*************************************
           * THE COMMONWEALTH OF MASSACHUSETTS *
           *    DEPARTMENT OF PUBLIC HEALTH    *
           *                                   *
           *        STATE SANITARY CODE        *
           *         MINIMUM STANDARDS         *
           *************************************


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KITCHENS

410.100:  Kitchen Facilities

(A)  Every dwelling unit, and every rooming house where common
     cooking facilities are provided, shall contain suitable
     space to store, prepare and serve foods in a sanitary
     manner. The owner shall provide within this space:

     (1)  A kitchen sink of sufficient size and capacity for
          washing dishes and kitchen utensils; and
     
     (2)  a stove and oven in good repair (see 105 CMR 410.351)
          except and to the extent the occupant is required to do
          so under a written letting agreement; and
     
     (3)  space and proper facilities for the installation of a
          refrigerator

(B)  The facilities required in Regulation 105 CMR 410.100(A)
     shall have smooth and impervious surfaces and be free from
     defects that make them difficult to keep clean, or creates
     an accident hazard.

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BATHROOM FACILITIES

Section

410.150:  Washbasins, Toilets, Tubs and Showers
410.151:  Shared Facilities
410.152:  Privies and Chemical Toilets Prohibited; Exceptions
410.180:  Potable Water
410.190:  Hot Water
410.200:  Heating Facilities Required
410.201:  Temperature Requirements
410.202:  Venting


410.150:  Washbasins, Toilets, Tubs, and Showers

The owner shall provide no less than the following:

(A)  For each dwelling unit:

     (1)  A toilet with a toilet seat in a room which is not used
          for living, sleeping, cooking or eating purposes and
          which affords privacy to a person within said room.
     
     (2)  A wash basin in the same room as the toilet, or if the
          wash basin cannot be placed in the same room as the
          toilet, it shall be placed in close proximity to the
          door leading directly into the room in which the toilet
          is located. The kitchen sink may not be substituted for
          the wash basin required in 105 CMR 410.150(A).
     
     (3)  A bathtub or shower in the same room as the toilet or
          in another room which is not used for living, sleeping,
          cooking or eating purposes and which affords privacy to
          a person within said room.
     
     (4)  Each room which contains a toilet, bathtub or shower
          shall be fitted with a door which is capable of being
          closed.

(B)  For no more than eight occupants of rooming units and
     rooming houses who are not otherwise provided with these
     facilities, in a room not used for living, sleeping, cooking
     or eating purposes and which affords privacy to a person
     within said room:

     (1)  One toilet with a toilet seat and wash basin in the
          same room; provided that where more than one toilet is
          required in any toilet room used exclusively by males,
          urinals may be substituted for up to one-half of the
          total number of toilets required, on the basis of one
          urinal substituted for one toilet; and
     
     (2)  One shower or bathtub in the same room as the toilet
          and wash basin or in another room not used for living,
          sleeping, cooking or eating purposes and which affords
          privacy to a person within said room.
     
     (3)  In a room with more than one toilet, each toilet shall
          be separated by walls or partitions which afford
          privacy.

(C)  Toilet, bathtub and shower facilities as required in 105 CMR
     410.150(A) and 410.150(B) shall be accessible from within
     the building and shall be so placed as not to require
     passing through any part of another dwelling unit or rooming
     unit.

(D)  The fixtures as required in 105 CMR 410.150(A) and
     410.150(B) shall have smooth and impervious surfaces and be
     free from defects which make them difficult to keep clean,
     or create an accident hazard.


410.151:  Shared Facilities

The owner of any dwelling in which any toilet, wash basin, shower
or bathtub is to be shared by the occupants of more than one
dwelling unit or one rooming unit is responsible for and shall
exercise reasonable care in maintaining that toilet, wash basin,
shower or bathtub in a clean and sanitary condition, which shall
include the cleaning of the fixture at least once every twenty-
four hours.


410.152:  Privies and Chemical Toilets Prohibited; Exceptions

No privy or chemical toilet shall be constructed or continued in
use; provided that the board of health may approve in writing the
construction or continued use of any privy or chemical toilet
which it determines will not (a) endanger the health of any
person; or (b) cause objectionable odors or other undue
annoyance. When so approved, a privy or chemical toilet may,
subject to written authorization of the board of health in
accordance with Title 5 of the State Environmental Code, qualify
as a toilet within the requirements of 105 CMR 410.150(A) (see
CMR 410.840). In no event may a privy be located within 30 feet
of any building used for sleeping or eating, or of any lot line
or street.


410.180:  Potable Water

The owner shall provide for the occupant of every dwelling,
dwelling unit, and rooming unit a supply of water sufficient in
quantity and pressure to meet the ordinary needs of the occupant,
connected with the public water supply system, or with any other
source that the board of health has determined does not endanger
the health of any potential user. (See 105 CMR 410.350 through
410.352). Examination of the water system shall include an
examination of the plumbing system and its actual performance. If
possible, such examination shall occur at the times and under
such conditions as the occupant has identified the system as
being insufficient.


410.190:  Hot Water

The owner shall provide and maintain in good operating condition
the facilities capable of heating water. The owner shall also
supply the hot water for use at a temperature of not less than
110 degrees Fahrenheit (43 degrees C) and in a quantity and
pressure sufficient to satisfy the ordinary use of all plumbing
fixtures which normally need hot water for their proper use and
function, unless and to the extent the occupant is required to
provide fuel for the operation of the facilities under a written
letting agreement. The hot water shall not exceed 130 degrees
Fahrenheit (54 degrees C). Inspection of the hot water system
shall include an examination of the hot water system and its
actual performance. If possible, such examination shall occur at
the times and under such conditions as the occupant has
identified the system to be insufficient.


410.200:  Heating Facilities Required

(A)  The owner shall provide and maintain in good operating
     condition the facilities for heating every habitable room
     and every room containing a toilet, shower or bathtub to
     such temperature as required under 105 CMR 410.201.

(B)  Portable space heaters, parlor heaters, cabinet heaters,
     room heaters and any similar heaters having a barometric fed
     fuel control and its fuel supply tank located less than
     forty-two inches from the center of the burner as well as
     the type of heating appliance adapted for burning kerosene,
     range oil or number one fuel oil and any portable wick type
     space heaters shall not be used and shall not meet the
     requirements of 105 CMR 410.200. (See M.G.L. c. 148, ss. 5A
     and 25B.)


410.201:  Temperature Requirements

The owner shall supply heat in every habitable room and every
room containing a toilet, shower, or bathtub to at least 68
degrees Fahrenheit (20 degrees C) between 7:00 a.m. and 11:00
p.m. and at least 64 degrees Fahrenheit (17 degrees C) between
11:01 p.m. and 6:59 a.m. every day other than during the period
from June fifteenth to September fifteenth, both inclusive, in
each year except and to the extent the occupant is required to
supply the fuel under a written letting agreement. The
temperature shall at no time exceed 78 degrees Fahrenheit (25
degrees C) during the heating season. The temperature may be read
and the requirement shall be met at a height of five feet (1.5m)
above floor level on a wall any point more than five feet (1.5m)
from an exterior wall.


410.202:  Venting

Space heaters and water heaters, except electrical ones, shall be
properly vented to a chimney or vent leading to the outdoors.

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LIGHTING AND ELECTRICAL FACILITIES

Section

410.250:  Habitable Rooms Other than Kitchen--Natural Light and
          Electrical Outlets
410.251:  Kitchen Lighting and Electrical Outlets
410.252:  Bathroom Lighting and Electrical Outlets
410.253:  Light Fixtures Other than in Habitable Rooms or
          Kitchens
410.254:  Light in Passageways, Hallways, and Stairways
410.255:  Amperage
410.256:  Temporary Wiring
410.257:  Light Obstructions
410.258:  Exemptions of Dwellings More than 600 Feet from
          Electrical Service


410.250:  Habitable Rooms Other than Kitchen--Natural Light and
          Electrical Outlets

The owner shall provide for each habitable room other than a
kitchen:

(A)  transparent or translucent glass which admits light from the
     outdoors and which is equal in area to no less than 8
     percent of the entire floor area of that room.

(B)  two separate wall-type convenience outlets, or one such
     outlet and one electric light fixture. The outlets shall be
     placed in practical locations and shall insofar as
     practicable, be on different walls and at least 10 feet
     apart. (See 105 CMR 410.351).


410.251:  Kitchen Lighting and Electrical Outlets

The owner shall provide for each kitchen:

(A)  one electric light fixture

(B)  two wall-type convenience outlets located in convenient
     locations; and

(C)  For each kitchen over 70 square feet, transparent or
     translucent glass which admits light from the outdoors and
     which is equal in area to no less than 8 percent of the
     entire floor area of that kitchen.


410.252:  Bathroom Lighting and Electrical Outlets

(A)  The owner shall provide in each room containing a toilet,
     bathtub, or shower one electric light fixture. [See 105 CMR
     410.150(A)(1) and 410.150(B).]


410.253:  Light Fixtures Other than in Habitable Rooms or
          Kitchens

(A)  The owner shall provide and so locate electric light
     switches and fixtures in good working order so that
     illumination may be provided for the safe and reasonable use
     of every laundry, pantry, foyer, hallway, stairway, closet,
     storage place, cellar, porch, exterior stairway and
     passageway.

