reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 360.000 - TUBERCULOSIS TREATMENT UNIT STANDARDS FOR ADMISSION, TREATMENT AND DISCHARGE › Section 360.004 - Definitions

Current through Register 1525, July 5, 2024
Active Tuberculosis
. Tuberculosis in a
				state of active disease in any organ or tissue, with active reproduction of
Mycobacterium tuberculosis
as determined by positive culture
				for
M. tuberculosis
, or a diagnostic nucleic acid or other
				definitive laboratory test (in distinction to latent tuberculosis infection).
				The individual with active tuberculosis may or may not be infectious.
Adherence
. The extent to which a
				patient continues an agreed upon treatment plan for active or clinically
				suspected tuberculosis, including taking anti-tuberculosis medications and
				keeping health care appointments.
Adherence Support
. Any measures or
				interventions that assist an individual in achieving adherence with a regimen
				of treatment and care for tuberculosis. This may include, but is not limited
				to, assistance with food and shelter, incentives, enablers, and substance abuse
				and mental health treatment.
Clinically Suspected Tuberculosis
. A
				condition in which the individual has laboratory evidence (smear or culture or
				other test) consistent with, but not confirmatory of, tuberculosis or has chest
				X-ray findings interpreted as probable tuberculosis by a qualified medical
				authority.
Communicable
. The ability to transmit
				disease from one person or animal to another.
Confirmed Case of Tuberculosis
. An
				individual who meets the Centers for Disease Control and Prevention (CDC)
				criteria to verify a case as tuberculosis disease.
Drug Resistant Tuberculosis
.
				Tuberculosis caused by
tubercle bacilli
that are not
				susceptible to one or more anti-tuberculosis drugs.
Enablers
. A term used to describe
				those things that make it possible or easier for patients to receive treatment
				by overcoming barriers such as transportation difficulties.
Incentives
. Small rewards given to
				patients to encourage them to take their own medicines, keep their clinic
				appointments, or follow their directly observed therapy plan.
Latent Tuberculosis Infection
.
				Condition in which living
Mycobacterium tuberculosis
bacteria
				are present in an individual as evidenced by skin test or other test for
				determining the presence of tuberculosis infection. A person with latent
				tuberculosis infection does not have an illness and is not infectious until and
				unless they develop active tuberculosis.
Tubercle Bacillus/Bacilli
. A
bacillus
(bacteria) causing tuberculosis; usually refers to
Mycobacterium tuberculosis
.
Tuberculosis Program
. The program
				within the Department of Public Health that administers the provisions of
				105 CMR
				360.000.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 360.000 - TUBERCULOSIS TREATMENT UNIT STANDARDS FOR ADMISSION, TREATMENT AND DISCHARGE › Section 360.100 - Designation

Current through Register 1525, July 5, 2024
The Tuberculosis Program has the responsibility for designating
				and contracting with a treatment facility for a specialized Tuberculosis
				Treatment Unit and shall be responsible for the supervision and control of
				admissions, treatment, and discharges. Authority for the management of persons
				with tuberculosis or clinically suspected tuberculosis, admissions and
				discharges may be delegated to the treatment facility through contractual
				agreement or written policy.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 360.000 - TUBERCULOSIS TREATMENT UNIT STANDARDS FOR ADMISSION, TREATMENT AND DISCHARGE › Section 360.200 - Admissions

Current through Register 1525, July 5, 2024
(A) Admission to the Tuberculosis Treatment
			 Unit, as established by the Tuberculosis Program, is for the following persons
			 with a confirmed case of tuberculosis or clinically suspected tuberculosis who
			 cannot or should not be managed in the outpatient setting:
(1) Persons demonstrating continued inability
			 or unwillingness to adhere to proper medical treatment for confirmed or
			 clinically suspected tuberculosis in a communicable form. The admission may be
			 voluntary or involuntary. If the admission is involuntary, the procedures set
			 forth in M.G.L. c. 111, §§ 94A through 94C shall be followed. Least
			 restrictive measures shall be used first, and the patient shall be given the
			 opportunity for voluntary admission prior to an involuntary
			 admission.
(2) Persons with complex
			 medical management challenges that require close supervision in an inpatient
			 setting. These challenges include, but are not limited to: drug resistant
			 tuberculosis; progressive tuberculosis disease that is not improving with
			 outpatient management; toxic reactions to therapy; and concurrent illnesses
			 that interfere with or prohibit successful outpatient treatment of
			 tuberculosis.
(3) Persons with a
			 confirmed case of tuberculosis or clinically suspected tuberculosis, in a
			 communicable form, whose living arrangements are in congregate settings where
			 respiratory isolation is not possible and they present an immediate or imminent
			 public health threat.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 360.000 - TUBERCULOSIS TREATMENT UNIT STANDARDS FOR ADMISSION, TREATMENT AND DISCHARGE › Section 360.300 - Treatment Standards

