thereto, and such person shall be liable to any person injured for all damages caused by a violation of any of said provisions. No criminal prosecution for such violation shall be begun until the lapse of thirty days after such party in control has been notified in writing by a local inspector as to what changes are necessary to meet the requirements of such provisions, or if such changes shall have been made in accordance with such notice. Notice to one member of a firm or to the clerk or treasurer of a corporation or to the person in charge of the building or part thereof shall be sufficient notice hereunder to all members of any firm or corporation owning, leasing or controlling the building or any part thereof. Such notice may be served personally or sent by mail.

M.G.L. ch. 143, s. 54A

Section 54A. No officer, board or commission of the commonwealth, or of any city, town or district, charged with the enforcement of the state building code or laws, by-laws, ordinances, rules or regulations relating to the construction, reconstruction, enlargement or alteration of buildings or structures, shall accept or approve any plans or specifications that do not bear the seal of registration of an architect or a professional engineer, unless the plans and specifications are not required to be prepared by a registered architect or by a registered professional engineer, as set forth in sections sixty L and eighty-one R, respectively, of chapter one hundred and twelve; provided, however, that this section shall not be construed as authorizing a registered architect or registered professional engineer to prepare or submit plans and specifications which he is prohibited from preparing or submitting under any other provision of law.

M.G.L. ch. 143, s. 57

Section 57. The supreme judicial court or superior court shall have jurisdiction in equity to enforce the provisions of this chapter, the provisions of the state building code, and of any ordinance, by-law, rule or regulation made under authority of any of such provisions, the enforcement of which, under this chapter, is the responsibility of an inspector or local inspector; to enjoin violations thereof; and to restrain the use and occupation of any building subject to any provision of this chapter during the period of noncompliance with any order of such inspector or local inspector or such authorized representative or of the court.

M.G.L. ch. 143, s. 59

Section 59. The supreme judicial court or superior court may, upon the application of the commissioner, an inspector or local inspector, enforce by any suitable process or decree any section of this chapter, the state building code and any order or requirement of any person made under the authority thereof, which provisions or sections said commissioner, inspector or local inspector is, under this chapter or the state building code authorized to enforce.

M.G.L. ch. 143, s. 65

Section 65. If in the judgment of an inspector assigned by the commissioner that an elevator is safe, and if the elevator has been constructed in the manner required by law or by the regulations of the board of elevator regulations or the state building code, the inspector shall issue a certificate to that effect to the owner of the elevator or to the person in charge thereof, who shall post the certificate in a conspicuous place in or near the cab or car of such elevator. If such elevator is judged unsafe, the inspector shall immediately post conspicuously upon the entrance or door of the cab or car of such elevator, or upon the elevator, a notice of its dangerous condition, and shall prohibit the use of the elevator until it has been made safe to his satisfaction; provided, however, that said inspector shall also immediately notify the chief executive of the city or town wherein such unsafe condition exists. No person shall remove such notice or operate such elevator until the inspector has issued his certificate as aforesaid. No elevator licensed under this chapter shall be operated without a valid inspection certificate. If a certificate has expired, no new certificate shall be issued until a new inspection has been completed and no elevator shall be operated until a new certificate has been issued by a qualified state inspector. The owner or operator of an elevator who fails to comply with this section shall be punished by a fine of $100 for each day that an elevator is in operation without a valid certificate. The commissioner or the commissioner's designee may waive all or a portion of the $100 per day fine and may promulgate rules and regulations establishing criteria used to determine whether the fine may be waived. For the purposes of this section, an elevator shall be deemed to be in operation unless it has been placed out of service or decommissioned in accordance with procedures approved by the board. Fines shall stop accruing on the date on which the owner or operator has, in writing or in any manner prescribed by the division, requested an inspection of the elevator by the division. For any dumbwaiter, limited use elevator or limited application elevator, as defined in section 71E, or a wheelchair lift that has a travel distance of 25 feet or less and is located in an owner-occupied single family residence in accordance with section 64, the maximum fine shall be $5,000. For all other units, the maximum fine shall be $20,000. The commissioner or the commissioner's designee, or any other person that the commissioner may specifically authorize, may issue a written notice of violation under section 22 of chapter 22 for a violation of this section. The commissioner may assess a fee for appeals filed under this section which shall be determined by the secretary of administration and finance under section 3B of chapter 7. Upon application for annual inspection, owners shall provide to the division a current mailing address for the location of the unit.

