Falmouth, Mass., Code of Bylaws ch 172 § 172-7
Variances (Falmouth Rental Property)
Operative Text
The Board of Health on petition of a property owner, may vary any provision of this chapter if, in its opinion, strict application of the chapter would constitute a manifest injustice and would not materially affect the safety or well-being of the occupants.
Under Falmouth, Mass., Code of Bylaws CH. 172 § 172-7, the Board of Health has discretionary authority to grant a variance from any requirement in Chapter 172 when a property owner formally petitions for one. A variance may be approved only if the Board finds that rigidly enforcing the rule would create a clear and serious unfairness and that relaxing the requirement would not put occupants' safety or well-being at risk. Both conditions must be satisfied; meeting only one is not sufficient for approval.
Plain English — not legal advice.
CH. 172 § 172-7 provides a formal relief mechanism for property owners who believe that strict compliance with a Chapter 172 requirement would produce an unreasonable hardship in their particular circumstances. Operators who pursue this path generally submit a written petition to the Falmouth Board of Health, clearly articulating why rigid application would constitute a manifest injustice and demonstrating that a variance would not compromise occupant safety or well-being. Maintaining documentation that supports both prongs of the Board's analysis is a common practice among owners who seek this type of relief.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
CH. 172 § 172-7 gives the Falmouth Board of Health the power to waive certain housing requirements, but only when doing so would not materially affect the safety or well-being of occupants — meaning tenant welfare is built into the standard the Board must apply. Tenants who learn that a landlord has petitioned for a variance, or that one has been granted, may attend Board of Health proceedings, which are generally open to the public, and present relevant information about how the provision affects their living conditions. Local tenant-rights organizations can help tenants understand how the variance process works and what avenues exist for raising concerns.
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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