Current through Register 1525, July 5, 2024
(A) Medical
			 treatment for tuberculosis shall be according to the current standards set
			 forth by the American Thoracic Society (ATS), CDC, and the Infectious Disease
			 Society of America (IDSA), or other qualified medical authority.
(B) Appropriate services for concurrent
			 medical and psychosocial problems, and other factors that are barriers to
			 adherence to care for tuberculosis, shall be part of the patient treatment
			 plan.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 360.000 - TUBERCULOSIS TREATMENT UNIT STANDARDS FOR ADMISSION, TREATMENT AND DISCHARGE › Section 360.400 - Discharge

Current through Register 1525, July 5, 2024
(A) Discharge planning shall involve the
			 Tuberculosis Treatment Unit staff and other health care providers within the
			 treatment facility, the Tuberculosis Program, the local board of health from
			 the community where the patient did or will reside, and other appropriate
			 community agencies. The designated discharge planner for the Tuberculosis
			 Treatment Unit shall be responsible for consulting with the necessary personnel
			 from the treatment facility, the Tuberculosis Program, the local board of
			 health and appropriate community agencies, and shall arrange for discharge
			 planning meetings. The Tuberculosis Program shall ensure that the appropriate
			 local boards of health personnel are involved in the discharge plan.
(B) The designated Tuberculosis Treatment
			 Unit shall host and facilitate multi-disciplinary health care provider
			 conferences at least monthly to review patient progress and discharge plans in
			 accordance with Tuberculosis Program standards.
(C) The Tuberculosis Treatment Unit shall
			 notify the Tuberculosis Program prior to the discharge of the patient in
			 accordance with Tuberculosis Program standards.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 365.000 - STANDARDS FOR MANAGEMENT OF TUBERCULOSIS OUTSIDE HOSPITALS › Section 365.100 - Public Health Precautions

Current through Register 1525, July 5, 2024
(A) The period of
			 infectivity for tuberculosis is defined in
			 105 CMR
			 300.200:
Isolation and Quarantine
			 Regulations
.
			 105 CMR
			 300.200 determines when health care providers
			 may discontinue isolation precautions and when individuals with confirmed or
			 clinically suspected tuberculosis may resume community activities and community
			 living. This includes but is not limited to resuming employment, school
			 attendance, shelter living or other residential living arrangements.
(B) Outpatient facilities (including but not
			 limited to, hospital outpatient departments, clinics and medical office
			 buildings where active tuberculosis cases are seen for treatment) shall follow
			 current national and local infection control guidelines for the isolation of
			 individuals who are excreting
tubercle bacilli
into the room
			 air and who may be infectious to others.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 365.000 - STANDARDS FOR MANAGEMENT OF TUBERCULOSIS OUTSIDE HOSPITALS › Section 365.200 - Case Management

Current through Register 1525, July 5, 2024
(A) Case management
			 for tuberculosis is defined as the coordination of the medical, nursing,
			 outreach, adherence support, and social service systems that will ensure that
			 all persons with confirmed and clinically suspected tuberculosis are started on
			 appropriate therapy, and that all persons with confirmed tuberculosis complete
			 an appropriate and effective course of treatment.
(B)
(1) All
			 persons with confirmed or clinically suspected tuberculosis shall have a nurse
			 case manager designated by the local board of health who will work in
			 consultation and cooperation with the Tuberculosis Program, as necessary. This
			 case management is required regardless of the source of health care (public or
			 private) and the ability to pay for the services or medications. The
			 Tuberculosis Program shall assign Tuberculosis Surveillance Nurses and
			 epidemiologists, as necessary, to work cooperatively and in consultation with
			 local board of health authorities and the nurse case manager designated by the
			 local board of health, to ensure that a case management system is in place for
			 every confirmed or clinically suspected case of tuberculosis.
(2) In consultation with the treating health
			 care provider, the nurse case manager, designated by the local board of health,
			 determines that a medical treatment plan is in place and is in accordance with
			 the current American Thoracic Society (ATS), CDC, and the Infectious Disease
			 Society of America (IDSA) treatment standards.
(3) The initial case assessment and contact
			 investigation by the local board of health shall begin within three working
			 days of notification of a potential case of infectious tuberculosis. Contacts
			 to the case shall be identified and categorized for their risk of tuberculosis
			 infection as determined by their level of exposure and the person's potential
			 for infectiousness. Contacts shall be investigated according to current ATS,
			 CDC, and the IDSA standards and the policies of the Tuberculosis Program.
			 Contact investigation reports shall be prepared and updated in accordance with
			 the Tuberculosis Program policies and procedures.
(4) An individualized nursing care plan shall
			 be developed by the nurse case manager designated by the board of health to
			 advance the individual needs of the person who has confirmed or clinically
			 suspected tuberculosis. The nursing care plan content, and standards of care
			 management, shall be consistent with standards established by the Tuberculosis
			 Program.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 365.000 - STANDARDS FOR MANAGEMENT OF TUBERCULOSIS OUTSIDE HOSPITALS › Section 365.300 - Medical Care and Follow-up