M.G.L. ch. 143, s. 92

Section 92. No new state building code, rule or regulation or amendments thereof shall affect any building permit lawfully issued, or any building or structure lawfully begun in conformance with such permit, before the effective date of the state building code in a city or town, provided, that construction work under such a permit is commenced within six months after its issue, and that such work, whether under such permit or otherwise lawfully begun, proceeds in good faith continuously to completion so far as is reasonably practicable under the circumstances.

M.G.L. ch. 143, s. 93

Section 93. There is hereby established within the division of occupational licensure a board to be known as the state board of building regulations and standards, in this section and in sections ninety-four to one hundred, inclusive, called the board. The board shall adopt and administer a state building code. The board shall consist of 15 members, one of whom shall be the state fire marshall, or his designee, one of whom shall be the commissioner of the division of occupational licensure or his designee, 1 of whom shall be the commissioner of energy resources or a designee and all 3 of whom shall serve ex-officio and shall be voting members of the board, and 12 persons to be appointed by the governor, one of whom shall be a registered architect, one of whom shall be a registered professional engineer who is a mechanical engineer, one of whom shall be a registered professional engineer who is a structural engineer, one of whom shall be a representative of the building trades, one of whom shall be a general contractor of commercial or industrial buildings, one of whom shall be a building contractor of one or two-family homes, one of whom shall be a head of a local fire department, 1 of whom shall be an expert in commercial building energy efficiency, 1 of whom shall be an expert in residential building energy efficiency, 1 of whom shall be an expert in advanced building technology, one of whom shall be an inspector of buildings in a town and one of whom shall be an inspector of buildings in a city. Organizations representing the appropriate constituencies shall submit names of persons for appointment as members to the board. Each member shall be appointed for a term of five years, except that in making his initial appointments, the governor shall appoint one member for one year and two members to serve for two, three, four and five years respectively, as he may designate. Any person appointed to fill a vacancy shall serve only for the unexpired term. Any member shall be eligible for reappointment for a second term, but shall not serve more than 10 total years. Any member of the board may be removed by the governor for cause, after being given a written statement of the charges and an opportunity to be heard thereon. No member shall act as a member of the board or vote in connection with any matter as to which his private right, distinct from public interest, is concerned. A majority of the members of the board shall constitute a quorum for the purpose of conducting business, but a lesser number may adjourn from time to time. The board shall keep detailed and accurate minutes of its meetings and shall publish such minutes within 30 days of each meeting. The board shall annually elect a chairman and a vice chairman from its members; provided, however, that no member shall serve as chairman or vice chairman for more than two consecutive years or more than 4 years total. Each member of the board who is not otherwise an employee of the commonwealth shall receive from the commonwealth fifty dollars for each day or portion thereof spent in the performance of his official duties; provided, however, that the total sum paid to any member in any fiscal year shall not exceed three thousand dollars. Each member shall be paid necessary traveling and other expenses incurred in the performance of his duties. The commissioner of the division of occupational licensure or his or her designee, in consultation with the commissioner of energy resources, shall be responsible for the proper administration of the activities of the board and the supervision of the staff thereof. The division may employ such other professional, technical and clerical staff as is deemed necessary to assist the board.

