NEW LAW REQUIRING RESIDENTIAL OIL HEATING SYSTEM UPGRADES 

In the 2008, the Massachusetts Legislature passed a new law, which takes effect on September 30, 2011, relative to upgrades of home heating systems equipment to prevent leaks from tanks and pipes that connect to a furnace.  The new law, G.L. c. 148, Section 38J, as amended, requires that an owner of residential property (defined as 1-4 unit dwellings) must take certain action relative to the installation of an oil safety valve or an oil supply line with a protective sleeve.  

Pursuant to the new law, the Board of Fire Prevention adopted certain regulations, which may be found at 527 CMR 4.04.  Unfortunately, 527 CMR 4.04 does not provide a definition of "residential property".  However, Section 4.04(1)(f) states, "all oil supply and return lines not enclosed with a continuous non-metallic sleeve or equipped with a listed oil safety valve, shall either be replaced and enclosed with a continuous sleeve as for new installation or shall have a listed oil safety valve installed at the tank end of the oil supply line..."

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 SJC CLARIFIES LIEN RIGHTS IN TENANT CONSTRUCTION CASE

The Massachusetts mechanic's lien law, going back more than 100 years, allows contractors to file a lien on a tenancy interest. See G.L.c. 254, §25. There is nothing new in that concept. But a battle is often waged over whether the contractor can also assert a mechanic's lien on the landlord's premises.

A lien against the landlord's interest is typically couched in terms of the "owner's consent" to the tenant construction work, but just as often it is a strategic maneuver mostly to increase the contractor's leverage in its efforts to be paid.

The Supreme Judicial Court recently issued a decision clarifying some of the standards to be applied in assessing the validity of the contractor's claim in that instance. On balance, the decision will be viewed with concern by many landlords and greeted happily by many contractors.

SJC DECISION CREATES UNCERTAINTY FOR CONDOMINIUM OWNERS, BUYERS AND ATTORNEYS