(B)  The owner shall provide working incandescent light bulbs or
     fluorescent tubes in all required light fixtures in all
     common areas of any dwelling.


410.254:  Light in Passageways, Hallways, and Stairways

(A)  The owner shall at all times provide and pay for, except as
     allowed in 105 CMR 410.254(B), light in every part of all
     interior passageways, hallways, and stairways used or
     intended for use by the occupants of more than one dwelling
     unit or rooming unit so that illumination alone in
     conjunction with natural lighting, shall be at least 3 foot
     candles, measured at floor level.

(B)  In a dwelling containing only three or fewer dwelling units,
     the light fixtures used to illuminate a common hallway my be
     wired to the electric service serving a dwelling unit on the
     same floor provided that if the occupant of such dwelling
     unit is responsible for paying for the electric service to
     such dwelling unit, then

     (1)  the rental agreement shall state that the occupant is
          responsible for paying the light in the common hallway;
          and
     
     (2)  the owner shall so notify the occupants of the other
          dwelling units.


410.255:  Amperage

The electrical service supplying each dwelling, dwelling unit,
rooming house and/or rooming unit shall provide sufficient
amperage to meet the reasonable needs of the occupants. Should
the amperage be determined to be inadequate it shall be corrected
so that it meets the amperage requirements of 527 CMR 12.00, the
Massachusetts Electrical Code.


410.256:  Temporary Wiring

No wiring shall lie under a rug or other floor covering, nor
shall any extend through a doorway or other opening in a
structural element. No temporary wiring shall be used or made
available for use by any owner or occupant; provided, that
extension cords which connect portable electric appliances or
fixtures to convenience outlets shall not be considered temporary
wiring.


410.257:  Light Obstructions

If any light obstructing structure is located less than 3 feet
from the outside of and extends to a level above the lower level
of the transparent or translucent glass required by 105 CMR
410.250(A) and 410.251(C), that portion so obstructed shall not
be included as contributing to the required minimum total glass
area.


410.258:  Exemption of Dwellings More than 600 Feet from
          Electrical Service

The provision of 105 CMR 410.250 through 410.257 regarding the
furnishing of electrical facilities shall apply only if a source
of electricity is available from power lines within 600 feet of
the dwelling.

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VENTILATION

Section

410.280:  Natural and Mechanical Ventilation
410.281:  Ventilation Shut-off


410.280:  Natural and Mechanical Ventilation

The owner shall provide for each habitable room, and room
containing a toilet, bathtub or shower, ventilation to the
outdoors consisting of:

(A)  windows, skylights, doors or transoms in the exterior walls
     or roofs that can be easily opened to a minimum of 4 percent
     of the floor area of that habitable room or room containing
     a toilet, bathtub or shower, provided, that a skylight which
     if open exposes the interior of the dwelling to direct
     rainfall shall not satisfy this requirement; or

(B)  Mechanical ventilation capable of exhausting air at the
     following rates:

Occupancy Classification           Required Air Changes Per Hour

Habitable rooms other than                   2
bath, toilet or shower rooms

Bath, toilet or shower rooms                 5


410.281:  Ventilation Shut-off

Each mechanical ventilation system required by 105 CMR 410.280(B)
shall be equipped with an readily accessible means for either
shut-off or volume reduction, and any other ventilation system
shall be equipped with a readily accessible means for shut-off.
(see 105 CMR 410.351.)

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SEWAGE DISPOSAL

Section

410.300:  Sanitary Drainage System Required


410.300:  Sanitary Drainage System Required

The owner shall provide each dwelling with a sanitary drainage
system connected to the public sewerage system, provided, that
if, because of distance or ground conditions, connection to a
public sewerage system is not practicable, the owner shall
provide, and shall maintain in a sanitary condition, a means of
sewage disposal which is in compliance with Title 5 of the State
Environmental Code (310 CMR 15.00). (See 105 CMR 410.840)

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INSTALLATION AND MAINTENANCE OF FACILITIES

Section

410.350:  Plumbing Connections
410.351:  Owner's Installation and Maintenance Responsibilities
410.352:  Occupant's Installation and Maintenance
          Responsibilities
410.353:  Asbestos Material Used as Insulation or Covering on
          Pipes, Boilers or Furnaces
410.354:  Metering of Electricity and Gas


410.350:  Plumbing Connections

(A)  Every required kitchen sink, wash basin and shower or
     bathtub shall be connected to the hot and cold water lines
     of the water distribution system (See 105 CMR 410.180) and
     to a sanitary drainage system (See 105 CMR 410.300) in
     accordance with accepted plumbing standards.

(B)  Every provided toilet shall be connected to the water
     distribution system (See 105 CMR 410.180) and to a sanitary
     drainage system (See 105 CMR 410.300) in accordance with
     accepted plumbing standards.


410.351:  Owner's Installation and Maintenance Responsibilities

The owner shall install in accordance with accepted plumbing,
gasfitting and electrical wiring standards, and shall maintain
free from leaks, obstructions or other defects, the following:

(A)  all sinks, washbasins, bathtubs, showers, toilets,
     waterheating facilities, gas pipes, heating equipment, water
     pipes, owner installed stoves and refrigerators, catch
     basins, drains, vents and other similar supplied fixtures;
     the connections to water, sewer and gas lines; the
     subsurface sewage disposal system, if any; all electrical
     fixtures, outlets and wiring, and all heating and
     ventilating equipment and appurtenances thereto; and

(B)  all owner-installed optional equipment, including but not
     limited to, refrigerators, dishwashers, clothes washing
     machines and dryers, and garbage grinders.


410.353:  Asbestos Material Used as Insulation or Covering on
          Pipes, Boilers or Furnaces

(A)  Every owner shall maintain all asbestos material which is
     used as insulation or covering on a pipe, boiler or furnace,
     in good repair, and free from any defects such as holes,
     cracks, tears, or looseness which may allow the release of
     asbestos dust or which may allow the release of any
     powdered, crumbled or pulverized asbestos material. Every
     owner shall correct any violation of 105 CMR 410.353 by:
     repairing the asbestos material in accordance with 105 CMR
     410.353(B), or by enclosing the asbestos material in
     accordance with 105 CMR 410.353(C), or by removing the
     asbestos material in accordance with 105 CMR 410.353(D).

(B)  If, in order to correct a violation of 105 CMR 410.353(A),
     the owner chooses to repair asbestos material, the owner may
     utilize any repair method provide that such repair method

     (1)  Is approved by the board of health or its agent as
          suitable for the particular defects being repaired, and
     
     (2)  Results in the elimination of all defects which may
          allow the release of asbestos dust or which may allow
          the release of any powdered, crumbled or pulverized
          asbestos material. Any paint, patching compound,
          fiberglass material, and any product intended by the
          manufacturer for the repair of asbestos material shall
          be mixed and/or applied according to the manufacturer's
          instructions or specifications.

(C)  If, in order to correct a violation of 105 CMR 410.353(A),
     the owner chooses to enclose asbestos material, the owner
     may utilize any method of enclosure provided that the
     completed enclosure prevents the release of asbestos dust
     and prevents the release of any powdered, crumbled, or
     pulverized asbestos material. Any panel, board, door or
     plate which may be easily opened or removed, including a
     drip ceiling with removable panels, or which may be opened
     or removed in the course of routine maintenance of the
     dwelling or of any fixture or equipment in the dwelling,
     shall not be considered a suitable enclosure.

(D)  If, in order to correct a violation of 105 CMR 410.353(A),
     the owner chooses to remove asbestos material, the owner
     shall submit an asbestos removal plan to the board of
     health. The plan shall include a description of the
     location, nature, scope and method of removal, the measures
     that will be taken to prevent the escape of asbestos
     material and to protect persons engaged in the removal work,
     the place and method of disposal of asbestos material, and
     the name of the remover (if other than the owner). No
     removal work shall commence before the removal plan has been
     approved by the board of health. During any removal work:

     (1)  Asbestos material shall be thoroughly wetted so as to
          prevent the release of any dust emissions.
     
     (2)  Asbestos material which has been removed shall be kept
          thoroughly wetted until it has been disposed of in a
          disposal facility approved by the Department of
          Environmental Quality Engineering.
     
     (3)  Access to areas in which asbestos removal work is
          taking place shall be limited to persons actually
          engaged in or supervising such work and to
          representatives of the board of health or other
          governmental agencies authorized by law to enter the
          premises.
     
     (4)  Areas is which asbestos removal work is taking place
          shall be sealed to prevent the release of asbestos dust
          or powdered, crumbled, or pulverized asbestos material
          into other parts of the building or to the outdoors.
          Such sealing may be accomplished by taping cracks
          around doors and windows, and using an impervious
          material such as polyethylene sheeting to seal areas
          which cannot be sealed by closing and taping doors and
          windows.
     
     (5)  Person(s) working, supervising or inspecting within an
          area in which asbestos material is being removed shall
          wear respirators approved by the National Institute for
          Occupational Safety and Health as safe for the
          concentration of asbestos dust present.
     
     (6)  Person(s) working or supervising within an area in
          which asbestos is being removed shall wear either
          disposable overalls or outer garments which will be
          stored until laundered, and laundered separately from
          other clothing.
     