M.G.L. ch. 143, s. 94

Section 94. The board shall have the following powers and duties: (a) To formulate, propose, adopt and amend rules and regulations relating to (i) the construction, reconstruction, alteration, repair, demolition, removal, inspection, issuance and revocation of permits or licenses, installation of equipment, classification and definition of any building or structure and use or occupancy of all buildings and structures and parts thereof or classes of buildings and structures and parts thereof, except bridges and appurtenant supporting structures which have been or are to be constructed by or are under the custody and control of the department of highways, the Massachusetts Department of Transportation, the Massachusetts Bay Transportation Authority, the metropolitan district commission or the Massachusetts Port Authority or for which said agencies have maintenance responsibility; (ii) the rehabilitation and maintenance of existing buildings; (iii) the standards or requirements for materials to be used in connection therewith, including but not limited to provisions for safety, ingress and egress, energy conservation, and sanitary conditions; (iv) the establishment of reasonable fees for inspections, which fees shall be collected and retained by the city or town conducting such inspections. Such rules and regulations, together with any penalties for the violation thereof, as hereinafter provided, shall comprise and be collectively known as the state building code. Whoever violates any provision of the state building code, except any specialized code as described in section ninety-six, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both, for each such violation. Each day during which a violation exists shall constitute a separate offense. (b) To subpoena witnesses, take testimony, compel production of books and records and to hold public hearings. The board may designate one or more of its members to hold special public hearings and report on such hearings to the board. (c) To make a continuing study of the operation of the state building code, and other laws relating to the construction of buildings to ascertain their effect upon the cost of building construction and the effectiveness of their provisions for health, safety, energy conservation and security. (d) To recommend or require tests and approvals and specify criteria and conditions, of materials, devices, and methods of construction, either upon the initiative of the board or at the request of any interested person including, but not limited to, a manufacturer, builder, architect, engineer, inspector of buildings or building commissioner or local or state inspector, in order to ascertain the acceptability of said materials, devices and methods under the requirements of the state building code. The board shall issue certification of such acceptability, which certification shall be binding on all cities and towns. (e) To review, on its own initiative or on the application of any inspector of buildings or building commissioner or of any local or state inspector, any interpretation under the state building code, and to reverse, modify or annul, in whole or in part, such interpretations except with respect to the specialized codes as defined in section ninety-six. (f) To establish an advisory board to be known as the technical code council, to assist in and make recommendations relative to formulation, promulgation and administration of the state building code. Said council shall be convened regularly by the chief of inspections and shall establish its own rules for the conduct of its business. Said council shall include a representative from each state department, commission, agency, board, or division concerned with the state building code, including specialized codes referred to in section ninety-six, and such other members as may be determined by the board. (g) To formulate administrative procedures and promulgate rules and regulations necessary to administer and enforce the state building code. (h) To revise and amend the state building code exclusive of the specialized codes referred to in section ninety-six, at least once every five years, and to send notice, by electronic or other means of such revisions or amendments to each inspector of buildings or building commissioner in every city or town and to each state inspector. (i) To issue licenses to individuals engaged as construction supervisors. Fees for such licenses shall be collected and retained by the commonwealth. (j) To designate and retain, where advisable, certain qualified third party agents to perform screening, testing, or technical services to the board to carry out its mandates. (k) To develop requirements and promulgate regulations for the certification of inspectors of buildings, building commissioners and local inspectors pursuant to section three and to issue a certificate to individuals who meet said requirements. (l) To prepare courses of instruction or approve courses of instruction offered by others for training persons for certification as inspectors of buildings, building commissioners or local inspectors. (m) To develop requirements and approve courses of instruction to be offered by others relative to the continuing education of individuals licensed as construction supervisors. (n) To establish a continuing education advisory council to assist and make recommendations to the board relative to the formulation, promulgation and administration of requirements for the continuing education of individuals licensed as construction supervisors. The council shall consist of: the commissioner of the division of occupational licensure, or his designee; 2 licensed construction supervisors who shall also be members of the Home Builders Association of Massachusetts; 1 licensed construction supervisor who shall also be a member of the eastern Massachusetts chapter of the National Association of the Remodeling Industry; and 3 members to be appointed by the commissioner, 2 of whom shall be certified building inspectors and 1 of whom shall be an instructor in residential construction technology at a public or private college or university. The commissioner shall be chairperson of the council which shall meet regularly and may establish its own rules for the conduct of its business. The members of the council shall not be compensated for their services but shall be reimbursed for travel and other expenses necessary for the performance of their duties. The board may provide technical and clerical assistance to the council. (o) To adopt and fully integrate the latest International Energy Conservation Code and any more stringent amendments thereto as part of the state building code, in consultation with the department of energy resources. The energy provisions of the state building code shall be updated within 1 year of any revision to the International Energy Conservation Code. (p) In consultation with the department of energy resources, to develop requirements and promulgate regulations as part of the state building code for the training and certification of city and town inspectors of buildings, building commissioners and local inspectors regarding the energy provisions of the state building code, and to require that all new construction and any major reconstruction, alteration or repair of residential and non-residential buildings pass inspection by inspectors who have been trained and certified, demonstrating full compliance with the energy provisions of the state building code. (q) In consultation with the department of energy resources, to develop requirements and promulgate regulations as part of the state building code, in addition to the requirements of the latest International Energy Conservation Code, requiring a process to ensure that all new non-residential buildings larger than 10,000 square feet and any major reconstruction, alteration or repair of all such buildings perform as designed with respect to energy consumption by undergoing building commissioning or acceptance testing. Such commissioning must be completed before the issuance of a certificate of occupancy. (r) In consultation with the department of energy resources, professional organizations and other stakeholders, to prepare a report evaluating the advisability of a requirement of periodic commissioning for large non-residential buildings and, if such a requirement is deemed advisable, evaluating possible approaches to periodic commissioning.

