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* 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.)
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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.)
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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.
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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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