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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.

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.

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.

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 ClassificationRequired Air Changes Per Hour
Habitable rooms other than bath, toilet or shower rooms2
Bath, toilet or shower rooms52

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.)

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)

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.

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.

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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