Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 410.000 - Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II › Section 410.630 - Conditions Deemed to Endanger or Materially Impair Health or Safety

Current through Register 1525, July 5, 2024
(A) The following conditions, when found to
			 exist in a residence, shall always be deemed conditions which may endanger or
			 materially impair the health, or safety and well-being of a person or persons
			 occupying the premises:
(1) Failure to
			 provide and maintain a supply of water sufficient in quantity, pressure and
			 temperature, both hot and cold, to meet the ordinary needs of the occupant,
			 required by
			 105
			 CMR 410.130,
			 105
			 CMR 410.140 and
			 105
			 CMR 410.150, for a period of 24 hours or
			 longer.
(2) Failure to provide heat
			 as required by
			 105
			 CMR 410.180 or improper venting or use of a
			 space heater or water heater prohibited by
			 105
			 CMR 410.160(C)  and
			 105
			 CMR 410.170.
(3) Shutoff and/or failure to restore
			 electricity, gas, or water.
(4)
			 Failure to provide the electrical facilities required by
			 105
			 CMR 410.300(A) through
			 (E).
(5) Failure to provide a safe supply of water
			 required by
			 105
			 CMR 410.130(A).
(6) Failure to provide a toilet, sink, shower
			 or bathtub and maintain a sewage disposal system in operable condition required
			 by 105 CMR 410.110(A) and
			 (B), and
			 105
			 CMR 410.130(B).
(7) Failure to provide and maintain as
			 required by
			 105
			 CMR 410.100(A):
(a) A kitchen sink of sufficient size and
			 capacity for washing dishes and kitchen utensils.
(b) If supplied by the owner, a conventional
			 cooktop and oven, or a refrigerator with freezer.
(8) Failure to provide and maintain adequate
			 exits, or the obstruction of any exit, passageway or common area caused by any
			 object, including refuse, which prevents egress in case of an emergency
			 required by
			 105
			 CMR 410.260.
(9) Failure to comply with the security
			 requirements of
			 105
			 CMR 410.270(A).
(10) Failure to comply with any provisions of
			 105
			 CMR 410.560 and
			 105
			 CMR 410.570, which results in any
			 accumulation of refuse, 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.
(11) The presence of lead based paint on a
			 dwelling or dwelling unit in violation of
			 105 CMR
			 460.000:
Lead Poisoning Prevention and
			 Control
. (
See
M.G.L. c. 111, §§ 190 through
			 199.)
(12) Roof, foundation, or
			 other structural defects in violation of
			 105
			 CMR 410.500 that may expose the occupant or
			 anyone else to fire, burns, shock, accident or other dangers or impairment to
			 health or safety.
(13) Failure to
			 install or maintain electrical, plumbing, heating and gas-burning facilities in
			 compliance with accepted standards as defined in
			 105
			 CMR 410.010 for plumbing, heating, gasfitting
			 and electrical wiring or failure to maintain such facilities required by
			 105
			 CMR 410.235 and
			 105
			 CMR 410.240, so as to expose the occupant or
			 anyone else to fire, burns, shock, accident or other danger or impairment to
			 health or safety.
(14) 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 powdered, crumbled or pulverized asbestos material in violation
			 of 105 CMR 410.250.
(15) Failure to provide a smoke detector or
			 carbon monoxide alarm required by
			 105
			 CMR 410.330.
(16) Failure to provide and maintain a
			 railing or guard for every stairway, porch, balcony, roof or similar place with
			 balusters spaced as required by
			 105
			 CMR 410.520.
(17) Failure to maintain the premises free
			 from pests required by
			 105
			 CMR 410.550(A) and
			 (B).
(18) Any other violation of
			 105 CMR
			 410.000 not enumerated in
			 105
			 CMR 410.630(A)  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.