Current through Register 1525, July 5, 2024
(A) All persons
			 with confirmed or clinically suspected tuberculosis shall have an identified
			 responsible physician, qualified and licensed to practice medicine, or a nurse
			 practitioner licensed to practice in the expanded role under supervision, to
			 provide medical supervision. Medical treatment for tuberculosis shall be
			 according to the current standards set forth by the ATS, CDC, and the IDSA or
			 other qualified medical authority, for chemotherapy and follow-up. The
			 Tuberculosis Program shall make these standards available and provide
			 consultation regarding appropriate therapy, when necessary.
(B) Providers responsible for medical
			 management of persons with confirmed or clinically suspected tuberculosis
			 disease shall work in cooperation with the local board of health and the
			 Tuberculosis Program for the purposes of case management as outlined in
			 105 CMR
			 365.200.
(C) Providers must also notify the local
			 board of health in the town where the patient resides and the Tuberculosis
			 Program of any person with confirmed or clinically suspected tuberculosis, in a
			 communicable form, who is unable or unwilling to receive proper medical care
			 and, as such, poses a threat to the public health.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 365.000 - STANDARDS FOR MANAGEMENT OF TUBERCULOSIS OUTSIDE HOSPITALS › Section 365.400 - Tuberculosis Infection Management

Current through Register 1525, July 5, 2024
Management and treatment of persons infected with tuberculosis,
				but without active disease, shall be provided in accordance with the current
				standards set forth by the ATS, CDC, and the ISDA or other qualified medical
				authority.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 365.000 - STANDARDS FOR MANAGEMENT OF TUBERCULOSIS OUTSIDE HOSPITALS › Section 365.600 - Discharge of an Inpatient Tuberculosis Patient to Outpatient Treatment

Current through Register 1525, July 5, 2024
Any acute or chronic care hospital or any other institution
				which provides health care to residents, including but not limited to: prisons;
				jails; residential treatment centers; nursing homes and rest homes, which plan
				to discharge a person with confirmed or clinically suspected tuberculosis into
				the community, shall do discharge planning in collaboration with the
				Tuberculosis Program.
The Tuberculosis Program shall be notified of such persons with
				confirmed or clinically suspected tuberculosis, upon his or her admission to
				the hospital or institution, or upon recognition of their confirmed or
				suspected state, in order to begin the process of outpatient case management
				planning.
A pre-discharge conference regarding case management shall be
				held and shall include the designated board of health case manager, the
				discharge planner and medical providers, and the Tuberculosis Surveillance
				Nurse from the Tuberculosis Program, as necessary. A plan for appropriate
				medical, nursing, and community agency follow-up shall be made prior to
				discharge into the community.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 400.000 - State Sanitary Code Chapter I: General Administrative Procedures › Section 400.001 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				105 CMR 400.000 is to set
				forth administrative procedures to be followed in enforcement of the State
				Sanitary Code established under M.G.L. c. 111, § 127A. It shall supplement
				procedures set forth in other chapters of the State Sanitary
				Code.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 400.000 - State Sanitary Code Chapter I: General Administrative Procedures › Section 400.002 - Authority

Current through Register 1525, July 5, 2024
105 CMR 400.000 is adopted
				under authority of M.G.L. c. 111, § 3 and 127A.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 400.000 - State Sanitary Code Chapter I: General Administrative Procedures › Section 400.003 - Citation

