Mass. Gen. Laws ch. 140, sec. 174G — MA Code / Part I / Title XX / Chapter 140 / Section 174G
Commercial boarding or training kennels; rulemaking; injury reports; inspections
Status: in_force

Section 174G. (a) The department shall promulgate rules and regulations for commercial boarding or training kennels, including those located at a private residence, which may include, but not be limited to, licensing, inspection, compliance and enforcement, use of best practices and operation, provider and staff to animal ratios, fire and emergency planning, injury reporting, group sizes and supervision, minimum housing and care requirements, indoor and outdoor physical facility requirements, utilities, body language interpretation, breed familiarity, dog handling, insurance, proper education and training of commercial boarding or training kennel staff, including, but not limited to, dog daycare staff, operational safety standards, risk management and consumer education and protection. (b)(1) Commercial boarding or training kennels shall report to the licensing authority injuries to animals or people that occur on their premises and the department or licensing authority shall investigate all reports. The department shall develop a form for such reporting and a time frame for submitting a report after an injury. The form shall be available on the department's website for the public to report such injuries. (2) The department shall make investigative reports of injuries publicly available on its website if the investigation results in the department bringing enforcement action against the kennel. (c)(1) An inspection of a commercial boarding or training kennel to enforce the rules and regulations promulgated pursuant to subsection (a) may be done by the commissioner or an authorized inspector and shall take place between the hours of 7:00 a.m. and 7:00 p.m. unless an alternate time is mutually agreed upon by the inspector and the licensee. An authorized inspector may include, but shall not be limited to, an animal control officer, the mayor of a city, the select board of a town, the town manager of a town, the chief of police, the police commissioner of the city of Boston or another designated official. The licensee or an authorized agent of the licensee shall be present during the inspection. If a kennel regulated under this section is located at a private residence, only the areas of the residence that are used for kennel purposes or for the maintenance of kennel records shall be required to be available for inspection. (2) If, in the judgment of the commissioner or an authorized inspector, a kennel is not being maintained in a sanitary and humane manner or if records have not been properly kept as required by law and in compliance with this section, the commissioner or authorized inspector shall, by order, depending on the severity of the offense, suspend the license for the kennel or issue to the licensee a written citation or notice which explains the noncompliant issue and requires the licensee to come into compliance within a reasonable, specified timeframe. If the licensee fails to come into compliance within the time period specified by the commissioner or authorized inspector, the commissioner or authorized inspector shall, by order, revoke the license for the kennel. (3) Enforcement under paragraph (2) by an animal control officer or authorized inspector may be appealed within 21 days to the district court in the judicial district in which the kennel is maintained. Enforcement under said paragraph (2) by the commissioner may be appealed within 21 days to the division of administrative law appeals pursuant to chapter 30A.

Section 174G. (a) The department shall promulgate rules and regulations for commercial boarding or training kennels, including those located at a private residence, which may include, but not be limited to, licensing, inspection, compliance and enforcement, use of best practices and operation, provider and staff to animal ratios, fire and emergency planning, injury reporting, group sizes and supervision, minimum housing and care requirements, indoor and outdoor physical facility requirements, utilities, body language interpretation, breed familiarity, dog handling, insurance, proper education and training of commercial boarding or training kennel staff, including, but not limited to, dog daycare staff, operational safety standards, risk management and consumer education and protection.

(b)(1) Commercial boarding or training kennels shall report to the licensing authority injuries to animals or people that occur on their premises and the department or licensing authority shall investigate all reports. The department shall develop a form for such reporting and a time frame for submitting a report after an injury. The form shall be available on the department's website for the public to report such injuries.

(2) The department shall make investigative reports of injuries publicly available on its website if the investigation results in the department bringing enforcement action against the kennel.

(c)(1) An inspection of a commercial boarding or training kennel to enforce the rules and regulations promulgated pursuant to subsection (a) may be done by the commissioner or an authorized inspector and shall take place between the hours of 7:00 a.m. and 7:00 p.m. unless an alternate time is mutually agreed upon by the inspector and the licensee. An authorized inspector may include, but shall not be limited to, an animal control officer, the mayor of a city, the select board of a town, the town manager of a town, the chief of police, the police commissioner of the city of Boston or another designated official. The licensee or an authorized agent of the licensee shall be present during the inspection. If a kennel regulated under this section is located at a private residence, only the areas of the residence that are used for kennel purposes or for the maintenance of kennel records shall be required to be available for inspection.

(2) If, in the judgment of the commissioner or an authorized inspector, a kennel is not being maintained in a sanitary and humane manner or if records have not been properly kept as required by law and in compliance with this section, the commissioner or authorized inspector shall, by order, depending on the severity of the offense, suspend the license for the kennel or issue to the licensee a written citation or notice which explains the noncompliant issue and requires the licensee to come into compliance within a reasonable, specified timeframe. If the licensee fails to come into compliance within the time period specified by the commissioner or authorized inspector, the commissioner or authorized inspector shall, by order, revoke the license for the kennel.

(3) Enforcement under paragraph (2) by an animal control officer or authorized inspector may be appealed within 21 days to the district court in the judicial district in which the kennel is maintained. Enforcement under said paragraph (2) by the commissioner may be appealed within 21 days to the division of administrative law appeals pursuant to chapter 30A.