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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 4

Citation
Section 4
Parent Document
Solomon v. Birger, 477 N.E.2d 137 (1985)
Jurisdiction
Massachusetts (state)
Effective Date
1985-04-22

Full Text

639 chars
[9] The applicable building code is not in the record. There is evidence in the record suggesting that when the house was erected in 1954, the building failed to comply with soil compaction standards prescribed by the code. At the time of the sale to the Solomons, the house was already fourteen years old. Lacking the code provisions, we do not know whether those provisions after a certain period of time bar the building commissioner of Newton from charging a code violation incident to the construction of a house that was built pursuant to a duly issued permit and duly inspected by the Newton building department during construction.