     (7)  All pieces of furniture, equipment and other items in
          the work area which can be readily moved shall be
          removed from the work area prior to commencing asbestos
          removal work. Items which cannot be readily moved, and
          from which it will be difficult to clean asbestos dust
          after removal work, shall be covered and sealed with
          impervious material such as polyethylene sheeting and
          tape.
     
     (8)  A sign or signs shall be placed outside each entrance
          to the work area. Such signs shall state: "Warning,
          Asbestos Work in Progress - Authorized Persons Only."
     
     (9)  No asbestos material shall be dropped or thrown from
          one story to a lower story.
     
     (10) After removal work the work area shall be thoroughly
          cleaned of remaining asbestos material and asbestos
          dust. If a vacuum cleaner is used, it shall only be one
          which is rated for asbestos dust. All surfaces in the
          work area shall be wet-wiped or wet-mopped sufficiently
          to remove remaining asbestos dust.

(E)  If, because of the condition, location, height or
     accessibility of asbestos material, it appears that despite
     repair in accordance with 105 CMR 410.353(B), damage or
     defects to the asbestos material in violation of 105 CMR
     410.353(A), are likely to recur through normal or expected
     use and occupancy of the dwelling, the board of health may
     order the owner to either enclose the asbestos material in
     accordance with 105 CMR 410.353(C), or remove the asbestos
     material in accordance with 105 CMR 410.353(D).

(F)  Any person who removes asbestos material used as insulation
     on a pipe, boiler, or furnace in the course of removing or
     repairing such pipe. boiler, or furnace, or who removes such
     asbestos material for any other reason, shall comply with
     the requirements of 105 CMR 410.353(D).

(G)  If any person chooses to remove any material used as
     insulation or covering on a pipe, boiler, or furnace such
     person shall either:

     (1)  Determine that the insulating material is not asbestos
          material; or
     
     (2)  Assume that the insulating material is asbestos
          material and remove it only in compliance with 105 CMR
          410.353(D).


410.354:  Metering of Electricity and Gas

(A)  The owner shall provide and pay for the electricity and gas
     used in each dwelling unit unless

     (1)  Such gas or electricity is metered through a meter
          which serves only dwelling unit, except as allowed by
          105 CMR 410.254(B); and
     
     (2)  The rental agreement provides for payment by the
          occupant

(B)  If the owner is required by this Chapter or by a rental
     agreement consistent with this Chapter, to pay for the
     electricity or gas used in a dwelling unit, then such
     electricity or gas may be metered through meters which serve
     more than one dwelling unit.

(C)  If the owner is not required to pay for the electricity or
     gas used in a dwelling unit, then the owner shall install
     and maintain wiring and piping so that any such electricity
     or gas used in the dwelling unit is metered through meters
     which serve only such dwelling unit.

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SPACE AND USE

Section

410.400:  Minimum Square Footage
410.401:  Ceiling Height
410.402:  Grade Level


410.400:  Minimum Square Footage

(A)  Every dwelling unit shall contain at least 150 square feet
     of floor space for its first occupant, and at least 100
     square feet of floor space for each additional occupant, the
     floor space to be calculated on the basis of total habitable
     room area.

(B)  In a dwelling unit, every room occupied for sleeping
     purposes by one occupant shall contain at least 70 square
     feet of floor space; every room occupied for sleeping
     purposes by more than on occupant shall contain at least 50
     square feet of floor space for each occupant.

(C)  In a rooming unit, every room occupied for sleeping purposes
     by on occupant shall contain at least 80 square feet of
     floor space; every room occupied for sleeping purposes by
     more than one occupant shall contain at least 60 square feet
     for each occupant.


410.401:  Ceiling Height

(A)  No room shall be considered habitable if more than three-
     quarters of its floor area has a floor to ceiling height of
     less than 7 feet.

(B)  In computing total floor area for the purpose of determining
     maximum permissible occupancy, that part of the floor area
     where the ceiling height is less than 5 feet shall not be
     considered.


410.402:  Grade Level

No room or area in a dwelling may be used for habitation if more
than one-half of its floor-to-ceiling height is below the average
grade of the adjoining ground and is subject to chronic dampness.

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TEMPORARY HOUSING

Section

410.430:  Temporary Housing Allowed Only with Board of Health
          Permission
410.431:  Any exceptions to Minimum Standards Must Be Specified


410.430:  Temporary Housing Allowed Only with Board of Health
          Permission

No temporary housing may be used except with the written
permission of the board of health.


410.431:  Any Exceptions to Minimum Standards Must Be Specified

All temporary housing shall be subject to the requirements of
these minimum standards, except as the board of health may
provide in its written permission. (See 105 CMR 410.840.)

*****************


EXITS

Section

410.450:  Means of Egress
410.451:  Egress Obstructions
410.452:  Safe Condition


410.450:  Means of Egress

Every dwelling unit, and rooming unit shall have as many means of
exit as will allow for the safe passage of all people in
accordance with 780 CMR 104.0, 105.1, and 605.0 of the
Massachusetts State Building Code.


410.451:  Egress Obstructions

No person shall obstruct any exit or passageway. The owner is
responsible for maintaining free from obstruction every exit used
or intended for use by occupants of more than one dwelling unit
or rooming unit. The occupant shall be responsible for
maintaining free from obstruction all means of exit leading from
his unit and not common to the exit of any other unit.


410.452:  Safe Condition

The owner shall maintain all means of egress at all times in a
safe, operable condition. All exterior stairways, fire escapes,
egress balconies and bridges shall be kept free of snow and ice.
All corrodible structural parts thereof shall be kept painted or
otherwise protected against rust and corrosion. All wood
structural members shall be treated to prevent robbing and
decaying. Where these elements tie directly into the building
structural system, all joints shall be sealed to prevent water
from damaging or corroding the structural element.

*****************


SECURITY

Section

410.480:  Locks
410.481:  Posting of Name of Owner
410.482:  Smoke Detectors
410.483:  Auxiliary Emergency Lighting Systems, and Exit Signs


410.480:  Locks

(A)  Every dwelling shall be capable of being reasonable secured
     against unlawful entry.

(B)  Every entry door of a dwelling shall be capable of being
     reasonable secured from unlawful entry and shall be properly
     fitted with an operating locking device.

(C)  The main entry door of a dwelling containing more than three
     dwelling units shall be so designed or equipped so as to
     close and lock automatically with a lock, including a lock
     with an electrically-operated striker mechanism, a self-
     closing door and associated equipment. Every door of the
     main common entryway and every exterior door into said
     dwelling, other than the door of such main common entryway
     which is equipped as provided in the preceding sentence
     shall be equipped with an operating lock. (M.G.L. c. 143,
     s.3R)

(D)  Every entry door of a dwelling unit shall be capable of
     being reasonably secured from unlawful entry and shall be
     fitted with an operating locking device.

(E)  Every openable exterior window of a dwelling shall be
     capable of being reasonably secured and shall be fitted with
     an operating locking device.


410.481:  Posting of Name of Owner

An owner of a dwelling which is rented for residential use, who
does not reside therein and who does not employ a manager or
agent for such dwelling who resides therein, shall post and
maintain or cause to be posted and maintained on such dwelling
adjacent to the mailboxes for such dwelling or elsewhere in the
interior of such dwelling in a location visible to the residents
a notice constructed or durable material, not less than twenty
square inches in size, bearing his name, address and telephone
number. If the owner is a realty trust or partnership, the name,
address and telephone number of the managing trustee or partner
shall be posted. If the owner is a corporation, the name, address
and telephone number of the president of the corporation shall be
posted. Where the owner employs a manager or agent who does not
reside in such dwelling, such manager or agent's name, address
and telephone number shall also be included in the notice. (See
M>G>L> c. 143, s. 3S.)


410.482:  Smoke Detectors

The owner of every dwelling that is required by any provision of
the Massachusetts General Laws to be equipped with smoke
detectors shall provide and maintain all such required smoke
detectors in compliance with such provision and with any
applicable regulation of the State Board of Fire Prevention
Regulations or of the State Fire Marshall. The board of health
shall immediately notify the fire prevention official of the
local fire department of any violation of 105 CMR 410.482 which
is observed during an inspection of any dwelling. If any dwelling
is found by the local fire department to be adequately equipped
with smoke detectors, the board of health shall not be authorized
by 105 CMR 410.482 to impose any additional or differing smoke
detector requirement beyond that which has been found sufficient
by the local fire department.


410.483:  Auxiliary Emergency Lighting Systems and Exit Signs

The owner of every multiple dwelling of ten or more dwelling
units shall equip such dwelling with an auxiliary emergency
lighting system independent of the conventional lighting system,
and with lighted signs indicating both a primary and secondary
means of egress by a diagram or signal so as to assure
recognition by all persons, regardless of their English-speaking
ability. Such lighting system and signs shall be maintained in
good working order in compliance with any applicable regulation
promulgated by the Commissioner of Public Safety. (M.G.L. c. 143,
s. 21D.)