M.G.L. ch. 143, s. 96

Section 96. The state building code shall incorporate any specialized construction codes, rules or regulations pertaining to building construction, reconstruction, alteration, repair or demolition promulgated by and under the authority of the various boards which have been authorized from time to time by the general court. For the purposes of this section, ''specialized codes'' shall include, but not be limited to, the specialized stretch energy code developed and promulgated by the department of energy resources, the state plumbing code, electrical code, architectural barriers regulations, fire safety code, fire prevention regulations, sheet metal regulations and elevator regulations.

M.G.L. ch. 143, s. 97

Section 97. Except for the specialized codes, as defined in section ninety-six, which codes shall be amended only by the respective boards, commissions, departments or agencies authorized to do so by law, any person may propose amendments to the state building code. Public hearings shall be held in the city of Boston in May and November of each year, and at such other times and places as the board may determine, to consider petitions for such amendments. Petitions shall be submitted to the board no less than sixty days prior to the public hearing. The subject matter of a petition to be considered shall be indicated in all the required notices. The petitions shall be available for inspection at the office of the board and at the hearing. Any significant changes to the petition shall be the subject of a further public hearing before adoption. Adoption of an amendment to the state building code shall occur upon an affirmative vote by a majority of the members of the board at a regularly convened meeting within ninety days of the final public hearing on the given amendment. The board shall send a copy of any amendments to the state building code which are adopted to each inspector of buildings or building commissioner, as defined by section one of chapter one hundred and forty-three, and to the secretary of the executive office of economic development within 45 days after filing said amendments with the state secretary.

M.G.L. ch. 143, s. 97A

Section 97A. (a) The board of building regulations and standards shall require the owner of any building or structure or portion thereof, that includes a place of business designed or used for occupancy as a nightclub, dance hall, discotheque, bar, or for similar entertainment purposes, with a capacity of 100 persons or more, and which includes 1 or more residential dwellings, to install an adequate system of automatic sprinklers throughout the building including, but not limited to, residential dwellings and in any common areas connected thereto, in accordance with the state building code. This section shall apply to the construction or substantial alteration of buildings or structures, approved by building permit on or after December 1, 2004. This paragraph shall not preclude the board of building regulations and standards from prescribing more stringent sprinkler requirements. (b) Whoever is aggrieved by an interpretation, order, requirement, or direction of the building official under this section, or whoever is aggrieved by a failure of the building official to take action under this section, may, within 45 days after the service of notice of such interpretation, order, requirement, or direction, or after 45 days of such failure to act, appeal from such interpretation, order, requirement, direction, or failure to act to the building code appeals board as provided in section 100 of chapter 143.

M.G.L. ch. 143, s. 98

Section 98. The board of selectmen in a town or the mayor in a city may recommend to the board the adoption of rules and regulations imposing more restrictive standards than those established by the state building code for construction, alteration, repair, demolition, and removal in such a city or town. If the board finds that more restrictive standards are reasonably necessary because of special conditions prevailing within such city or town and that such standards conform with accepted national and local engineering and fire prevention practices, with public safety and with the general purposes of a statewide building code, the board may, after notice to said board of selectmen or mayor, and after a public hearing, adopt rules and regulations, impose conditions in connection with the adoption thereof and terminate such rules and regulations at such time and in such manner as the board may deem necessary, desirable or proper. Notwithstanding the foregoing, a city or town which is not served by a municipal water system may, with the approval of the board, adopt rules and regulations with regard to fire protection systems which are more restrictive than those established by the state building code; provided, however, that if the board does not issue a written decision within forty-five days of receipt of such proposed rules and regulations then they shall be deemed to have been approved by the board.

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)