MA Gen L ch 143 § 93 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XX - Public Safety and Good Order|Chapter 143 - Inspection and Regulation Of, and Licenses For, Buildings, Elevators and Cinematographs|Section 93 - State Board of Building Regulations and Standards; Establishment

[ First paragraph effective until June 24, 2021. For text effective June 24, 2021, see below.]  Section 93. There is hereby established within the division of professional 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 eleven members, one of whom shall be the state fire marshall, or his designee, one of whom shall be the commissioner of the division of professional licensure or his designee, both of whom shall serve ex-officio and shall be voting members of the board, and nine 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, 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. 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.[ First paragraph as amended by 2021, 8, Secs. 64 to 68 effective June 24, 2021 until July 18, 2021. For text effective until June 24, 2021, see above. For text effective July 18, 2021, see below.]  There is hereby established within the division of professional 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 professional 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.[ First paragraph as amended by 2021, 39, Sec. 95 effective July 18, 2021. For text effective until July 18, 2021, see above.]  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.[ Second paragraph effective until June 24, 2021. For text effective June 24, 2021, see below.]  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.[ Second paragraph as amended by 2020, 338, Sec. 70 effective June 24, 2021. For text effective until June 24, 2021, see above.]  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.[ Third paragraph effective until June 24, 2021. For text effective June 24, 2021, see below.]  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.[ Third paragraph as amended by 2021, 8, Sec. 69 effective June 24, 2021. For text effective until June 24, 2021, see above.]  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.[ Fifth paragraph effective until June 24, 2021. For text effective June 24, 2021, see below.]  The commissioner of the division of professional licensure or his or her designee 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.[ Fifth paragraph as amended by 2021, 8, Secs. 64 to 68 effective June 24, 2021 until July 18, 2021. For text effective until June 24, 2021, see above. For text effective July 18, 2021, see below.]  The commissioner of the division of professional 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.[ Fifth paragraph as amended by 2021, 39, Sec. 95 effective July 18, 2021. For text effective until July 18, 2021, see above.]  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.