Current through Register 1525, July 5, 2024
105 CMR 400.000 shall be
				known, and may be cited as,
				105 CMR 400.000:
State Sanitary Code, Chapter I: General Administrative
				Procedures.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 400.000 - State Sanitary Code Chapter I: General Administrative Procedures › Section 400.010 - Scope of the State Sanitary Code

Current through Register 1525, July 5, 2024
The State Sanitary Code, shall apply throughout the
				Commonwealth unless and to the extent the provisions of any chapter are
				expressly limited.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 400.000 - State Sanitary Code Chapter I: General Administrative Procedures › Section 400.015 - Effect of the State Sanitary Code on Local Regulations

Current through Register 1525, July 5, 2024
Unless otherwise expressly provided in any other article, the
				legally designated health authority of any city, town, country, or other
				legally constituted governmental unit within the Commonwealth having the usual
				powers and duties of the board of health may, as it considers necessary to
				promote and protect the health and well being of the particular locality under
				its jurisdiction, adopt under its own legal power as exists in the General Laws
				any rules or regulations containing requirements stricter than those contained
				in the State Sanitary Code. Nor should the existence of the State Sanitary Code
				limit or otherwise affect the power of any health authority with respect to any
				matter for which the State Sanitary Code makes no provision.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 400.000 - State Sanitary Code Chapter I: General Administrative Procedures › Section 400.100 - Inspections

Current through Register 1525, July 5, 2024
(A)
Inspection
			 Authority
. In order to properly carry out their respective
			 responsibilities under the State Sanitary Code and properly to protect the
			 health and well-being of the people of the Commonwealth, the board of health
			 and the Department of Public Health or the authorized agent or representative
			 of either are authorized to enter, examine, or survey at any reasonable time
			 such places as they consider necessary, and otherwise to conduct such
			 examination or survey as is expressly provided in any other chapter of the
			 State Sanitary Code.
(B)
Systematic Area Inspections
. The board of health and
			 the Department of Public Health or the authorized agent or representative of
			 either are authorized to develop and adopt plans for the systematic, periodic
			 area inspection of dwellings, dwelling units, rooming houses, and rooming
			 units.
(C)
Interference
. If any owner, occupant, or other person
			 refuses, impedes, inhibits, interferes with, restricts, or obstructs entry and
			 free access to every part of the structure, operation or premise where
			 inspection authorized by the State Sanitary Code is sought, the board of health
			 or the Commissioner of Public Health or the authorized agent or representative
			 of either may:
(1) seek in a court of
			 competent jurisdiction a search warrant so as to apprise the owner, occupant or
			 other person concerning the nature of the inspection and justification for it
			 and may seek the assistance of police authorities in presenting said warrant
			 and/or
(2) revoke or suspend any
			 license, permit or other permission regulated under the State Sanitary Code
			 where inspection of the structure, operation or premises is sought to determine
			 compliance with the State Sanitary Code.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 400.000 - State Sanitary Code Chapter I: General Administrative Procedures › Section 400.200 - Local Enforcement

Current through Register 1525, July 5, 2024
(A)
General Procedures
. Unless otherwise expressly
			 provided in any article of the State Sanitary Code, each board of health may
			 enforce the State Sanitary Code by fine in accordance with
			 105 CMR 400.700, or
			 otherwise at law or in equity in the same manner that local rules and
			 regulations are enforced; except however,
			 105 CMR 400.000 does not
			 authorize a bill in equity in lieu of
			 105 CMR
			 400.100(C).
(B)
Emergency
			 Procedures
.
(1) Whenever an
			 emergency exists in which the interest of protecting the public health requires
			 that ordinary procedures be dispensed with, the board of health or its
			 authorized agent, acting in accordance with the provisions of M.G.L. c. 111,
			 § 30, may, without notice or hearing, issue an order reciting the
			 existence of the emergency and requiring that such action be taken as the board
			 of health deems necessary to meet the emergency. Notwithstanding any other
			 provision of the State Sanitary Code, any person to whom such order is directed
			 shall comply therewith within the time specified in the order. Each day's
			 failure to comply with the order shall constitute a separate offense. Upon
			 compliance with the order and within seven days after the day the order has
			 been served, he may file a written petition in the office of the board of
			 health requesting a hearing. He shall be granted a hearing as soon as possible
			 but not later than ten days after the filing of the petition. The procedures
			 for such hearing shall otherwise conform with the hearing requirements which
			 would have existed had the order been issued under non-emergency
			 circumstances.
(2) No provision of
			 this subsection shall be construed as a limitation on the emergency powers of
			 the Department of Public Health of the Commonwealth.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 400.000 - State Sanitary Code Chapter I: General Administrative Procedures › Section 400.300 - State Enforcement