*****************


MAINTENANCE OF STRUCTURAL ELEMENTS

410.500:  Owner's Responsibility to Maintain Structural Elements
410.501:  Weathertight Elements
410.502:  Use of Lead Paint Prohibited
410.503:  Protective Railings and Walls
410.504:  Non-absorbent Surfaces
410.505:  Occupant's Responsibility Respecting Structural
          Elements


410.500:  Owner's Responsibility to Maintain Structural Elements

Every owner shall maintain the foundation, floors, walls, doors,
windows, ceilings, roof, staircases, porches, chimneys, and other
structural elements of his dwelling so that the dwelling excludes
wind, rain and snow, and is rodent-proof, watertight and free
from chronic dampness, weathertight, in good repair and in every
way fit for the use intended. Further, he shall maintain every
structural element free from holes, cracks, loose plaster, or
other defect where such holes, cracks, loose plaster or defect
renders the area difficult to keep clean or constitutes an
accident hazard or an insect or rodent harborage.


410.501: Weathertight Elements

(A)  A window shall be considered weathertight only if:

     (1)  all panes of glass are in place, unbroken and properly
          caulked; and
     
     (2)  the window opens and closes fully without excessive
          effort; and
     
     (3)  exterior cracks between the prime window frame and the
          exterior wall are caulked; and
     
     (4)  one of the following conditions is met:

          (a)  a storm window is affixed to the prime window
               frame, with caulking installed so as to fill
               exterior cracks between the storm window frame and
               the prime window frame; or
          
          (b)  weather-stripping is applied such that the space
               between the window sash and the prime window frame
               is no larger than 1/16 inch at any point on the
               perimeter of the sash, in the case of double hung
               windows and 1/32 inch in the case of casement
               windows; or
          
          (c)  The window sash is sufficiently well-fitted such
               that, without weather-stripping, the space between
               the window sash and the prime window frame is no
               larger than 1/16 inch at any point on the
               perimeter of the sash in the case of double hung
               windows and 1/32 inch in the case of casement
               windows.

(B)  And exterior door or a door leading from a dwelling unit to
     a common passageway shall be considered to be weathertight
     only if:

     (1)  all panes of glass are in place, unbroken and properly
          caulked; and
     
     (2)  the door opens and closes fully without excessive
          effort; and
     
     (3)  exterior cracks between the prime door frame and the
          exterior wall are caulked; and
     
     (4)  one of the following conditions is met:

          (a)  a storm door is affixed to the prime door frame,
               with caulking installed so as to fill exterior
               cracks between the storm door frame and the prime
               door frame; or
          
          (b)  weather-stripping is applied such that the space
               between the door and the prime door frame is no
               larger than 1/16 inch at any point on the
               perimeter of the door or
          
          (c)  the door is sufficiently well-fitted such that,
               without weather-stripping, the space between the
               door and the door frame is no larger than 1/16
               inch at any point on the sides of the door or 1/8
               inch at any point on the top or bottom of the
               door.

(C)  A wall, floor, ceiling or other structural element shall be
     considered weathertight only if all cracks and spaces not
     part of heating, ventilating or air conditioning systems are
     caulked or filled in as to prevent infiltration of exterior
     air or moisture.


410.502:  Use of Lead Paint Prohibited

No paint that contains lead shall be used in painting any surface
of any dwelling. (See 105 CMR 460.000)


410.503:  Protective Railings and Walls

(A)  The owner shall provide a safe handrail for every stairway
     that is used or intended for use by the occupants.

(B)  The owner shall provide a wall or protective railing at
     least 36 inches high enclosing every porch, balcony, roof or
     other similar place which is more than 30 inches above the
     ground and is used or intended for use by the occupants must
     be enclosed on both sides by a wall or protective railing at
     least 36 inches high.

(C)  All protective railings required by 105 CMR 410.503(B) shall
     have balusters placed at intervals of no more than six
     inches, or any other ornamental pattern between the railing
     and floor or stair such that a sphere six inches in diameter
     cannot pass through.


410.504:  Non-absorbent Surfaces

(A)  The floor surfaces of every room containing a toilet, shower
     or bathtub and every kitchen and pantry shall be covered by
     a smooth, noncorrosive, nonabsorbent and waterproof
     material. This shall not prohibit the use of carpeting in
     kitchens and bathrooms, nor the use of wood in the kitchen
     provided they meet the following qualifications:

     (1)  Carpeting must contain a solid, nonabsorbent backing
          which will prevent the passage of moisture through it
          to the floor below; and
     
     (2)  Wood flooring must have a water resistant finish and
          have no cracks to allow the accumulation of dirt or
          food, or the harborage of insects.

(B)  The walls up to a height of 48 inches (1.2 meters) of every
     room containing a toilet or bathtub shall be covered by a
     smooth, noncorrosive, nonabsorbent and waterproof material,
     provided with installed shower head or a shower compartment
     shall be of such material to a height of not less than six
     feet (1.8 meters). Such walls shall form a watertight joint
     with each other and with either the tub, receptor of shower
     floor.

(C)  The wall areas above built-in bathtubs having installed
     shower heads, and in shower compartments, shall be covered
     by a smooth, noncorrosive nonabsorbent and waterproof
     material to a height of not less than six feet (1.8 meters)
     above the floor level. Such walls shall form a watertight
     joint with each other and with either the tub, receptor, or
     shower floor.


410.505:  Occupant's Responsibility Respecting Structural
          Elements

The occupant shall exercise reasonable care in the use of the
floors, walls, doors, windows, ceilings, roof, staircases,
porches, chimneys, and other structural elements of the dwelling.

*****************


INSECTS AND RODENTS

Section

410.550:  Extermination of Insects, Rodents and Skunks
410.551:  Screens for Windows
410.552:  Screens for Doors
410.553:  Installation of Screens


410.550:  Extermination of insects, Rodents and Skunks

(A)  The occupant of a dwelling containing one dwelling unit
     shall maintain the unit free from all rodents, skunks,
     cockroaches and insect infestation, and shall be responsible
     for exterminating them, provided, however, that the owner
     shall maintain any screen, fence or other structural element
     necessary to keep rodents and skunks from entering the
     dwelling.

(B)  The owner of a dwelling containing two or more dwelling
     units shall maintain it and its premises free from all
     rodents, skunks, cockroaches and insect infestation and
     shall be responsible for exterminating them.

(C)  The owner of a rooming house shall maintain it and its
     premises free from all rodents, skunks, cockroaches and
     insect infestation, and shall be responsible for
     exterminating them.

(D)  Extermination shall be accomplished by eliminating the
     harborage places of insects and rodents, by removing or
     making inaccessible materials that may serve as their food
     or breeding ground, by poisoning, spraying, fumigating,
     trapping or by any other recognized and legal pest
     elimination method.


410.551:  Screens for Windows

The owner shall provide screens for all windows designed to be
opened or the first four floors opening directly to the outside
from any dwelling unit or room unit provided, that in any owner-
occupied unit, the owner need provide screens for only those
windows used for ventilation. All new or replacement screens
shall be of not less than 16 mesh per square inch.

(A)  Said screens:

     (1)  shall cover that part of the window that is designed to
          be opened but in no case less than the area as required
          in 105 CMR 410.280(A); and
     
     (2)  shall be tight fitting as to prevent the entrance of
          insects and rodents around the perimeter
     
     (3)  Expandable temporary screens shall not be deemed to
          satisfy the requirement of 105 CMR 410.551(1) or (2).


410.552:  Screens for Doors

The owner shall provide a screen door for all doorways opening
directly to the outside from any dwelling unit or rooming unit
where the screen door will be permitted to slide to the side or
open in an outward direction, provided, that in an owner-occupied
unit, the owner need provide screens only for those doorways used
for ventilation. All new or replacement screens in screen doors
shall be of not less than 16 mesh per square inch.

(A)  Said Screen door:

     (1)  shall be equipped with a self-closing device except
          where the screen is designed to slide to the side; and
     
     (2)  shall be tight-fitting as to prevent the entrance of
          insects and rodents around the perimeter


410.553:  Installation of Screens

The owner shall provide and install screens as required in 105
CMR 410.551 and 410.552 so that they shall be in place during the
period between April first to October thirtieth, both inclusive,
in each year.

*****************


GARBAGE AND RUBBISH STORAGE AND DISPOSAL

Section

410.600:  Storage of Garbage and Rubbish
410.601:  Collection of Garbage and Rubbish
410.602:  Maintenance of Areas Free from Garbage and Rubbish


410.600:  Storage of Garbage and Rubbish

(A)  Garbage or mixed garbage and rubbish shall be stored in
     watertight receptacles with tight-fitting covers. Said
     receptacles and covers shall be of metal or other durable,
     rodent-proof material. Rubbish shall be stored in
     receptacles of metal or other durable, rodent-proof
     material. Garbage and rubbish shall be put out for
     collection no earlier than the day of collection.

(B)  Plastic bags shall be used to store garbage or mixed rubbish
     and garbage only if used as a liner in watertight
     receptacles with tight-fitting covers as required in 105 CMR
     410.600(A), provided that the plastic bags may be put out
     for collection except in those places where such practice is
     prohibited by local rule or ordinance or except in those
     cases where the Department of Public Health determines that
     such practice constitutes a health problem. For purposes of
     the preceding sentence, in making its determination the
     Department shall consider, among other things, evidence of
     strewn garbage, torn garbage bags, or evidence of rodents.

(C)  The owner of any dwelling that contains three or more
     dwelling units, the owner of any rooming house, and the
     occupant of any other dwelling place shall be responsible
     for providing as many receptacles for the storage of garbage
     and rubbish as are sufficient to contain the accumulation
     before final collection or ultimate disposal, and shall so
     locate them to be convenient to the tenant that no
     objectionable odors enter any dwelling.

