COMMONWEALTH OF MASSACHUSETTS

MIDDLESEX, COUNTY             STATE BUILDING CODE APPEALS BOARD                           DOCKET No.:
                              
                                             
___________________________________
CHARLES DIRRING                    )
               Plaintiff           )    
          V.                       )    COMPLAINT
                                   )
THE BUILDING INSPECTOR OF THE      )
TOWN OF BILLERICA MASSACHUSETTS,   )
               Defendant           )
___________________________________)


1.   This complaint is required as a result of the Inspector of
Buildings of the Town of Billerica failure to enforce the
provisions of the Laws of the Commonwealth of Massachusetts
regarding the State Building Code.  

2.   This lack of enforcement was most recently illustrated in a
decision received by the Plaintiff on January 9, 1997 where the
Inspector of Buildings refused to act on issues raised in the
Plaintiff's December 21, 1996 letter to the Inspector of
Buildings, concerning 83 Alexander Road, Units #6 and #7,
Billerica Massachusetts.  

3.   This failure to act by the Building Inspector was
subsequently appealed to the Billerica Board of Appeal and a
hearing was held on March 19, 1997 and April 9, 1997 on the
matter.

4.   The Board of Appeal, in its decision of April 23, 1997,
refused to act on any issues related to the State Building Code,
citing a lack of jurisdiction; the Board of Appeals required that
the plaintiff file a appeal with the State Building Code Board of
Appeals under C.M.R. 126.1.  

5.   This failure to act by the Building Inspector continues
unabated up to the day of this filing.

                            PARTIES

6.   The Plaintiff Charles Dirring resides at 86 Alexander Road,
Billerica, Massachusetts, is an abutter to the property in
question, and is an aggrieved party who is and will be directly,
substantially and adversely affected by the total failure of the
Building Inspector to act.

7.   The defendant Billerica Building Inspector is the duly
constituted office of Building Code enforcement of the Town of
Billerica, 365 Boston Road, Billerica, Massachusetts and this
office operates under the direction of Ruthanne Bossi.
                                
                             FACTS

8.   The provisions of the Massachusetts State Building Code
(MSBC) were being violated in the locus of buildings at 77 and 83
Alexander Road, Billerica, Massachusetts and this matter was
first brought to the attention of the Town of Billerica in 1989.  

9.   The Plaintiff has furnished numerous photographs, video
tapes and written evidence of the continuing violations at the
locus of buildings at 77 and 83 Alexander Road, Billerica,
Massachusetts to officials of the Town of Billerica over the past
seven years.  
  
10.  In March of 1995, the Town Administrator advised the
Governor of the Commonwealth of Massachusetts in writing that the
Town was pursuing further remedial actions against a number of
property owners, but remedial actions or results have
consistently been unobservable.

11.  The Plaintiff filed a letter of complaint to the building
inspector on December 24, 1996 requesting an investigation of the
premise of Engineering Lift Truck Service, 83 Alexander Road,
Units 6 & 7, relative to the following Building Code violations: 
     a.   Painting of trucks without spray booth, dust capture
          ventilation & explosion protection.
     b.   Office Space with only one egress point.
     c.   Hazardous materials generation (oil, antifreeze, paint,
          etc.) without effective disposal equipment.            
     d.   Motor vehicle washing without effective disposal
          equipment to capture hazardous materials.
     e.   Building uses consistent with a retail sales operation
          but using a lower standard of performance occupancy
          permit (merely storage). 

12.  A written request on December 24, 1996 was made to the
office of the Building Inspector, by the Plaintiff, to advise the
Plaintiff in writing of all violations identified and the
specific steps that the office of the Building Inspector needs to
take to remedy any violations found.  

13.  The Building Inspector responded in a January 7, 1997 letter
to Plaintiff.  The building inspector made no comment on any
Building Code violations and took no remedial actions. 

14.  The Occupancy Permit Engineering Lift Truck Service, 83
Alexander Road, Units 6 & 7 of an industrial building is for
"Office Use" (Unit 7) and "Storage & Distribution" (Unit 6). 

15.  Engineering Lift Truck Service, 83 Alexander Road, Units 6 &
7 has no Occupancy Permit consistent with the uses of buying,
selling, renting, leasing, repairing or rebuilding motor
vehicles.

16.  This appeal to the Billerica Board of Appeal was global in
nature to cause the Building Inspector and the Board to address
any violations in the industrial land and premises in the locus
of 77 and 83 Alexander Road.

17.  This action was necessary because of the lack of timely and
effective enforcement of the State Building Code.

18.  Town Counsel and two selectmen of the Town of Billerica were
present for the entire March 19, 1997 Billerica Board of Appeal
public hearing regarding this case.