Current through Register 1525, July 5, 2024
(A) If as a result
			 of any study, inspection, or survey made under
			 105 CMR 400.000 or under
			 the provisions of any other chapter of the State Sanitary Code the Commissioner
			 of Public Health or his authorized representative determines that compliance
			 with the State Sanitary Code has not been effected, he shall, in writing,
			 notify the appropriate board of health of such determination, allotting a
			 reasonable time in which compliance shall be effected, and requesting that the
			 board of health, in writing, notify the Commissioner of Public Health of what
			 action it has taken, and what other action has been taken to effect compliance
			 with the State Sanitary Code.
(B)
			 If the commissioner is not so notified, or if after notification he determines
			 that action sufficient to effect compliance with the provisions of the State
			 Sanitary Code has not been taken, the local board of health shall be deemed to
			 have failed to effect compliance with the State Sanitary Code.
(C) Whenever any local board of health has
			 failed after a reasonable length of time to enforce the State Sanitary Code,
			 the Commissioner of Public Health of the Commonwealth or his designated
			 representative may act for the Commonwealth in any way that the local board of
			 health is authorized to act to effect compliance.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 400.000 - State Sanitary Code Chapter I: General Administrative Procedures › Section 400.400 - Service of Orders

Current through Register 1525, July 5, 2024
(A) Unless
			 otherwise stated in any chapter in the State Sanitary Code, orders issued under
			 the provisions of the State Sanitary Code shall be served on all persons
			 responsible for the violation of regulations.
(B) These orders shall be served in the
			 following manner:
(1) personally, by any
			 person authorized to serve civil process, or
(2) by any person authorized to serve civil
			 process by leaving a copy of the order at his last and usual place of abode,
			 or
(3) by sending him a copy of the
			 order 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 of the order in a conspicuous place on or about the premises and
			 by advertising it for at least three out of five consecutive days in one or
			 more newspapers of general circulation within the municipality wherein the
			 building or premises affected is situated.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 400.000 - State Sanitary Code Chapter I: General Administrative Procedures › Section 400.500 - Hearings

Current through Register 1525, July 5, 2024
(A)
Procedure for Requesting and
			 Holding Hearing
. Unless otherwise specified in the State Sanitary
			 Code, the person or persons to whom any order has been served pursuant to any
			 regulation of the State Sanitary Code may request a hearing before the board of
			 health by filing with the board of health within seven days after the day the
			 order was served, a written petition requesting a hearing on the matter. Upon
			 receipt of such petition, the board of health shall set a time and place for
			 such hearing and shall inform the petitioner thereof in writing. The hearing
			 shall be commenced not later than 30 days after the day on which the order was
			 served. The board of health, upon application of the petitioner, may postpone
			 the date of hearing for a reasonable time beyond such 30-day period if in the
			 judgment of the board of health the petitioner has submitted a good and
			 sufficient reason for such postponement.
(B)
Hearing of
			 Petitioner
. At the hearing the petitioner shall be given an
			 opportunity to be heard and to show why the order should be modified or
			 withdrawn.
(C)
Procedure by the Board After Hearing
. After the
			 hearing the board of health shall sustain, modify, or withdraw the order and
			 shall inform the petitioner in writing of its decision. 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.
(D)
Public Record
.
			 Every notice, order, or other record prepare d 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.
(E)
Hearing
			 Petition not Submitted, or Sustaining of Order
. If a written
			 petition for a hearing is not filed with the board of health within seven days
			 after the day an order has been served or if after a hearing the order has been
			 sustained in any part, each day's failure to comply with the order as issued or
			 modified shall constitute an additional offense.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 400.000 - State Sanitary Code Chapter I: General Administrative Procedures › Section 400.600 - Judicial Appeals

Current through Register 1525, July 5, 2024
Any person aggrieved by the final decision of the board of
				health with respect to the denial of plan approval, the denial of revocation or
				failure to renew a license, or with respect to any order issued under the
				provisions of the State Sanitary Code may seek relief therefrom in any court of
				competent jurisdiction, as provided by the laws of this
				Commonwealth.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 400.000 - State Sanitary Code Chapter I: General Administrative Procedures › Section 400.700 - Penalties