(D)  The occupants of each dwelling, dwelling unit, and rooming
     unit shall be responsible for the proper placement of his
     garbage and rubbish in the receptacles required in 105 CMR
     410.600(C) or at the point of collection by the owner.


410.601:  Collection of Garbage and Rubbish

The owner of any dwelling that contains three or more dwelling
units, the owner of any rooming house, and the occupant of any
other dwelling place shall be responsible for the final
collection or ultimate disposal or incineration of garbage and
rubbish by means of:

(A)  the regular municipal collection system; or

(B)  any other collection system approved by the board of health;
     or

(C)  when otherwise lawful, a garbage grinder which grinds
     garbage into the kitchen sink drain finely enough to ensure
     its free passage, and is otherwise maintained in a sanitary
     condition; or

(D)  when otherwise lawful, a garbage or rubbish incinerator
     located within the dwelling which is properly installed and
     which is maintained so as not to create a safety or health
     hazard; or

(E)  any other method of disposal which does not endanger any
     person and which is approved in writing by the board of
     health. (See 105 CMR 410.840.)


410.602:  Maintenance of Areas Free from Garbage and Rubbish

(A)  Land. The owner of any parcel of land, vacant or otherwise,
     shall be responsible for maintaining such parcel of land in
     a clean and sanitary condition and free from garbage,
     rubbish or other refuse. The owner of such parcel of land
     shall correct any condition caused by or on such parcel or
     its appurtenance which affects the health or safety, and
     well-being of the occupants of any dwelling or of the
     general public.

(B)  Dwelling Units. The occupant of any dwelling unit shall be
     responsible for maintaining in a clean and sanitary
     condition and free of garbage, rubbish, other filth or
     causes of sickness that part of the dwelling which he
     exclusively occupies or controls.

(C)  Dwellings Containing Less than Three Dwelling Units. In a
     dwelling that contains less than three dwelling units, the
     occupant shall be responsible for maintaining in a clean and
     sanitary condition, free of garbage, rubbish, other filth or
     causes of sickness the stairs or stairways leading to his
     dwelling unit and the landing adjacent to his dwelling unit
     if the stairs, stairways or landing are not used by another
     occupant.

(D)  Common Areas. In any dwelling, the owner shall be
     responsible for maintaining in a clean and sanitary
     condition free of garbage, rubbish, other filth or causes of
     sickness that part of the dwelling which is used in common
     by the occupants and which is not occupied or controlled by
     one occupant exclusively.

     (1)  The owner of any dwelling abutting a private passageway
          or right-of-way owned or used in common with other
          dwellings or which the owner or occupants under his
          control have the right to use or are in fact using
          shall be responsible for maintaining in a clean and
          sanitary condition free of garbage, rubbish, other
          filth or causes of sickness that part of the passageway
          or right-of-way which abuts his property and which he
          or the occupants under his control have the right to
          use, or are in fact using, or which he owns.

*****************


CURTAILMENT OF SERVICE

410.620:  Curtailment Prohibited

410.620:  Curtailment Prohibited

No owner or occupant shall cause any service, facility,
equipment, or utility which is required to be made available by
105 CMR 410.000 to be removed from or shut off from any occupied
dwelling except for such temporary period as may be necessary
during actual repairs or alterations and where reasonable notice
of curtailment of service is given to the occupant, or during
temporary emergencies when curtailment of service is approved by
the board of health. If any such service or facility that a
person is required to provided by 105 CMR 410.000 or has agreed
to supply by a written letting agreement becomes curtailed, that
person shall take immediate steps to cause its restoration. (See
M.G.L. c. 186, s. 14.)

*****************


VIOLATIONS WHICH MAY ENDANGER OR MATERIALLY IMPAIR THE HEALTH OR
SAFETY AND WELL-BEING OF AN OCCUPANT

410.700:  Inspectors Duty to Classify Violations
410.750:  Conditions Deemed to Endanger or Impair Health or
          Safety


410.700:  Inspectors Duty to Classify Violations

Any one or mare of the conditions specified in 105 CMR 410.750,
when found to exist in residential premises, shall always be
deemed to be conditions which may endanger or materially impair
the health or safety, and well-being of an occupant or the
public. The conditions specified in 105 CMR 410.750 are
specifically not intended as an exhaustive enumeration of such
conditions. In addition to the conditions specified in 105 CMR
410.750, the inspector shall determine if any other violations of
105 CMR 410.100 through 410.620, or any other conditions, are
conditions which may endanger or materially impair the health or
safety, and well-being of an occupant or the public.


410.750:  Conditions Deemed to Endanger or Impair Health or
          Safety

The following conditions, when found to exist in residential
premises, shall be deemed conditions which may endanger or impair
the health, or safety and well-being of a person or persons
occupying the premises. This listing is composed of those items
which are deemed to always have the potential to endanger or
materially impair the health or safety, and well-being of the
occupants or the public. Because Chapter II, 105 CMR 410.100
through 410.620 state minimum requirements of fitness for human
habitation, any other violation has the potential to fall within
this category in any given specific situation but may not do so
in every case and therefore is not included in this listing.
Failure to include shall in no way be construed as a
determination that other violations or conditions may not be
found to fall within this category. Nor shall failure to include
affect the duty of the local health official to order repair or
correction of such violations pursuant to 105 CMR 410.830 through
410.833 nor shall failure to include affect the legal obligation
of the person to whom the order is issued to comply with such
order.

(A)  Failure to provide a supply of water sufficient in quantity,
     pressure and temperature, both hot and cold, to meet the
     ordinary needs of the occupant in accordance with 105 CMR
     410.180 and 410.190 for a period of 24 hours or longer.

(B)  Failure to provide heat as required by 105 CMR 410.201 or
     improper venting or use of a space heater or water heater as
     prohibited by 105 CMR 410.200(B) and 410.202.

(C)  Shutoff and/or failure to restore electricity or gas.

(D)  Failure to supply the electrical facilities required by 105
     CMR 410.250(B), 410.251(A), 410.253 and the lighting in
     common area required by 105 CMR 410.254.

(E)  Failure to provide a safe supply of water.

(F)  Failure to provide a toilet and maintain a sewage disposal
     system in operable condition as required by 105 CMR
     410.150(A)(1) and 410.300.

(G)  Failure to provide adequate exits, or the obstruction of any
     exit, passageway or common area caused by any object,
     including garbage or trash, which prevents egress in case of
     an emergency 105 CMR 410.450, 410.451 and 410.452.

(H)  Failure to comply with the security requirements of 105 CMR
     410.480(D).

(I)  Failure to comply with any provisions of 105 CMR 410.600,
     410.601, or 410.602 which results in any accumulation of
     garbage, rubbish, filth or other causes of sickness which
     may provide a food source or harborage for rodents, insects
     or other pests or otherwise contribute to accidents or to
     the creation or spread of disease.

(J)  The presence of lead-based paint on a dwelling or dwelling
     unit in violation of the Massachusetts Department of Public
     Health Regulations for Lead Poisoning Prevention and
     Control, 105 CMR 460.000. (See M.G.L. c. 111, s. 190-199.)

(K)  Roof, foundation, or other structural defects that may
     expose the occupant or anyone else to fire, burns, shock,
     accident or other dangers or impairment to health or safety.

(L)  Failure to install electrical, plumbing, heating and
     gasburning facilities in accordance with accepted plumbing,
     heating, gasfitting and electrical wiring standards or
     failure to maintain such facilities as are required by 105
     CMR 410.351 and 410.352, so as to expose the occupant or
     anyone else to fire, burns, shock, accident or other danger
     or impairment to health or safety.

(M)  Any defect in asbestos material used as insulation or
     covering on a pipe, boiler or furnace which may result in
     the release of asbestos dust or which may result in the
     release of powered, crumbled or pulverized asbestos material
     in violation of 105 CMR 410.353(A); or any activity which is
     in violation of 105 CMR 410.353(B) through (G).

(N)  Failure to provide a smoke detector required by 105 CMR
     410.482.

(O)  Any of the following conditions which remain uncorrected for
     a period of five or more days following the notice to or
     knowledge of the owner of said condition or conditions:

     (1)  Lack of a kitchen sink of sufficient size and capacity
          for washing dishes and kitchen utensils or lack of a
          stove and oven or any defect that renders either
          inoperable.
     
     (2)  Failure to provide a washbasin and shower or bathtub as
          required in 105 CMR 410.150(A)(2) and 410.150(A)(3) or
          any defect which renders them inoperable.
     
     (3)  Any defect in the electrical, plumbing, or heating
          system which makes such system or any part thereof in
          violation of generally accepted plumbing, heating,
          gasfitting, or electrical wiring standards that do not
          create an immediate hazard.
     
     (4)  Failure to maintain a safe handrail or protective
          railing for every stairway, porch balcony, roof or
          similar place as required by 105 CMR 410.503(A) and
          410.503(B).
     
     (5)  Failure to eliminate rodents, cockroaches, insect
          infestation and other pests as required by 105 CMR
          410.550.

(P)  Any other violation of 105 CMR 410.000 no enumerated in 105
     CMR 410.750(A) through (O) shall be deemed to be a condition
     which may endanger or materially impair the health or safety
     and well-being of an occupant upon the failure of the owner
     to remedy said condition within the time so ordered by the
     board of health.