19.  An inspector from the Town of Billerica Building Inspector's
office was present for the entire March 19, 1997 Billerica Board
of Appeal public hearing regarding this case.

20.  No oral or written testimony was provided by the office of
Building Inspector, Town Counsel, or members of the Board of
Selectmen present, at the March 19, 1997 Billerica Board of
Appeal public hearing.

21.  The Plaintiff submitted oral and written testimony at the
Billerica Board of Appeal public hearing of March 19, 1997.

22.  No other party provided oral or written testimony at the
March 19, 1997 Billerica Board of Appeal public hearing.

23.  The Billerica Board of Appeal asked no questions of the
Plaintiff after providing oral and written testimony regarding
the substance of the case at the March 19, 1997 public hearing.

24.  Evidence has been furnished by the Plaintiff to the Board
and is on file in the Building Inspector's office and/or the
Board's office regarding Lift Truck Service, 83 Alexander Road,
Units 6 & 7, to wit:

     a.   The December 24, 1996 letter of complaint letter to the
          Building Inspectors.
  
     b.   A determination by the State Building Inspector's
          Office that a "...fork lift vehicle..." was a "...land
          motor vehicle..." thus is a motor vehicle use. 

     c.   A Town of Billerica Occupancy Permit for Unit 6
          identifying that it was only for "Storage and
          Distribution" 

     d.   A Town of Billerica Occupancy Permit for Unit 7 was
          only for "Office Space".

     e.   A determination by the State Building Inspector's
          Office that the Occupancy Permit for Units 6 and 7 as
          representing a "...life threaten to the occupants...".
     
     f.   A determination by the State Building Inspector's
          Office that the Occupancy Permit for Units 6 and 7 that
          identified access/egress violations

     g.   A determination by the State Building Inspector's
          Office that the Occupancy Permit for Units 6 and 7 that
          the premises " . . . violate the non-combustible
          construction classification . . ." and violation of
          occupancy permit requirements.

     h.   A determination by the Department of Environmental
          Protection's Office that identifies the lack of
          effective hazardous materials collection equipment
          "proper and lawful management and disposal of all oil
          and hazardous waste".

25.  The Billerica Board of Appeal voted without discussion to
deny any relief on April 9, 1997.

26.  The Billerica Board of Appeal advised the Plaintiff at the
April 9, 1997 public hearing that written materials were
submitted by the Building inspector's office two days prior to
the March 19, 1997 public hearing, but the Board of Appeal
refused the plaintiff access to these public records.

27.  The written materials submitted by the office of the
Building Inspector were never read into the official record of
proceedings or adopted by the Board of Appeal as evidence.

28.  Even though there was no discussion among the Billerica
Board of Appeal members, their decision contained five detailed
and specific recommendations for denial.

                         RELIEF SOUGHT

29.  That a thorough inspection of the property of Engineering
Lift Truck Service, 83 Alexander Road, Units 6 & 7, Billerica,
Massachusetts, be made forthwith and without delay.

30.  That inspection of the property of Engineering Lift Truck
Service, 83 Alexander Road, Units 6 & 7, Billerica,
Massachusetts, be accomplished by an inspector appointed by the
State Building Code Appeals Board.

31.  To include any other new violations that are observed in
this exercise and accept any new evidence submitted to the State
Building Code Appeals Board regarding the premises of Engineering
Lift Truck Service, 83 Alexander Road, Units 6 & 7, Billerica,
Massachusetts.

32.  That a written report of any violations observed at
Engineering Lift Truck Service, 83 Alexander Road, Units 6 & 7,
be produced, including specifically the steps required to remedy
any violations and a definitive remedial timetable, with non-compliance
penalties.
  
33.  That "Cease and Desist Orders" be implemented forthwith and
without delay where violation(s) at Engineering Lift Truck
Service, 83 Alexander Road, Units 6 & 7, Billerica,
Massachusetts, are observed.

34.  That fines, penalties and/or sanctions be sought, where
violations at Engineering Lift Truck Service, 83 Alexander Road,
Units 6 & 7, Billerica, Massachusetts, can be documented.  

35.  That sanctions and/or penalties be sought against the Town
of Billerica, Massachusetts, and its culpable agents, for failure
to enforce the provisions of the State Building Code, where
appropriate.  

WHEREFORE the Plaintiff request this Honorable State Building
Code Appeals Board to:

     a.   Require the State Building Code be enforced.

     b.   Grant such relief as is just and proper.

     c.   Impose sanctions and penalties where appropriate.

Signed under the pains and penalties of perjury:


                                   _____________________________
                                   Charles Dirring, Plaintiff
                                   
                         Address:  86 Alexander Road
                                   Billerica, Massachusetts 01821

                         Dated:    ______________________   

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