reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.169 - Report of Communicable Disease Hazard to Department

Current through Register 1525, July 5, 2024
The superintendent or administrator, when he knows or has
				reason to believe that any employee or inmate has contracted any disease in a
				communicable form transmissible through food or water or has become a carrier
				of such disease, shall immediately notify the Department.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.200 - Food Storage, Preparation and Service

Current through Register 1525, July 5, 2024
All food storage, preparation and service shall be in
				accordance with
				105 CMR 590.000:
Minimum Sanitation Standards for Food Establishments State Sanitary
				Code Article X
.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.210 - Necessary Clothing

Current through Register 1525, July 5, 2024
Each inmate shall be furnished with proper clothing to preserve
				health and comfort at all times of the year if his own wardrobe is not
				permitted, or is not adequate for these purposes.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.211 - Laundry

Current through Register 1525, July 5, 2024
Each inmate shall be provided access on no less than a weekly
				basis to adequate laundry facilities for the purpose of washing personal
				laundry; provided, that if access cannot be provided for security purposes the
				administrator or superintendent shall provide the laundry
				service.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.212 - Recreational Opportunities

Current through Register 1525, July 5, 2024
Unless security or safety considerations dictate otherwise,
				each inmate should be afforded the opportunity for recreation and exercise for
				personal enjoyment and physical fitness outside of his cell as follows:
(A) Each inmate in general population shall
			 be afforded not less than one hour per day of exercise outside of his
			 cell.
(B) Each inmate within
			 special management or disciplinary units shall be afforded not less than one
			 hour per day, five days a week, of exercise outside his cell.
(C) Outdoor exercise and recreation should be
			 provided when weather permits.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.213 - Recreational Space and Equipment

Current through Register 1525, July 5, 2024
(A) The
			 facility shall have indoor and outdoor space for active sports and large muscle
			 activities.
(B) All new facilities
			 built after July 1, 1999 shall have indoor and outdoor spaces for recreational
			 purposes, as follows:
(1) Outdoor exercise
			 areas in facilities where 100 or more inmates utilize one recreation area shall
			 have 15 square feet per inmate for the maximum number of inmates expected to
			 use the space at one time, but not less than 1,500 square feet of unencumbered
			 space.
(2) Outdoor exercise areas
			 in facilities where less than 100 inmates have unlimited access to an
			 individual recreation area shall have 15 square feet per inmate for the maximum
			 number of inmates expected to use the space at one time, but not less than 750
			 square feet of unencumbered space.
(3) Covered and enclosed exercise areas in
			 facilities where 100 or more inmates utilize one recreation area shall have 15
			 square feet per inmate for the maximum number of inmates expected to use the
			 space at one time, but not less than 1,000 square feet of unencumbered space
			 with a minimum ceiling height of 18 feet.
(4) Covered and enclosed exercise areas where
			 less than 100 inmates utilize one recreation area shall have 15 square feet per
			 inmate for the maximum number of inmates expected to use the space at one time,
			 but not less than 500 square feet of unencumbered space with a minimum ceiling
			 height of 18 feet.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.214 - Tobacco Use: Prohibited

Current through Register 1525, July 5, 2024
No person shall smoke or have in his possession any lighted
				cigar, cigarette or other tobacco product in:
(A) Any food storage, preparation or service
			 area or in any are a where food is being consumed; or
(B) Any areas used for the delivery of health
			 services.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.218 - Windows to Outdoors in New or Renovated Facilities

Current through Register 1525, July 5, 2024
Within a new facility or a part of a facility constructed or
				renovated after the effective date of 105 CMR 451.218:
(A) each inmate in the general population who
			 is confined to a cell/room for less than ten hours per day, shall have access
			 to natural light through an opening or window of at least three square feet
			 between their cell and adjacent space.
(B) each inmate in the general population who
			 is confined to a cell/room for more than ten hours per day, shall have access
			 to natural light by means of an opening or window at least three square feet
			 and providing a view to the outside.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.320 - Cell Size: Existing Facilities

Current through Register 1525, July 5, 2024
Each cell or sleeping area in an existing facility should
				contain at least 60 square feet of floor space for each occupant, calculated on
				the basis of total habitable room area, which does not include areas where
				floor-to-ceiling height is less than eight feet.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.321 - Cell Size in New or Renovated Facilities