*****************

ADMINISTRATION AND ENFORCEMENT

410.800:  General Administration
410.810:  Access for Repairs and Alterations


410.800:  General Administration

The provisions of 105 CMR 400.00(Sanitary Code, Chapter 1) shall
govern the administration and enforcement of these minimum
standards except as supplemented by 105 CMR 410.810 through
410.960.


410.810:  Access for Repairs and Alterations

Every occupant of a dwelling, dwelling unit, or rooming unit
shall give the owner thereof, or his agent or employees, upon
reasonable notice, reasonable access, if possible by appointment,
to the dwelling, dwelling unit, or rooming unit for the purpose
of making such repairs or alterations as are necessary to effect
compliance with the provisions of these minimum standards.

*****************


INSPECTIONS

410.820:  Inspection Upon Request
410.821:  Inspection Forms
410.822:  Conduct of Inspections


410.820:  Inspection Upon Request

The board of health shall inspect a dwelling or dwelling unit
upon receipt of a written, oral or telephonic request for
inspection regardless of whether the person requesting the
inspection has previously notified the owner of the dwelling of
the condition(s) within the dwelling. All interior inspections
shall be done in the company of the occupant or the occupant's
representative.

(A)  The board of health shall use its best efforts to schedule
     and complete an inspection at a time mutually satisfactory
     to the occupant and the board of health:

     (1)  within 24 hours after a receipt of a request when the
          condition or conditions alleged to exist include one of
          the following:

          (a)  failure to maintain a supply of water connected
               with a safe water supply as required in 105 CMR
               410.180; or
          
          (b)  failure to provide heat and to provide or maintain
               heating facilities in proper condition as required
               by 105 CMR 410.200 through 410.202; or
          
          (c)  failure to provide light as required by 105 CMR
               410.254 and 410.253; or
          
          (d)  failure to provide and maintain a sanitary
               drainage system as required by 105 CMR 410.300; or
          
          (e)  failure to maintain in safe operating condition
               any facilities fixtures and systems listed in 105
               CMR 410.351; or
          
          (f)  termination or failure to restore promptly, water,
               hot water, heat, electricity or gas; and
          
          (g)  failure to maintain exits unobstructed and in a
               safe condition as required by 105 CMR 410.451 and
               410.452; or

          (h)  failure to maintain every entry door of a dwelling
               or dwelling unit as required by 105 CMR 410.480(B)
               and 410.480(D); or

          (i)  failure to maintain a dwelling unit free from
               leaks as required in 105 CMR 410.500; or
          
          (j)  failure to maintain a porch, balcony, roof or
               exterior stairway in a safe condition as required
               in 105 CMR 410.500 410.503(B), and 410.503(C); or
          
          (k)  failure to maintain a dwelling or dwelling unit
               free from rodents, skunks, cockroaches and insect
               infestation as required by 105 CMR 410.550; or

     (2)  within five calendar days after receipt of a request
          when the condition or conditions alleged to exist does
          not include any of the violations enumerated in 105 CMR
          410.820(A)(1).

(B)  The board of health shall keep a record of all requests for
     inspections in a bound book with numbered pages. The
     information to be recorded shall include but need not be
     limited to the name, if given, of the person requesting the
     inspection, the time and date of each such request, the
     location of the dwelling, the nature of the alleged
     violation(s) and the date the inspection is conducted. In
     lieu of the above, the required records may be maintained
     within a computer system.


410.821:  Inspection forms

Each board of health shall adopt and use a printed inspection
report form which must include, but need not be limited to, the
following:

(A)  specifically labeled spaces for:

     (1)  name of the inspector;
     
     (2)  the date and time of the inspection or investigation;
     
     (3)  the location of the dwelling or dwelling unit
          inspected;
     
     (4)  the date and time of any scheduled follow-up
          inspection;
     
     (5)  a description of the conditions constituting
          violations;
     
     (6)  a listing of the specific provisions of 105 CMR 410.000
          or other applicable laws, ordinances, by-laws, rules or
          regulations that appear to be violated;
     
     (7)  a determination by the official inspecting the premises
          whether the violations are listed in 105 CMR 410.750,
          and whether the effect of any violation(s) or
          conditions not listed in 105 CMR 410.750 may endanger
          or materially impair the health or safety, and well-
          being of any person(s) occupying the premises.

     (8)  the signature of the inspector preceded by the
          following statement: "This inspection report is signed
          and certified under the pains and penalties of
          perjury."

(B)  A brief summary of the legal remedies available to the
     occupant of the affected premises, followed by this
     statement:

          "The information presented above is only a
          summary of the law. Before you decide to
          withhold your rent or take any other legal
          action, it is advisable that you consult an
          attorney. If you cannot afford to consult an
          attorney, you should contact the nearest
          Legal Services Office which is (name of Legal
          Services Office), (address), (telephone
          number)."

(C)  A prototype of an inspection form which meets the
     requirements of 105 CMR 410.821 may be obtained from the
     Department of Public Health. A board of health may use this
     form or, subject to approval by the Department, any form
     consistent with this prototype. Each board of health shall
     submit the form it adopts to the Department.


410.822:  Conduct of Inspections

(A)  At the time of the inspection, the inspector shall record
     all violations if any, and shall complete an inspection
     report form which conforms to the requirements of 105 CMR
     410.821(A) and 410.821(B). If assistance of a specialized
     inspector, which is not immediately available, is necessary
     to fully complete the inspection report, such report shall
     be completed to the fullest extent feasible at the time of
     the inspection, noting thereon the reason of possible
     violations for which a separate inspection by a specialized
     inspector appears to be necessary. The need for such
     separate inspection shall in no way delay the normal
     processing or issuing of orders pursuant to 105 CMR 410.830
     through 410.833. The board of health shall use its best
     efforts to schedule the separate inspection promptly, at a
     mutually satisfactory time to all individuals involved. A
     copy of 105 CMR 410.000 (Chapter II of the State Sanitary
     Code) shall be made available upon request, free of charge
     or at a cost which is no greater than the board's own cost
     for each copy. A copy shall be made available for review at
     no cost.

(B)  Each inspection of a dwelling unit shall include at a
     minimum the condition alleged to be in violation and all
     those standards found in 105 CMR 410.750(A) through (O)
     except as otherwise provide in 105 CMR 410.822(B)(1) through
     410.822(B)(4). A violation found in a common area shall be
     considered as a violation which exists in each unit in the
     dwelling which may be affected by such violations.

     (1)  An occupant shall be informed of his/her right to a
          comprehensive inspection at the start of said
          inspection. A comprehensive inspection will be carried
          out if the occupant so requests.
     
     (2)  The inspection as required in 105 CMR 410.822(B) shall
          not be required from September 15 to June 15,
          inclusive, if the complaint relates solely to the lack
          of heat pursuant to 105 CMR 410.200 or 410.201,
          however, a comprehensive inspection will be carried out
          if the occupant so requests.
     
     (3)  Where an inspection reveals a condition or conditions
          which present an imminent threat to the life, health or
          safety of the occupants immediate steps must be taken
          by the inspector to order compliance, an inspection as
          required in 105 CMR 410.822(B) may be delayed until
          after such steps are taken, but such inspection shall
          be completed in a timely manner.
     
     (4)  Where a reinspection is made in order to determine
          compliance with a previously issued order, the
          inspection may be sufficient if it includes those items
          previously identified as violations unless additional
          violations have been identified in a subsequent
          complaint.

(C)  A report of the conditions noted during the inspection shall
     be given to the occupant or occupant's representative at the
     conclusion of the inspection. Such report shall indicate the
     need for an additional inspection by specialized inspector,
     if necessary.

*****************


ORDERS AND VARIANCES

410.830:  Correction Orders
410.831:  Dwelling Unfit for Human Habitation; Hearing;
          Condemnation; Order to Vacate; Demolition
410.832:  Content of Orders
410.833:  Service of Orders
410.840:  Variances


410.830:  Correction Orders

If an inspection or examination as provided for in 105 CMR
400.100 (Chapter I) and/or 105 CMR 410.820 (Chapter II) of this
code reveals that a dwelling does not comply with the provisions
of 105 CMR 410.000, the board of health or its designated agent
shall:

(A)  within 12 hours after the inspection order the owner or
     occupant to make a good faith effort to correct within 24
     hours any of the following violations:

     (1)  failure to maintain a supply of water connected to a
          safe water supply as required in 105 CMR 410.180; or
     
     (2)  failure to provide heat and to provide or maintain
          heating facilities in proper condition as required by
          105 CMR 410.200 or 410.201; or
     
     (3)  failure to provide light as required by 105 CMR
          410.254; or
     
     (4)  failure to provide and maintain a sanitary drainage
          system as required by 105 CMR 410.300; or
     
     (5)  failure to maintain in safe operating condition any
          facilities fixtures and systems listed in 105 CMR
          410.351; or
     
     (6)  termination or failure to restore promptly water, hot
          water, heat, electricity or gas; or
     
     (7)  failure to maintain exits unobstructed as required by
          105 CMR 410.451; or
     
     (8)  failure to maintain every entry door of a dwelling unit
          as required by 105 CMR 410.480(D); or
     
     (9)  failure to maintain a dwelling unit free from leaks as
          required by 105 CMR 410.500; or
     
     (10) failure to maintain a porch, balcony, roof or exterior
          stairway in a safe condition as required by 105 CMR
          410.500; or
     
     (11) failure to maintain a dwelling or dwelling unit free
          from rodents, skunks, cockroaches and insect
          infestation as required by 105 CMR 410.550.