Current through Register 1525, July 5, 2024
(A)
Interference After Search
			 Warrant Presented
. Any owner, occupant, or other person who
			 refuses, impedes, inhibits, interferes with, restricts or obstructs entry and
			 free access to every part of the structure, operation or premises where
			 inspection authorized by the State Sanitary Code is sought after a search
			 warrant has been obtained and presented in accordance with
			 105 CMR
			 400.100(C), shall be fined
			 not less than ten nor more than $500.
(B)
Failure to Comply With an
			 Order
. Any person who shall fail to comply with any order issued
			 pursuant to the provisions of the State Sanitary Code shall upon conviction be
			 fined not less than ten nor more than $500. Each day's failure to comply with
			 an order shall constitute a separate violation.
(C)
Penalties not Otherwise
			 Provided
. Any person who shall violate any provision of the State
			 Sanitary Code for which penalty is not otherwise provided in any of the General
			 Laws or in any other provision of the State Sanitary Code shall upon conviction
			 be fined not less than ten nor more than $500.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 400.000 - State Sanitary Code Chapter I: General Administrative Procedures › Section 400.800 - Variance

Current through Register 1525, July 5, 2024
(A)
Variance
			 Permitted
. The board of health may vary the application of any
			 provision of this article 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 any minimum standard established by the State
			 Sanitary Code. Any variance granted by the board of health shall be in writing.
			 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 grant of variance
			 shall be filed with the Commissioner of Public Health of the
			 Commonwealth.
(B)
Expiration, Modification, Suspension
. Any variance or
			 other modification authorized to be made by this article 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 this article may otherwise be revoked, modified, or suspended, in whole or
			 in part, only after the holder thereof has been notified in writing and has
			 been given a n opportunity to be heard, in conformity with the requirements for
			 an order and hearing of
			 105 CMR 400.400
			 and
			 400.500.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 400.000 - State Sanitary Code Chapter I: General Administrative Procedures › Section 400.900 - Severability

Current through Register 1525, July 5, 2024
If any chapter, section, paragraph, sentence, clause, phrase,
				or word of the State Sanitary Code shall be declared invalid for any reason
				whatsoever, that decision shall not affect any other portion of the State
				Sanitary Code, which shall remain in full force and effect; and to this end the
				provisions of the State Sanitary Code are hereby declared
				severable.
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 410.001 - Purpose

Current through Register 1525, July 5, 2024
The purposes of
				105 CMR
				410.000 are to:
(A) Establish minimum standards for housing
			 to protect the health, safety, and well-being of occupants and the general
			 public;
(B) Provide enforcement
			 procedures for boards of health to ensure compliance with
			 105 CMR
			 410.000; and
(C) Facilitate the use of legal remedies
			 available to occupants of substandard housing.
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 410.002 - Authority

Current through Register 1525, July 5, 2024
(A) The provisions of
			 105 CMR
			 410.000 apply to all residences as defined in
			 105
			 CMR 410.010, unless otherwise specified in
			 105 CMR
			 410.000. Applicable requirements of Massachusetts
			 General Law, 780 CMR:
State Board of Building Regulations and
			 Standards
and other specialized codes included in M.G.L. c. 143,
			 § 96 shall be adhered to in the design, construction, and maintenance of
			 buildings, structures and equipment.
(B) The provisions of
			 105 CMR
			 410.000 shall not apply to any residence:
(1) Otherwise required to conform to minimum
			 habitation standards specified in other chapters of the State Sanitary Code, or
			 otherwise exempt by statute;
(2)
			 Used exclusively as a temporary overnight shelter;
(3) Owned by an agency of the
			 Commonwealth;
(4) In any hospital,
			 convalescent, nursing home, or rest home licensed by the Department of Public
			 Health in accordance with the provisions of M.G.L. c. 111, § 51 or 71,
			 unless regulations pertaining to such facilities require compliance with
			 105 CMR
			 410.000; or
(5) On a federal military base or where
			 enforcement is otherwise pre-empted by federal law.
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 410.003 - General Provisions

