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FIRE CHIEF OF CAMBRIDGE v. ST. BLDG. CODE APP.

No. 91-P-1309.

34 Mass. App. Ct. 381 (1993)

611 N.E.2d 736

FIRE CHIEF OF CAMBRIDGE & another vs. STATE BUILDING CODE APPEALS BOARD; MASSACHUSETTS INSTITUTE OF TECHNOLOGY, intervener.

Appeals Court of Massachusetts, Middlesex.

April 27, 1993.

Attorney(s) appearing for the Case

Birge Albright for the plaintiffs.

Jeffrey Swope (James M. Whalen with him) for Massachusetts Institute of Technology.

Anthony E. Penski, Assistant Attorney General, for State Building Code Appeals Board, was present but did not argue.

Present: ARMSTRONG, KASS, & IRELAND, JJ.

KASS, J.

On the basis of language appearing in G.L.c. 148, § 26B, the fire chief of Cambridge claims exclusive authority to determine what satisfies the requirements of the State Building Code (the Code) for automatic fire warning systems. We conclude, conformably with a decision of the State Building Code Appeals Board (the Board) and the decision of a Superior Court judge on review under G.L.c. 30A, § 14, that the final authority to determine what constitutes...

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