(B)  within 7 days after the inspection order the owner or
     occupant to begin necessary repairs or contract in writing
     with a third party within 5 days for correction of all other
     violations or conditions listed in 105 CMR 410.750, 410.351
     and 410.550 and to make a good faith effort to substantially
     correct all violations within a period determined by the
     board of health but not exceeding 30 days.

(C)  within 5 days after the dates for compliance specified in an
     order issued pursuant to 105 CMR 410.830, the board of
     health shall make an on-site inspection to determine whether
     there has been compliance with said order; provide, that
     said inspection shall be made within 24 hours of the dates
     for compliance specified in an order if one or more of the
     violations or conditions are determined to be conditions
     which may endanger the health or safety, and well-being of
     the occupant(s) as defined in 105 CMR 410.750. An inspection
     under 105 CMR 410.830 shall comply with the requirements of
     105 CMR 410.822.


410.831:  Dwellings Unfit for Human Habitation; Hearing;
          Condemnation; Order to Vacate; Demolition

(A)  Finding that a dwelling or portion thereof is unfit for
     human habitation. If an inspection conducted pursuant to 105
     CMR 400.100 or 105 CMR 410.820 reveals that a dwelling or
     portion thereof is unfit for human habitation, the board of
     health may (after complying with 105 CMR 410.831(B), (C) or
     (D), if the dwelling is occupied) issue a written finding
     that the dwelling or portion thereof is unfit for human
     habitation. The finding shall include a statement of the
     material facts and conditions upon which the finding is
     based.

(B)  Prior notification to occupant(s) and owner. If the dwelling
     or portion thereof is occupied, the board of health shall,
     prior to issuing a finding under 105 CMR 410.831(A), provide
     written notice to the occupant(s) and owner which shall
     include:

     (1)  identification of the dwelling (address and apartment
          number, if any);
     
     (2)  A copy of the inspection report;
     
     (3)  A statement that the board of health will consider
          issuing a finding that the dwelling or a specifically
          identified portion thereof is unfit for human
          habitation;
     
     (4)  A statement that this finding may result in an order of
          condemnation requiring the owner to secure the dwelling
          and requiring the occupant(s) to vacate the dwelling.
     
     (5)  A statement of the time and place of a public hearing
          which the board of health will conduct in order to
          determine whether the dwelling or portion thereof is
          unfit for human habitation, and whether an order to
          secure and vacate should be issued. The notice shall be
          served on the occupant(s) and owner in accordance with
          105 CMR 410.833.

(C)  Hearing if dwelling or portion thereof is occupied. If the
     dwelling or portion thereof is occupied , then the board
     shall, prior to issuing a finding under 105 CMR 410.831(A),
     and at least five (5) days after service of the notice
     required by 105 CMR 410.831(B), conduct a public hearing to
     determine whether the dwelling or portion thereof is unfit
     for human habitation and whether an order to secure and to
     vacate should be issued. At the hearing the occupant(s),
     owner, or any other affected party shall be given an
     opportunity to be heard, to present witnesses or documentary
     evidence and to show why the dwelling or portion thereof
     should or should not be found unfit for human habitation,
     and why an order to vacate and an order to close-up should
     or should not be issued.

(D)  Exception to notification and hearing requirements. If at
     any time the board of health determines in writing that the
     danger to life or health of the occupant(s) is so immediate
     that no delay may be permitted, then the board of health may
     immediately issue a finding that an occupied dwelling or
     portion thereof is unfit for human habitation without
     providing the notification or hearing specified in 105 CMR
     410.831(B) and (C). A copy of the determination of immediate
     danger, and a copy of the finding of unfitness for human
     habitation shall be sent to each affected occupant, and to
     the owner.

(E)  Condemnation, order to vacate, order to secure. At the same
     time, or at any time after the board of health issues a
     finding that a dwelling or portion thereof is unfit for
     human habitation, the board may issue an order condemning
     the dwelling or portion thereof and an order to vacate the
     dwelling or portion thereof, and an order requiring the
     owner to secure the dwelling or portion thereof. If the
     dwelling or portion thereof which is ordered to be secured
     is unoccupied (and therefore no public hearing was conducted
     prior to the issuance of the order) then the owner or any
     other affected person shall have the right to request a
     hearing in accordance with 105 CMR 410.850 through 410.860.
     No dwelling or portion thereof which is ordered to be
     secured shall be occupied without the prior written
     permission of the board of health based upon the board's
     written finding that the dwelling or portion thereof to be
     occupied is fit for human habitation.

(F)  Demolition. If one year after the issuance of an order to
     secure compliance with the minimum standards set forth in
     105 CMR 410.000 has not been affected, then the board of
     health may cause the dwelling or portion thereof to be
     demolished or removed.


410.832:  Content of Orders

(A)  Every order authorized by 105 CMR 410.000 shall be in
     writing.

(B)  Subject to the emergency provision of 105 CMR 400.200(B),
     any order issued under the provisions of 105 CMR 410.000:

     (1)  shall include a statement of the violations, conditions
          or defects; and, in the case of occupied dwelling
          units, a determination whether any violation(s) or
          conditions, or the cumulative effect of more than one
          violation or condition may endanger or materially
          impair the health or safety, and well- being of an
          occupant, and a copy of all inspection reports;
     
     (2)  shall contain notice of the right to a hearing; of the
          deadline and proper procedure for requesting a hearing;
          the right to inspect and obtain copies of all relevant
          inspection or investigation reports, orders, notices
          and other documentary information in the possession of
          the board of health; the right to be represented at the
          hearing; and that any affected party has a right to
          appear at said hearing;
     
     (3)  shall indicate the time limit for compliance pursuant
          to 105 CMR 410.830;
     
     (4)  shall include the following statement translated into
          any non-English language that is spoken as a primary
          language by greater than one percent of the population
          of that community. "This is an important legal
          document. It may affect your rights. You should have it
          translated."
     
     (5)  and , shall, in an order to an owner, advise the owner
          that the conditions which exist may permit the occupant
          of the dwelling to exercise one or more statutory
          remedies.

(C)  If an inspection for all the standards in 105 CMR 410.000
     reveals no violation of 105 CMR 410.000 the board of health
     shall forward a copy of the inspection report and a letter
     so stating to the owner within 7 days of completion of the
     inspection.


410.833:  Service of Orders

(A)  All orders issued under 105 CMR 410.830 shall be served on
     the persons responsible for the violation. Orders and/or
     notices issued under 105 CMR 410.831 shall be served on the
     owner or his agent and the affected occupants.

(B)  All orders and/or notices shall be served:

     (1)  personally by a person authorized to serve civil
          process; or
     
     (2)  by leaving a copy at his last and usual place of abode;
          or
     
     (3)  by sending him a copy by registered or certified mail,
          return receipt requested if he is within the
          Commonwealth; or
     
     (4)  if his last and usual place of abode is unknown or
          outside the Commonwealth, by posting a copy in a
          conspicuous place on or about the dwelling or portion
          thereby affected.

(C)  A copy of every order issued under the provisions of 105 CMR
     410.831 shall also be served upon every mortgagee and lien
     holder of record by sending it registered or certified mail,
     return receipt requested.

(D)  A copy of every order or subsequent notice issued under the
     provisions of 105 CMR 410.830 to an owner shall also be
     personally delivered or sent by first class mail to the
     occupants of all affected premises, except that when a
     violation in a common area affects more than three dwelling
     units or rooming units the notification required by this
     Regulation may be satisfied by posting a copy of every order
     or subsequent notice in a conspicuous place in the building.


410.840:  Variances

(A)  Except for those conditions enumerated under 105 CMR
     410.750(A) through (O), the board of health may vary the
     application of any provision of 105 CMR 410.000 with respect
     to any particular case when, in its opinion, the enforcement
     thereof would do manifest injustice; provided, that the
     decision of the board of health shall not conflict with the
     spirit of these minimum standards, and provided further,
     such variance may be granted only after notice is given to
     all affected occupants and after a hearing is held. Any
     variance granted by the board of health shall be in writing
     and shall not be if effect unless it is filed by the owner
     in the registry of deeds for the county, or appropriate
     district thereof, in which the dwelling is located. A copy
     of any such variance shall, while it is in effect, be
     available to the public at all reasonable hours in the
     office of the clerk of the city or town, or in the office of
     the board of health, and notice of the granting of variance
     shall be filed with the Commissioner of Public Health of the
     Commonwealth.

(B)  Any variance of other modification authorized to be made by
     105 CMR 410.000 may be subject to such qualification,
     revocation, suspension or expiration as the board of health
     expresses in its grant. A variance or other modification
     authorized to be made by 105f CMR 410.000 may otherwise be
     revoked, modified, or suspended in whole or in part, only
     after the owners and affected occupants have been notified
     in writing and have been give an opportunity to be heard, in
     conformity with the requirement for an order and hearing of
     105 CMR 410.830 through 410.855.