Current through Register 1525, July 5, 2024
(A) No owner shall
			 allow a person to occupy, offer to rent, or occupy as owner-occupant any
			 residence which does not comply with the requirements of
			 105 CMR
			 410.000.
(B) Unless otherwise specified in
			 105 CMR
			 410.000, the owner is responsible for providing all
			 maintenance, repairs, and equipment necessary to achieve compliance with
			 105 CMR
			 410.000.
(C) No owner or occupant shall cause any
			 service, facility, equipment, or utility which is required to be made available
			 by 105 CMR
			 410.000, or any optional service, facility, equipment,
			 or utility provided by the owner, to be removed from or shut off from any
			 occupied residence 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,
			 facility, equipment, or utility becomes curtailed, the responsible party shall
			 take immediate steps to cause its restoration. (
See
M.G.L. c.
			 186, § 14.)
(D) An owner may
			 only remove owner-installed optional equipment when a unit has been vacated or
			 prior to a new tenancy.
(E) Every
			 occupant of a residence, upon reasonable notice and if possible by appointment,
			 shall give the owner thereof, or the owner's representative, access to the
			 residence for the purpose of effecting compliance with the provisions of
			 105 CMR
			 410.000. Access shall be at a reasonable time and
			 shall include, but not be limited to, any cooperation required for repairs,
			 alterations, pest elimination, and service of utilities. An owner shall provide
			 at least 48 hours notice to the occupant, except for emergency repairs for
			 which no notice is required.
(F)
			 Every occupant of a residence shall maintain the residence in a sanitary
			 condition.
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 410.100 - Kitchen Facilities

Current through Register 1525, July 5, 2024
(A) For dwelling
			 units and shared kitchen facilities, the owner shall provide and maintain, in
			 compliance with the manufacturer's intended use, the following facilities
			 suitable to store, prepare and serve foods in a sanitary manner:
(1) Cabinets, pantry or shelving;
(2) A countertop;
(3) A kitchen sink of sufficient size and
			 capacity for washing dishes and kitchen utensils;
(4) The space and proper facilities for the
			 installation of a refrigerator with freezer, cooktop and oven;
(5) A conventional cooktop and oven unit with
			 at least 1.7 cubic feet of oven area except and to the extent the occupant is
			 required to provide and maintain these items under a written rental agreement;
			 and
(6) A refrigerator with freezer
			 containing a combined storage area of at least 11.0 cubic feet except and to
			 the extent the occupant is required to provide and maintain these items under a
			 written rental agreement.
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 410.110 - Bathroom Facilities: Sinks, Toilets, Tubs, and Showers

Current through Register 1525, July 5, 2024
(A) The owner shall provide a bathroom which:
(1) Is not used for living, sleeping, cooking
			 or eating purposes;
(2) Is
			 accessible from within the building without passing through any part of another
			 dwelling unit or rooming unit; and
(3) Has a door capable of being closed.
			 Bathrooms in homeless shelters shall not require a door capable of being closed
			 provided the entry to the bathroom is designed to block the view from an
			 adjacent room or common area.
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 410.120 - Approved Toilets

Current through Register 1525, July 5, 2024
The following are approved for residential use:
(A) Flush toilets.
(B) Humus/Composting toilets provided they
			 meet the requirements of
			 310 CMR
			 15.000:
The State Environmental Code, Title 5:
			 Standard Requirements for the Siting, Construction, Inspection, Upgrade and
			 Expansion of On-site Sewage Treatment and Disposal Systems and for the
			 Transport and Disposal of Septage
.
(C) Incinerating toilets provided they meet
			 the requirements of
			 248 CMR
			 10.00:
Uniform State Plumbing
			 Code
.
(D) A privy, as
			 defined in
			 310 CMR
			 15.000:
The State Environmental Code, Title 5:
			 Standard Requirements for the Siting, Construction, Inspection, Upgrade and
			 Expansion of On-site Sewage Treatment and Disposal Systems and for the
			 Transport and Disposal of Septage and for the Transport and Disposal of
			 Septage
, or chemical toilet, provided it is approved in writing by the
			 board of health. The board of health shall not approve a privy or chemical
			 toilet that:
(1) Endangers the health of any
			 person; or
(2) Causes objectionable
			 odors or other undue annoyance.
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.
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 410.130 - Potable Water/Sanitary Drainage

Current through Register 1525, July 5, 2024
(A) The
			 owner shall provide a supply of potable water sufficient in quantity and
			 pressure to meet the ordinary needs of every occupant.
(B) For each residence, the owner shall
			 provide and maintain in a sanitary condition a sanitary drainage system
			 consisting of:
(1) A lawful connection to the
			 public sewerage system;
(2) A means
			 of on-site sewage disposal in compliance with
			 310 CMR
			 15.000:
The State Environmental Code, Title 5:
			 Standard Requirements for the Siting, Construction, Inspection, Upgrade and
			 Expansion of On-site Sewage Treatment and Disposal Systems and for the
			 Transport and Disposal of Septage
; or
(3) A lawful connection to a privately owned
			 wastewater treatment facility permitted in accordance with
			 314 CMR
			 3.00:
Surface Water Discharge Permit
			 Program
or
			 314 CMR
			 5.00:
Ground Water Discharge Permit
			 Program
.
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 410.140 - Plumbing Connections