Current through Register 1525, July 5, 2024
Each cell in a new facility or a part of a facility constructed
				after the effective date of
				105 CMR 451.000 should
				contain:
(A) For segregation and
			 special management areas where inmates are usually locked in for greater than
			 ten hours per day, at least 80 square feet of floor space for a single
			 inmate.
(B) For inmates usually
			 locked in for less than ten hours per day, contain at least 70 square feet of
			 floor space for a single inmate.
Provided, however, two inmates may occupy a room or cell
				designed for double occupancy which has a floor space of 120 square
				feet.
Floor space shall be calculated on the basis of total habitable
				room area which does not include areas where floor-to-ceiling height is less
				than eight feet.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.322 - Dormitories in New or Renovated Facilities

Current through Register 1525, July 5, 2024
Each dormitory in a new facility or a part of a facility
				constructed after the effective date of
				105 CMR 451.000 should
				contain a minimum of 60 square feet for each occupant. Floor space shall be
				calculated on the basis of total habitable room area which does not include
				areas where the floor-to-ceiling height is less than eight
				feet.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.330 - Heating

Current through Register 1525, July 5, 2024
Each facility should provide heating for every cell, bathroom
				and toilet compartment, and other habitable area, at a temperature of at least
				68°F, between 7:00 A.M. and 11:00 P.M, and at least 64°F, between 11:01
				P.M. and 6:59 A.M., every day other than during the period from June 15th to
				September 15th, inclusive, in each year. The temperature should at no time
				exceed 78°F during the heating season. For each degree below 15° below
				0°F that the temperature falls, the minimum temperature requirement may
				likewise be reduced by 1°F. The temperature is read at a height of three
				feet above floor level at any point in the room more than two feet from the
				inside of every exterior wall.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.331 - Radiators and Heating Pipes

Current through Register 1525, July 5, 2024
Each radiator and heating pipe with which individuals may come
				in contact should be shielded to protect individuals from
				burns.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.340 - Illumination

Current through Register 1525, July 5, 2024
Each facility should provide natural and artificial
				illumination for each habitable space in accordance with 780 CMR the State
				Building Code, and with
				105 CMR
				451.341 through
				105 CMR
				451.346.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.341 - Natural Light in Cell

Current through Register 1525, July 5, 2024
Each cell should be located so that each inmate can see natural
				light from his cell. This is especially important for inmates incarcerated for
				long daily periods.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.343 - Electric Fixtures in Cell

Current through Register 1525, July 5, 2024
Each cell should have for each inmate at least one wall
				convenience outlet and at least one electric light fixture containing a bulb of
				at least 60 watts which is conveniently located for reading providing at least
				20 foot-candles at desk level.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.344 - Illumination in Habitable Areas

Current through Register 1525, July 5, 2024
Each facility should have working electric fixtures with bulbs
				located so that illumination is available for the safe and reasonable use of
				every laundry, bathroom or toilet room, food service department, pantry, foyer,
				community corridor, recreation area, closet, and storage
				space.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.345 - Illumination in Common Passageways and Areas

Current through Register 1525, July 5, 2024
Each facility should have light switches and fixtures with
				bulbs located so that illumination is available for the safe and reasonable use
				of all cellars, porches, exterior stairways, and common yard areas by inmates,
				visitors, and employees.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.346 - Safe Wiring

Current through Register 1525, July 5, 2024
No wiring should lie under a rug or other floor covering, nor
				extend through a doorway or other opening in a structural element. No temporary
				wiring should be used or made available for use by inmates or employees;
				provided, that extension cords which connect portable electric appliances or
				fixtures to convenience outlets shall not be considered temporary
				wiring.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.350 - Structural Maintenance

Current through Register 1525, July 5, 2024
The foundations, floors, walls, doors, windows, ceilings,
				roofs, staircases, porches, chimneys, and other structural elements of the
				facility should be maintained so that the facility excludes wind, rain, and
				snow, and is rodent-proof, watertight and free from chronic dampness, weather
				tight, in good repair, and in every way fit for the use intended. Further,
				every interior structural element should be maintained free from holes, cracks,
				loose plaster, or other defect which renders the area difficult to keep clean,
				or which constitutes an accident hazard or provides insect or rodent
				harborage.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.351 - Handrails

Current through Register 1525, July 5, 2024
A safe handrail and supporting baluster or other protective
				device should be provided on both sides of every stairway.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.352 - Bathroom Floors and Walls