(C)  A variance from 105 CMR 410.480 may be granted only by the
     Massachusetts State Building Code Commissioner when in its
     opinion,. other security measures are in force which
     adequately protect the resident(s) of such dwelling. (M.G.L.
     c. 143, s. 3R.)

(D)  A variance from 105 CMR 410.150(A)(2) which prohibits a
     kitchen sink to substitute for required washbasin may be
     granted by the board of health only if compliance would
     require extensive costly renovation.

*****************


HEARINGS AND APPEALS

Section

410.850:  Right to Hearing
410.851:  Hearing Notices
410.852:  Time for Hearing
410.853:  Hearing Procedures
410.854:  Final Decision After Hearing; Failure to Comply with
          Final Order
410.855:  Official Hearing Record
410.860:  Appeal of Final Decisions


410.850:  Right to Hearing

Unless otherwise specified in 105 CMR 410.000, the following
persons may request a hearing before the board of health by
filing a written petition:

(A)  Any person or persons upon whom any order has been served
     pursuant to any regulation of 105 CMR 410.000 (except for an
     order issued after the requirements of 105 CMR 410.831 have
     been satisfied); provided, such petition must be filed
     within seven days after the day the order was served;

(B)  Any person aggrieved by the failure of any inspector(s) or
     other personnel of the board of health:

     (1)  to inspect upon request any premises as required under
          105 CMR 410.000; provided, such petition must be filed
          within thirty days after such inspection was requested;
          or
     
     (2)  to issue a report on an inspection as required by 105
          CMR 410.000; provided, such petition must be filed
          within thirty days after the inspection; or
     
     (3)  upon an inspection to find violations of 105 CMR
          410.000 where such violations are claimed to exist or
          to certify that a violation or combination of
          violations may endanger or materially impair the health
          or safety, and well-being of the occupants of the
          premises; provided, such petition must be filed within
          thirty days after receipt of the inspection report; or

     (4)  to issue an order as required by 105 CMR 410.830;
          provided, that such petition must be filed within
          thirty days after receipt of the inspection report.


410.851:  Hearing Notice

Upon receipt of a petition the board of health shall in writing
inform the petitioner and other affected parties (affected
parties shall include the occupants of all affected premises if
the petitioner is an owner, and the owner if the petitioner is an
occupant) of the date, time and place of the hearing and of their
right to inspect and copy the board of health's file concerning
the matter to be heard.


410.852:  Time for Hearing

(A)  The hearing shall be commenced not later than 30 days after
     the date the order was served. Provided, however, the
     hearing shall be commenced no later than:

     (1)  14 days after an order was served pursuant to 105 CMR
          410.830(A) and 410.830(B) and the petitioner refuses to
          begin remedial activity as required pending the outcome
          of the hearing; or
     
     (2)  14 days after request for a hearing was received in
          instances where the petitioner alleges that an
          inspector or other personnel of the board of health has
          (1) failed to inspect upon request any premises; or (2)
          failed to issue an inspection report on an inspection
          as required by 105 CMR 410.000; or (3) failed to find
          violations of the law where such violations of the law
          where such violations are claimed to exist or to
          certify that such violations may endanger or materially
          impair the health or safety, and well-being of the
          occupant(s); or (4) failed to issue an order as
          required by 105 CMR 410.830.


410.853:  Hearing Procedures

At the hearing the petitioner and other affected parties shall be
given an opportunity to be heard, to present witnesses or
documentary evidence, and to show why an order should be modified
or withdrawn, or why a dwelling should not be condemned, vacated
or demolished or why an action or failure to act by an inspector
or other personnel of the board of health should be reconsidered,
rescinded or ordered. Failure to hold a hearing within the time
period specified herein shall not affect the validity of any
order.


410.854:  Final Decision After Hearing; Failure to Comply with
          Final Order

(A)  The board of health shall sustain, modify, or withdraw the
     order and shall inform the petitioner in writing of its
     decision within not more than seven days after the
     conclusion of the hearing. If the board of health sustains
     or modifies the order, it shall be carried out within the
     time period allotted in the original order or in the
     modification.

(B)  If a written petition for a hearing is not filed with the
     board of health within the appropriate time provided for in
     105 CMR 410.850, or if after a hearing the order has been
     sustained in whole or part, each day's failure to comply
     with the order as issued or modified shall constitute an
     additional offense.


410.855:  Official Hearing Record

Every notice, order, or other record prepared by the board of
health in connection with the hearing shall be entered as a
matter of public record in the office of the clerk of the city or
town, or in the office of the board of health.


410.860:  Appeal of Final Decisions

Any person aggrieved by the final decision of the board of health
with respect to any order issued under the provisions of 105 CMR
410.000 may seek relief therefrom in any court of competent
jurisdiction, as provided by the laws of the Commonwealth.

*****************


PENALTIES AND REMEDIES

Section

410.900:  Penalty for Interference with Inspection
410.910:  Penalty for Failure to Comply with Order
410.920:  Penalty for Other Offenses
410.950:  Condemnation, Placarding, and Vacating Dwellings
410.960:  Correction of Violations by Board of Health: Expenses


410.900:  Penalties for Interference with Inspections

Any owner, occupant, or other person who refuses, impeded,
inhibits, interferes with, restricts or obstructs entry and free
access to every part of the structure, operation or premises
where inspection authorized by this code is sought after a search
warrant has been obtained and presented in accordance with 105
CMR 400.100(C) (of Chapter 1 of this code), shall be fined upon
conviction not less than ten nor more than five hundred dollars.


410.910:  Penalty for Failure to Comply with Order

Any person who shall fail to comply with any order issued
pursuant to the provisions of 105 CMR 410.000 shall upon
conviction be fined not less than ten nor more than five hundred
dollars. Each day's failure to comply with an order shall
constitute a separate violation. See also 105 CMR 410.854(B).


410.920:  Condemnation, Placarding and Vacating Dwellings

(A)  If a written petition for a hearing is not filed in the
     office of the board of health within seven days after an
     order of condemnation of any dwelling or portion thereof has
     been issued, or if after written notice that the board of
     health is considering ordering a dwelling or portion thereof
     condemned and/or vacated and demolished, or if after a
     hearing the order of condemnation of a dwelling or portion
     thereof is issued, the dwelling or portion thereof so
     affected by the order shall be placarded by the board of
     health.

(B)  No dwelling or portion thereof which has been condemned and
     placarded as unfit for human habitation shall again be used
     for human habitation until written approval is secured from,
     and such placard is removed by, the board of health. No
     person shall deface or remove the placard, except that the
     board of health shall remove it whenever the defect or
     defects upon which the condemnation and placarding action
     was based have been eliminated.

(C)  If any person refuses to leave a dwelling or portion thereof
     which has been ordered condemned and vacated and has been
     placarded in accordance with 105 CMR 410.830 through
     410.950, may be forcibly removed by the board of health or
     the local police authorities on request of the board of
     health. (See 105 CMR 410.830 through 410.920)

(D)  The board of health may undertake to demolish any dwelling
     an order for whose destruction was properly served on the
     owner and every mortgagee of record in accordance with the
     requirements of notice and hearing in 105 CMR 410.831
     through 410.860, and M.G.L. c. 111, s. 127B and a claim for
     the expense incurred by said board in so doing shall
     constitute a debt due the city or town upon the completion
     of the work and the rendering of an account therefore to the
     owner of such structure, and shall be recoverable from such
     owner in an action of contract. Said debt, together with
     interest thereon at the rate of 6 percent per annum from the
     date said debt become due, shall constitute a lien on the
     land upon which the structure was located if a statement of
     claim, signed by the board of health, setting forth the
     amount claimed without interest is filed, within ninety days
     after the debt becomes due, with the register of deeds for
     record or registration, as the case may be, in the county or
     in the district, if the county is divided into districts,
     where the land lies. Such lien shall take effect upon the
     filing of the statement aforesaid and shall continue for two
     years from the first day of October next following the day
     of such filing. Such lien may be dissolved by filing with
     the register of deeds for record or registration, as the
     case may be, in the county or in the district, if the county
     is divided into districts, where the land lies, a
     certificate from the collector of the city or town that the
     debt for which such lien attached, together with interest
     and costs thereon, has been paid or legally abated. Such
     collector shall have the same powers and be subject to the
     same duties with respect to such claim as in the case of the
     annual taxes upon real estate; and the provisions of law
     relative to collection of such annual taxes, the sale or
     taking of land for the nonpayment thereof, and the
     redemption of land so sold or taken shall apply to such
     claim.


410.960:  Correction of Violations by Board of Health: Expenses

(A)  If a failure to comply with an order requiring that any
     dwelling or its premises be properly cleaned or repaired
     results in a condition which endangers or materially impairs
     the health or well-being of the occupant or the public, the
     board of health may cause such proper cleaning or repair and
     charge the responsible person or persons as hereinbefore
     provided with any and all expenses incurred. Any such
     charges by the board of health shall not absolve the
     responsible person or persons from any penalty warranted by
     the failure to comply with the order.

(B)  The board of health may also act in an emergency under the
     provisions of 105 CMR 400.200(B) (of Chapter 1 of this code)
     to clean or repair any dwelling which so fails to comply
     with the provisions of 105 CMR 410.000 as to endanger or
     materially impair the health or safety, and well-being of
     the occupant or the public, and to charge the responsible
     person or persons with any and all expenses incurred.


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