Massachusetts General Laws

Mass. Gen. Laws ch. 143, § 98 (2026)

Rules and regulations imposing more restrictive standards

✓ current as of July 2026
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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.

Notes of Decisions
Cited in 1 case, 2012–2012 · leading case: St. George Greek Orthodox Cathedral of W. Massachusetts, Inc. v. Fire Dep't, 967 N.E.2d 127 (Mass. 2012).
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St. George Greek Orthodox Cathedral of W. Massachusetts, Inc. v. Fire Dep't, 967 N.E.2d 127 (Mass. 2012). · cites it 3× “See G. L. c. 143, § 98. The city, however, did not seek board approval of its ordinance.”
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