Current through Register 1525, July 5, 2024
The floors of every bathroom or toilet compartment and the
				walls to a height of 48 inches of every bathing place should be constructed of
				non-absorbent material which is easily cleanable. Linoleum, ceramic tile, vinyl
				wall paper, or epoxy-type paints are recommended.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.353 - Interior Maintenance

Current through Register 1525, July 5, 2024
The interior of the facility should be maintained in good
				repair and in a safe, clean, orderly and sanitary condition, free from all
				accumulation of dirt and rubbish.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.360 - Protective Measures

Current through Register 1525, July 5, 2024
Effective measures should be taken to protect against the
				entrance into the establishment, and the breeding or presence on the premises,
				rodents, flies, roaches, and other vermin, and to exterminate such pests when
				"they exist.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.361 - Extermination

Current through Register 1525, July 5, 2024
Extermination should 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. Extermination shall be undertaken in a manner which is not
				hazardous to the health of inmates or employees, and only by a person certified
				or licensed to apply pesticides pursuant to M.G.L. c. 132B, §
				10.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.370 - Garbage Storage

Current through Register 1525, July 5, 2024
Garbage or mixed garbage and rubbish should be stored in a
				sanitary manner in watertight easily cleanable receptacles of metal or other
				durable non-absorbent material. The receptacles should have tight fitting
				covers and be inaccessible to insects and rodents.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.371 - Rubbish Storage

Current through Register 1525, July 5, 2024
All other rubbish should be stored in a sanitary matter in
				rooms, enclosures, areas or containers which are adequate for the storage of
				all rubbish accumulating between periods of removal from the premises, and
				constructed or lined with metal or other durable material which is
				non-absorbent, easily cleanable, and insect and rodent-proof.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.372 - Cleaning of Garbage and Rubbish Containers

Current through Register 1525, July 5, 2024
Each container, room or area used to store garbage or rubbish
				should be thoroughly cleaned after each emptying or removal of garbage or
				rubbish. Each container should be cleaned on the inside and outside in a way
				that does not contaminate food, equipment, utensils, or food preparation areas.
				Suitable facilities and equipment, including hot water and detergent, should be
				provided and used for washing such containers, rooms and
				areas.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.373 - Food Waste Grinders

Current through Register 1525, July 5, 2024
Food waste grinders, if used, shall be suitably constructed,
				installed in compliance with 248 CMR the State Plumbing Code, and properly
				operated to prevent creation of unsanitary conditions.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.374 - Disposal

Current through Register 1525, July 5, 2024
All garbage and rubbish should be disposed of with sufficient
				frequency and in such manner as to prevent the creation of objectionable
				conditions, such as odor or the breeding of insects and rodents. In cell
				blocks, kitchens, and other habitable areas, daily disposal is necessary.
				Disposal of garbage and rubbish shall be done at locations approved by the
				Department of Environmental Quality Engineering.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.380 - Access to Exits

Current through Register 1525, July 5, 2024
Each inmate cell should have a door to an exit access corridor
				from which there are at least two exits which are located remote from each
				other. Access to common exits or passageways shall not be obstructed by any
				material or equipment not necessary for security purposes.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.381 - Unlocking of Doors

Current through Register 1525, July 5, 2024
Each facility should have a system whereby correctional
				officers on duty are able to unlock all doors promptly to allow rapid exit of
				inmates in the event of fire or other emergency.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.382 - Evacuation Plan

Current through Register 1525, July 5, 2024
Each facility should have a written and rehearsed plan for fire
				and emergency evacuation approved by the local fire department and/or the
				authority having jurisdiction.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.383 - Fire Safety System

Current through Register 1525, July 5, 2024
(A) The
			 superintendent, administrator or a designee of each facility should consult
			 with the State Fire Marshal or his designee, and with the local fire
			 department, and plan a fire protection and detection system adequate to protect
			 inmates from unreasonable risks from smoke and fire. In his planning the
			 superintendent, administrator or the designee should take cognizance of such
			 matters as staff training and removal of hazardous substances, and the
			 feasibility of such devices as smoke detectors, automatic unlocking systems,
			 automatic closure of internal ventilation systems to prevent the spread of
			 smoke, and to remove smoke from occupied areas, and sprinkler systems. The
			 superintendent, administrator or the designee should take all necessary steps
			 to implement this plan promptly.
(B) Each facility shall comply with
			 applicable State Building Code provisions on fire safety.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.384 - Certificate of Use and Occupancy

