Mass. Gen. Laws ch. 143, sec. 93 — MA Code / Part I / Title XX / Chapter 143 / Section 93
State board of building regulations and standards; establishment
Status: in_force

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.

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.