Construction Supervisor License Practice Exam

If 780 CMR, the Massachusetts State Building Code, conflicts with local zoning bylaws, which takes precedence?

1. 780 CMR takes precedence

2. Local zoning bylaws take precedence

3. 780 CMR takes precedence on everything, except setbacks

4. Local zoning bylaws take precedence, if under the provisions of MGL c143, § 98

The correct answer is: Local zoning bylaws take precedence, if under the provisions of MGL c143, § 98

The Massachusetts State Building Code, referred to as 780 CMR, is designed to establish minimum construction standards that ensure safety and public welfare across the state. However, local zoning bylaws can impose additional restrictions that are specific to the municipality's needs, such as land use, density, setbacks, and height restrictions. Under Massachusetts law, particularly MGL c143, § 98, local zoning bylaws can take precedence over the statewide building code in certain situations. This provision allows municipalities to implement more stringent regulations based on local circumstances, which may not be adequately addressed by the broader statewide code. Therefore, when there is a conflict between 780 CMR and local zoning bylaws, the specific local regulations may prevail, particularly if they are permitted under the stipulations of state law. This ensures that local concerns and characteristics can guide building practices more effectively than a one-size-fits-all state code.