SENATE DOCKET, NO. 696        FILED ON: 1/17/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1192

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

James E. Timilty

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the illegal occupation of a building.

_______________

PETITION OF:

SENATE DOCKET, NO. 696        FILED ON: 1/17/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1192

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand Thirteen

_______________

An Act relative to the illegal occupation of a building.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 148 of the General Laws is hereby amended by inserting after section 34D the following new section:

Section 34E. (a) Any owner, occupant, lessee or other person having control or supervision of any building or structure, or representing that he has control or supervision of any building or structure, who, knowingly, recklessly or negligently, causes or allows said building to be illegally occupied, shall be punished by a fine of not more than $15,000 or by imprisonment in a house of correction for not more than 2 ½ years, or both.

For the purposes of this section, “illegally occupied” shall mean: —

(1) Occupation of any dwelling unit created by formal or informal division or partition within a building or structure without issuance of a proper building permit and certificate of occupancy issued in accordance with the provisions of the State Building Code.

(2)Occupation of a building or structure without a certificate of use or occupancy, temporary certificate of use or a certificate certifying completion of work issued in accordance with the provisions of the State Building Code.

(3) Occupation of any dwelling unit created by formal or informal division or partition of space within a building or structure or occupation of any building or structure, without fully complying with all requirements for the same use group or compliance with the use group or occupying requirements specified in the certificate of occupancy or conditions and part of said certificate issued in accordance with the provisions of the State Building Code.

(4) Occupation of any dwelling unit, building or structure in excess of the load capacity specified or referenced in the certificate of occupancy issued in accordance with the provisions of the State Building Code.

(5) Occupation of any dwelling unit, building or structure with insufficient or blocked or impeded ingress/egress as required by and in accordance with the provisions of the State Building Code.

(6) Occupation of a dwelling unit, building or structure where said dwelling unit building or structure does not contain an adequate fire protection or fire warning system or devices or where such systems or device was disabled or shutoff without the permission of the head of the fire department or not maintained as required by and in accordance with the provisions of the State Building Code, Chapter 148 or State Fire Code.

(7) Occupation of a dwelling unit, building or structure, where such dwelling building or structure does not comply with the required provisions of Chapter 148 or the State Fire Code.

(b) Whoever is convicted of a second or subsequent violation of paragraph (a) shall be punished by a fine of not more than $35,000 or by imprisonment in the state prison for not more than 5 years or in a house of correction for not more than 2 ½ years, or both.