Penalty for Hindering Inspector, etc

Sect. 50. Any person who hinders or prevents or attempts to prevent the commissioner of public safety, the chief of inspections of the department or any inspector from entering any building, structure or enclosure or part thereof in the performance of his duty in the enforcement of the laws of the commonwealth relating thereto shall be punished by a fine of not less than fifty nor more than one hundred dollars. (1904, c. 450, Sect. 12; 1908, c. 389, Sect. 2; 1913, c. 655, Sect. 49.]

Penalty for Unlicensed Use as Theatre, Etc

Sect. 52. No person shall occupy or use any building or part thereof as a theatre, special hall, public hall, miscellaneous hall, place of assemblage or place of public resort until a license therefor has been issued by the commissioner of public safety or the mayor of Boston, or a certificate therefor by an inspector or an inspector of the building department of Boston. The certificate of the inspector shall be conclusive evidence of a compliance with sections fifteen to sixty, inclusive, for such use of a hall as he shall set forth in detail in the certificate, and shall be conspicuously posted near the main entrance of the hall. Violations of this section or of the conditions of a license or certificate shall be punished by a fine of not less than twenty-five nor more than one thousand dollars or by imprisonment for not more than one year, and the license or certificate may be revoked.

[1096, c. 105, Sect. 1; 1908, c. 335, Sects. 1, 2; 1910, c. 143; c. 284, Sect. 1; 1913, c. 655, Sects. 39, 51.]

General Penalty

Sect. 53. Whoever, being the owner, lessee or occupant of any building described in section twenty-one or part thereof, violates any provision of sections fifteen to fifty-two, inclusive, for which no other penalty is specifically prescribed shall be punished by a fine of not less than fifty nor more than five hundred dollars.

[1882, c. 266, Sect. 3; 1885, c. 326, Sect. 2; 1888, c. 426, Sect. 12; 1894, c. 382, Sect. 2; c. 481, Sects. 60, 62; R. L. 104, Sects. 55, 56; 1913, c. 655, Sect. 53; 230 Mass. 306.]

Enforcement

Sect. 54. Sections fifteen to fifty-two inclusive, shall, except when otherwise specifically provided, be enforced by the commissioner of public safety, the chief of inspections of the department and inspectors of the division of inspection of the department. The commissioner of public safety shall issue regulations necessary for their uniform enforcement. All sections of this chapter which apply to Boston shall be enforced by the building commissioner.

[1901, c. 166, Sect. 3; R. L. 104, Sect. 46; 1909, c. 514, Sect. 99; 1913, c. 610, Sect. 2; c. 655, Sect. 54.)

Appeal

Sect. 55. Any person aggrieved by an order, requirement or direction of an inspector under any of the preceding sections may, within thirty days after the service thereof, appeal to a judge of the superior court for the county in which the building to which such order, requirement or direction relates is situated for an order forbidding its enforcement; and after such notice as said court shall direct to all parties interested, a hearing may be had before the court at an early and convenient time and place fixed by it; or the court may appoint three disinterested persons, skilled in the subject matter of the controversy, to examine the matter and hear the parties; and the decision of said court, or the written decision under oath of a majority of said experts, filed in the office of the clerk of courts in said county within ten days after such hearing, may alter, annul or affirm such order, requirement or direction. Such decision or a certified copy thereof shall have the same authority, force and effect as the original order, requirement or direction of the inspector. If such decision annuls or alters the order, requirement or direction of the inspector, the court shall order the inspector not to enforce his order, requirement or direction, and in every case the certificate required by law shall thereupon be issued by said court or by said experts.

[1890, c. 438, Sect. 1; 1894, c. 481, Sect. 5; R. L. 104, Sect. 19; 1908, c. 487, Sect. 1; 1913, c. 655, Sect. 55; 1917, c. 156, Sect. 2; 228 Mass. 368.]

Fees for Experts

Sect. 56. The court may award reasonable compensation to such experts, to be paid by the county in which the application for an order of the court was made, if the order, requirement or direction of the inspector is altered or annulled, otherwise by the applicant. If the order, requirement or direction of the inspector is affirmed by the court or the experts, costs shall be taxed against the applicant as in civil cases, and shall be paid into the treasury of the said county.

[1890, c. 438, Sects. 2, 3; 1894, c. 481, Sects. 6, 7; R. L. 104, Sects. 20, 21; 1908, c. 487, Sect. 2; 1913, c. 655, Sect. 56.]

Restraining Illegal Erection

Sect. 57. The supreme judicial or superior court may, upon the petition of an inspector, or in Boston the building commissioner, temporarily or permanently restrain the erection, construction, alteration, use or occupation of a building, in violation of any provision of sections fifteen to fifty-two, inclusive. [1888, c. 316, Sect. 2; c. 426, Sect. 12; 1893, c. 199, Sect. 2; 1894, c. 382, Sect. 2; c. 481, Sects. 26, 38; R. L. 104, Sects. 51, 53; 1913, c. 655, Sects. 52, 57.]

Concurrent Jurisdiction of Inferior Courts

Sect. 58. District courts shall have jurisdiction concurrently with the superior court of prosecutions and proceedings at law under sections three to fifty-two, inclusive. [1906, c. 105, Sect. 6; 1908, c. 335, Sect. 3; c. 388, Sect. 3; 1913, c. 655, Sect. 58.]

Enforcement of Inspectors' Orders

Sect. 59. The supreme judicial or superior court may, upon the application of the commissioner of public safety, the chief of inspections of the department or any inspector, or in Boston of the building commissioner, enforce, by any suitable process or decree, any provision of sections fifteen to fifty-two, inclusive, and any order or requirement of any person made under authority thereof.