Subsection 113.4 - Local and Regional Boards of AppealsPursuant to M.G.L. c. 143, § 100, 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.
113.4.1Review. Any person, including the Building Code Appeals Board, aggrieved by a decision of the local board of appeals, whether or not a previous party to the decision, or any municipal officer or official board of the municipality, may, not later than 45 days after the mailing of the decision of the local board, apply to the Building Code Appeals Board for a hearing de novo, in accordance with 780 CMR 113. All local appeal decisions are to be reviewed by the BBRS.113.4.2Qualifications of Local Board Members. Each member of a local board of appeals established under M.G.L. c. 143, § 100 shall have had at least five years experience in the construction, alteration, repair and maintenance of building and building codes. At least one member shall be a registered structural or civil professional engineer and one member a licensed registered architect.113.4.3Chairman of Local or Regional Board. The board shall select one of its members to serve as chairman and a detailed record of all proceedings shall be kept on file in the building department.113.4.4Absence of Members. During the absence of a member of a local board of appeals for reason of disability or disqualification, the chief administrative officer of the city, region or town shall designate a substitute who shall meet the qualifications as outlined in section 113.0.780 CMR, ch. 1, pt. 2, 113, 113.4
Amended by Mass Register Issue 1532, eff. 10/11/2024.