Current through Register 1525, July 5, 2024
Each facility shall have a current certificate of use and
				occupancy for use group I-1, issued by the local building commissioner or
				inspector of buildings pursuant to 780 CMR the State Building
				Code.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.390 - Noise Level

Current through Register 1525, July 5, 2024
Noise levels should not exceed 70 decibels during the day (7:00
				AM to 11:00 PM) and 45 decibels at night (11:01 PM to 6:59
				AM).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.400 - Environmental Health Officer

Current through Register 1525, July 5, 2024
It is recommended that the Superintendent or Administrator of
				each facility delegate to an employee of the facility the responsibility and
				authority for ensuring adequate health and sanitary conditions at the facility
				in accordance with
				105 CMR 451.000. This
				individual is referred to in
				105 CMR 451.000 as the
				Environmental Health Officer.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.401 - Frequency of Inspections

Current through Register 1525, July 5, 2024
The Program Director or his designee, who shall be familiar
				with
				105 CMR 451.000, shall
				inspect each facility at least twice annually. The Program Director or his
				designee may inspect any facility without giving prior notice to employees or
				inmates of the facility; provided, that he shall notify the Superintendent or
				Administrator upon his arrival at the facility.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.402 - Inspection Report

Current through Register 1525, July 5, 2024
Within ten days after the inspection, the Program Director or
				his designee shall prepare a written report of the inspection which he shall
				transmit to the Superintendent or Administrator and Environmental Health
				Officer of the facility. The report shall include the date of the inspection
				and the name or names of the Department employee or employees who conducted the
				inspection, and shall:
(A) assess the
			 facility's compliance with the Required Minimum Healthand Sanitation Standards
			 (
			 105 CMR
			 451.100 and
			 451.200
			 Series) and Recommended Standards ( 105 CMR 451.300 Series) by noting every
			 deficiency observed, with citation to the applicable section of
			 105 CMR 451.000;
			 and
(B) note any other condition in
			 the facility which the Program Director or his designee finds constitutes or
			 may constitute a threat to the health or safety of inmates or employees;
			 and
(C) note whether any deficiency
			 or other condition noted has been previously noted by the Department in the
			 past 12 months or in the previous two inspections.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.403 - Transmission of Report

Current through Register 1525, July 5, 2024
The Program Director or his designee shall transmit a copy of
				the written report of inspection to each of the following persons:
(A) the Superintendent or Administrator of
			 the facility;
(B) the Commissioner
			 of Correction;
(C) the Secretary of
			 Human Services;
(D) the Clerk of
			 the Senate;
(E) the Clerk of the
			 House of Representatives;
(F) the
			 Environmental Health Officer of the facility; and
(G) any individual or group who has requested
			 a copy of the report by filing a written request with the Departmentin December
			 of the previous year; provided, that the Department may charge a copying
			 fee.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.404 - Plan of Correction

Current through Register 1525, July 5, 2024
It is recommended that the Environmental Health Officer should,
				within ten working days of receiving the inspection report, transmit a written
				plan for correction of each deficiency or other condition noted to the Program
				Director. The plan should be co-signed by the Superintendent or Administrator,
				and set forth, with respect to each deficiency or condition noted, the specific
				corrective step s to be taken, a timetable for such step s, and the date by
				which correction will b e achieved . The Environmental Health Officer should
				also transmit a copy of the plan of correction to each of the individuals
				listed in
				105 CMR
				451.403.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.405 - Reply from Department

Current through Register 1525, July 5, 2024
Within ten working days after receipt of the plan of
				correction, the Program Director shall notify the Environmental Health Officer
				whether the plan is acceptable. Where the plan is acceptable in part, the
				Department representative shall indicate revisions necessary for full
				acceptance. He shall send a copy of any written notification to each of the
				individuals listed in
				105 CMR
				451.403.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.406 - Consultation by Department

Current through Register 1525, July 5, 2024
If the Environmental Health Officer or the Superintendent or
				Administrator requests consultation on what methods should be employed to
				correct deficiencies noted in an inspection, the Program Director or his
				designee shall provide such consultation, either in person, over the telephone,
				or by letter. He may recommend that the facility employ specialized consultants
				to assist in the correction of specific deficiencies (e.g., pest exterminator,
				sanitarian).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.407 - Additional Consultative Visits