Current through Register 1525, July 5, 2024
(A) Every required
			 kitchen sink, bathroom sink, and shower or bathtub shall be connected to the
			 hot and cold water lines of the water distribution system and to a sanitary
			 drainage system in compliance with accepted standards as defined in
			 105
			 CMR 410.010.
(B) Every flush toilet shall be connected to
			 the water distribution system and to a sanitary drainage system in compliance
			 with accepted standards as defined in
			 105
			 CMR 410.010.
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 410.150 - Hot Water

Current through Register 1525, July 5, 2024
The owner shall provide and maintain in good operating
				condition facilities capable of heating and delivering hot water:
(A) 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.
(B) In a temperature range of not less than
			 110°F (43°C) and not greater than 130°F (54°C) for fixtures
			 other than a bathtub or shower.
(C)
			 In a temperature range of not less than 110°F (43°C) and not greater
			 than 120°F (48°C) for a bathtub or shower.
(D) 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.
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 410.151 - Shared Facilities

Current through Register 1525, July 5, 2024
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 shall maintain that toilet, wash basin, shower,
				bathtub, walls and floors in a clean and sanitary condition, which shall
				include the cleaning and sanitizing of said fixtures at least once every 24
				hours.
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 410.152 - Privies and Chemical Toilets Prohibited; Exceptions

Current through Register 1525, July 5, 2024
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 310 CMR 15.00, qualify as a toilet within the requirements of
				105 CMR
				410.150(A)  (
see
105 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.
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 410.160 - Heating Systems

Current through Register 1525, July 5, 2024
(A) The owner shall
			 provide and maintain in good operating condition a heating system that includes
			 a distribution system capable of heating every habitable room and every room
			 containing a toilet, shower, or bathtub to such temperature required by
			 105
			 CMR 410.180.
(B) The following shall not meet the
			 requirements of a heating system:
(1)
			 Fireplace;
(2) Wood or pellet
			 stove; or
(3) Portable electric
			 space heater.
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 410.170 - Venting

Current through Register 1525, July 5, 2024
(A) All devices that combust fuel including,
			 but not limited to, furnaces, boilers, wood stoves, pellet stoves, water
			 heaters and space heaters permitted under
			 105
			 CMR 410.160, shall be properly vented to the
			 outdoors in compliance with accepted standards as defined in
			 105
			 CMR 410.010 except unvented propane or
			 natural gas-fired space heaters approved in accordance with
			 527 CMR
			 1.00:
Massachusetts Comprehensive Fire Safety
			 Code
.
(B) All electric and
			 gas clothes drying equipment shall be vented to the outdoors except electric
			 dryers listed and labeled as ventless by the manufacturer.
(C) All electric hoods for ranges shall be
			 vented to the outdoors, except electric hoods listed and labeled as ductless or
			 recirculating by the manufacturer.
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 410.180 - Temperature Requirements

Current through Register 1525, July 5, 2024
(A) The owner shall
			 provide heat in every habitable room and every room containing a toilet,
			 shower, or bathtub from September 15th through May
			 31st so that it shall be:
(1) At least 68°F (20°C) between 7:00
			 A.M. and 11:00 P.M.; and
(2) At
			 least 64°F (17°C) between 11:01 P.M. and 6:59 A.M.
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 410.190 - Hot Water

Current through Register 1525, July 5, 2024
The owner shall provide and maintain in good operating
				condition the facilities capable of heating water. The owner shall also provide
				the hot water for use at a temperature of not less than 110°F (43° 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°F (54° 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.
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 410.200 - Provision and Metering of Electricity or Gas

Current through Register 1525, July 5, 2024
(A) The owner shall provide the electricity
			 or gas used in each dwelling unit unless:
(1)
			 Such electricity or gas is metered through a meter which serves only the
			 dwelling unit or other area under the exclusive use of an occupant of that
			 dwelling unit, except as allowed by
			 105
			 CMR 410.300(F);
			 and
(2) A written rental agreement
			 provides for payment by the occupant.