Beverly, Mass., Code of Bylaws art vi § 400-6.1

Change of occupancy permits (Beverly BoH Art. VI Housing)

In Force
Verified 11/11/2026 · Next check 2/9/2027
BeverlyInspections, Registration & Licensing

Operative Text

Beverly, Mass., Code of Bylaws art vi § 400-6.1
A. Whenever a rented dwelling unit, apartment, or tenement other than a hotel, motel or rooming house is vacated by the occupant or occupants thereof, or within 10 days before the expiration date of the anticipated vacancy, it must be certified by the Board of Health or its agents prior to being reoccupied by a new occupant as meeting the standards set forth in the Sanitary Code, Chapter II, Minimum Standards of Fitness for Human Habitation, as promulgated and from time to time amended by the Department of Public Health of the Commonwealth of Massachusetts under the authority of MGL c. 111, § 127A . B. After inspection of the vacant premises by the Board of Health or its agents, all public utilities servicing said vacant premises may be ordered turned off by the Board of Health or its agents until such dwelling units, apartments, or tenement is certified as being fit for human habitation. If within 72 hours, excluding Saturdays, Sundays, and holidays, after receipt of written notification of a vacancy from the owner, managing agent, or person in possession, the Board of Health or its agents fail to make an inspection, then the rented dwelling unit, apartment or tenement may be reoccupied without such certification. C. If after inspection of the premises by the Board of Health or its agents, the Board of Health determines that the owner should be given time to make repairs necessary to qualify for certification and the health and safety of any occupant is not thereby endangered, the Board of Health may issue a temporary occupancy permit in increments of 30 days, not to exceed 90 days total. Before any public utilities are ordered shut off, the Board of Health shall give notice in writing to the owner, managing agent, or person in control of the vacant premises that such action is to be taken. D. This regulation shall not apply to new construction which is in compliance with the General Laws of the Commonwealth of Massachusetts and local ordinances pertaining thereto; nor shall it apply to new construction which was completed less than three years prior to the date on which the rented dwelling units, apartment, or tenement becomes vacant. E. Any owner of such property used for dwelling purposes failing to comply with this regulation shall pay a fine of $20 for each and every day he allows any person or persons to live, occupy or inhabit the premises without having received an occupancy permit from the Board of Health.
Source: Legislative text reproduced verbatim
Plain English

Beverly, Mass., Code of Bylaws Art. VI § 400-6.1 establishes a change-of-occupancy inspection requirement for most rented residential units in Beverly, Massachusetts. When a rental unit (excluding hotels, motels, and rooming houses) becomes vacant, it must be inspected and certified by the Board of Health as meeting state Sanitary Code minimum habitability standards before a new tenant moves in. If the Board of Health fails to conduct an inspection within 72 hours (excluding weekends and holidays) of receiving written notice of the vacancy, the unit may be reoccupied without certification. Temporary occupancy permits of up to 30-day increments, not exceeding 90 days total, may be issued when repairs are needed and occupant health and safety is not endangered.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 11, 2026

Plain English — not legal advice.

For Property Managers

Under Beverly, Mass., Code of Bylaws Art. VI § 400-6.1, compliant property owners and managers generally notify the Board of Health in writing of a vacancy at or within 10 days before the anticipated vacancy date, then await inspection and certification before allowing a new occupant to move in. Operators typically track the 72-hour inspection window (excluding Saturdays, Sundays, and holidays) and document receipt of written notification, since reoccupancy without certification is only permissible if the Board fails to inspect within that period. Owners should also be aware that the Board of Health may order public utilities shut off for uncertified vacant units after providing written notice, and that new construction completed less than three years before the vacancy is exempt from this requirement.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Beverly, Mass., Code of Bylaws Art. VI § 400-6.1 gives prospective and incoming tenants a meaningful assurance that a rental unit has been inspected and certified as meeting Massachusetts Sanitary Code habitability standards before they move in. If a tenant believes a landlord allowed reoccupancy without the required Board of Health certification, that potential violation can be raised with the Beverly Board of Health, which is the body responsible for enforcing this provision. Tenants may also wish to consult a local tenant-rights organization or legal aid service to understand how a landlord's failure to obtain certification under § 400-6.1 might affect their rights or serve as a basis for a complaint.

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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Related Rules

§ 14.544
LICENSE REQUIREMENTS
§ 14.545
STANDARDS FOR HEALTH, SAFETY AND NUISANCE PREVENTION
§ 14.546
SANCTIONS AND PENALTIES

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