Current through Register 1525, July 5, 2024
The Program Director or his designee may, at the request of a
				Superintendent or Administrator or any other individual or on his own
				initiative, make additional consultative visits under section
				105 CMR
				451.401, and he shall issue an inspection
				report to the Environmental Health Officer, with copies to each of the
				individuals listed in
				105 CMR
				451.403.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.408 - Additional Inspectional Visits

Current through Register 1525, July 5, 2024
The Program Director or his designee shall inspect a facility
				more often then twice annually if he determines that conditions at the facility
				so warrant; provided, that the Commissioner determines that the Department has
				staff adequate to provide the additional inspection or
				inspections.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.409 - Procedures in case of Repeated Non-Compliance or Serious Threat to Health and Safety

Current through Register 1525, July 5, 2024
If the Program Director on the basis of an inspection of a
				facility determines that deficiencies or other conditions observed are the
				result of repeated failure to correct deficiencies or other conditions reported
				to the facility, or that the deficiencies or other conditions constitute a
				serious threat to the health or safety of inmates or employees, he shall so
				notify the Commissioner of Public Health. If the Commissioner agrees, he shall
				notify the Commissioner of Correction or the sheriff of the particular county,
				and the Secretary of HumanServices, and he shall request that the Commissioner
				of Correction or the sheriff and the Secretary secure prompt correction of the
				deficiencies.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.410 - Procedures in Case of Public Health Emergency

Current through Register 1525, July 5, 2024
If notifications made under
				105
				CMR 451.409 fail to secure prompt correction
				of deficiencies which constitute a serious threat to the health or safety of
				inmates or employees of a facility, and the Commissioner believes that
				conditions observed are so dangerous that a public health emergency may exist
				at the facility, he shall so notify the Commissioner of Correction, the
				Secretary of Human Services and the Governor, and request that the Governor
				declare under M.G.L. c. 17, § 2A, that an emergency exists which is
				detrimental to the public health. In the case of a county facility the She riff
				shall also be notified. The Commissioner shall, with the approval of the
				Governor and the Public Health Council, take such action pursuant to c. 17,
				§ 2A as he deems necessary to assure the maintenance of the public health
				and the prevention of disease.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.411 - Public Records

Current through Register 1525, July 5, 2024
The Department permits examination of all written documents
				pertaining to inspection of correctional facilities in accordance with relevant
				provisions of the State Freedom of Information Act (M.G.L. c. 4, § 7, 26th
				par., and M.G.L. c. 66, § 10(a)). Copies shall be made available by the
				Department, provided that a copying fee may be charged.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.500 - Effect of State Sanitary Code

Current through Register 1525, July 5, 2024
If any provision of
				105 CMR 451.000 conflicts
				with a provision of the State Sanitary Code adopted by the Department pursuant
				to M.G.L. c. 111, § 127A, the provision of the State Sanitary Code shall
				govern.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.502 - Waiver

Current through Register 1525, July 5, 2024
The Commissioner may waive any of
				105 CMR 451.000 not
				required by statute, provided that such waiver does not conflict with the
				spirit and intent of
				105 CMR
				451.000.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.503 - Severability

Current through Register 1525, July 5, 2024
The provisions of
				105 CMR 451.000 are
				severable. If any provision shall be determined invalid by any court, such
				provision shall be null and void and such determination shall not affect or
				impair any of the remaining provisions .
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.504 - Effective Date; Amendment of Predecessor Regulations

Current through Register 1525, July 5, 2024
105 CMR 451.000 shall take
				effect upon publication by the Secretary of the Commonwealth. Upon the
				effective date of
				105 CMR 451.000, the
				regulations found at
				105 CMR 450.000:
Minimum Health and Sanitation Standards and Inspection Procedures for
				Correctional Facilities and Detention Centers
, published on May 11,
				1978 are modified to apply only to detention centers operated by the Department
				of Youth Services.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › Section 460.010 - Purpose

Current through Register 1525, July 5, 2024
105 CMR 460.000 interprets
				and implements M.G.L. c. 111, §§ 189A through 199B, which establish a
				statewide program for the prevention and control of lead
				poisoning.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › EARLY DIAGNOSIS (SCREENING) PROGRAM › Section 460.040 - Mandatory Reporting

