Barnstable, Mass., Code of Bylaws ch 59 § 59-6
Severability; construal of provisions (Barnstable Comprehensive Occupancy)
Operative Text
A. Each provision of this chapter shall be construed as separate. If any part of this chapter shall be held invalid for any reason, the remainder shall continue in full force and effect. B. Nothing herein shall be construed as allowing for more bedrooms in any residential dwelling than are otherwise permitted by any state or local law or regulation governing health and safety.
Barnstable, Mass., Code of Bylaws CH. 59 § 59-6 establishes two structural rules for the chapter as a whole. First, if any individual part of the chapter is found legally invalid, the rest of the chapter remains in effect rather than falling apart entirely. Second, nothing in the chapter can be read as granting permission to exceed bedroom limits set by state or local health and safety laws.
Plain English — not legal advice.
Under CH. 59 § 59-6, operators should understand that the chapter's provisions stand independently, so a legal challenge to one section does not nullify obligations under the others. Importantly, compliant operators do not treat any part of this chapter as a basis for adding bedrooms beyond what health and safety codes already allow. Familiarity with applicable state and local occupancy standards remains essential alongside this chapter's requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
CH. 59 § 59-6 means that even if a landlord or court successfully challenges one part of this chapter, tenants can still rely on the remaining provisions for their protections. The section also makes clear that this chapter cannot be used to justify overcrowded or non-code-compliant bedroom arrangements that would otherwise violate health and safety rules. Tenants who have concerns about occupancy standards or the application of other parts of Chapter 59 may wish to contact a local tenant-rights organization or the relevant municipal office for guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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