Clarksburg, Mass., Code of Bylaws ch 95 § 95-3
Exception (Clarksburg Rental Dwelling Units)
Operative Text
This bylaw shall not apply to any new rental dwelling unit for which the Town Building Inspector has issued a certificate of occupancy within five years prior to the date of vacancy. If the Board of Health, or its designee, fails to make an inspection of a rental dwelling unit within five working days of the date of the written receipt of the written request for such an inspection by the owner, managing agent or person in charge thereof, such rental dwelling unit may be rented the same as if a certificate of compliance had been issued, and such owner, managing agent or person in charge thereof shall not be in violation of this bylaw for doing so.
Clarksburg, Mass., Code of Bylaws CH. 95 § 95-3 establishes two exceptions to the town's rental dwelling inspection requirement. First, newly constructed units that received a certificate of occupancy within the five years before a vacancy are exempt from the bylaw's requirements. Second, if the Board of Health or its designee does not complete an inspection within five working days of receiving a written inspection request, the unit may be rented as though a certificate of compliance had already been issued, and no violation is incurred for doing so.
Plain English — not legal advice.
Under CH. 95 § 95-3, operators of rental dwelling units generally track the certificate of occupancy date for each unit, since units receiving that certificate within five years before a vacancy fall outside the bylaw's scope. When a unit does not qualify for that exemption, compliant operators submit a written inspection request to the Board of Health and document the date of receipt, because if the Board fails to inspect within five working days, the unit may lawfully be rented without a certificate of compliance and without incurring a violation. Maintaining clear written records of both the occupancy certificate date and any inspection requests supports a straightforward demonstration of compliance with § 95-3.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
CH. 95 § 95-3 means that some rental units in Clarksburg may be rented without a formal certificate of compliance — either because the unit is relatively new or because the Board of Health did not inspect within the required five-working-day window. Tenants who want to understand whether their unit was properly covered by the bylaw's inspection process can ask the landlord or managing agent for documentation of the certificate of occupancy date and any written inspection requests submitted to the Board of Health. Tenant-rights organizations or the Board of Health itself can be useful resources for understanding how § 95-3 applies to a particular rental situation.
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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