Current through Register 1525, July 5, 2024
(A) Physicians,
				other health care providers, and state and private laboratories shall report to
				the Director all cases known by them of childhood lead poisoning of
				Massachusetts residents within three working days of identification, unless
				previously reported. Should a child suffer multiple episodes of lead poisoning,
				each episode must be reported.
(B)
				Laboratories and health care provider practices that analyze blood specimens
				drawn pursuant to
				105 CMR
				460.050 for lead or lead and erythrocyte
				protoporphyrin shall report all results to the State Program in a secure
				electronic format approved by the Director. Such reports shall be made within
				one week of the analysis. The Director may temporarily waive the electronic
				reporting requirement for laboratories or health care provider practices that
				report only a small volume of results.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › EARLY DIAGNOSIS (SCREENING) PROGRAM › Section 460.050 - Mandatory Blood Lead Screening and Follow-up Schedule

Current through Register 1525, July 5, 2024
(A)
Health Care Provider
				Applicability
. Pursuant to M.G.L. c. 112, § 12BB:
(1) Each physician duly registered under the
				provisions of M.G.L. c. 112, §§ 2, 2A, 9, 9A or 9B shall screen
				patients for lead poisoning at the intervals and using the methods specified in
				105 CMR 460.050; and
(2) Each
				licensed, registered or approved health care facility serving children younger
				than six years old including, but not limited to, hospitals and clinics
				licensed under the provisions of M.G.L. c. 111, § 51 shall take
				appropriate steps to ensure that their patients receive such lead poisoning
				screening; and
(3) Each health
				maintenance organization licensed under the provisions of M.G.L. c. 176G shall
				take appropriate steps to ensure that its patients receive such lead poisoning
				screening.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › EARLY DIAGNOSIS (SCREENING) PROGRAM › Section 460.060 - Reimbursement for Mandatory Screening Services

Current through Register 1525, July 5, 2024
The following blood lead screening services shall constitute
				  the "Mandatory Blood Lead Screening" in accordance with
				  105 CMR
				  460.050 and is required to be covered under
				  policies of insurance as provided by M.G.L. c. 175, § 47C, hospital
				  service contracts as provided by M.G.L. c. 176A, § 8B, medical service
				  contracts as provided by M.G.L. c. 176B, § 4C, and health maintenance
				  contracts as provided by M.G.L. c. 176G, § 4, and shall be
				  reimbursable:
(A) Assessment of the
				child for regular screening at age four, in accordance with
				105 CMR
				460.050(C), and assessment
				for high-risk screening, in accordance with
				105 CMR
				460.050(D).
(B) Completion of the laboratory form known
				as a bloodslip.
(C) Drawing of the
				blood specimen pursuant to
				105 CMR
				460.050(B).
(D) Packaging and handling of the blood
				specimen including postage costs for mailing the specimen to the
				laboratory.
(E) Analysis of the
				blood specimen for lead level by atomic absorption spectrophotometry or any
				other method approved by the Clinical Laboratory Improvement Amendments of
				1988, Public Law 100-578, to § 353 of the Public Health Service Act,
				42 U.S.C.
				263a, and for erythrocyte protoporphyrin by
				fluorometry, either through the measurement of zinc protoporphyrin or by
				extraction.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › EARLY DIAGNOSIS (SCREENING) PROGRAM › Section 460.070 - Confidentiality of Lead Test Results

Current through Register 1525, July 5, 2024
(A) The
				Director shall maintain the confidentiality of lead test results and shall not
				disclose lead test results or other medical information which, because of name,
				identifying number, mark or description, can be readily associated with a
				particular individual or the individual's parents/guardians, or any information
				that could be used in combination with other information to identify an
				individual, except to:
(1) the individual's
				parents or guardians if a minor or to the individual if 18 years of age or
				older;
(2) the individual's health
				care provider;
(3) anyone
				authorized in writing by that individual or the individual's legal
				representative;
(4) authorized
				Department personnel or local health officials;
(5) authorized staff at another state health
				department if the individual is a resident of that state;
(6) anyone authorized to receive such
				information pursuant to a court order; or
(7) authorized staff from a Federal
				agency;
(8) any researcher approved
				by the Department to conduct a specific study pursuant to M.G.L. c. Ill, §
				24A, and when approved by an Institutional Review Board.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › ABATING AND CONTAINING DANGEROUS LEVELS OF LEAD › Section 460.100 - Duty of Owner(s) of Residential Premises

Current through Register 1525, July 5, 2024
(A) Except as provided in 105 CMR 460.100(B)
				through (D), the owner(s) of a dwelling unit or residential premises containing
				dangerous levels of lead in any paint, plaster or other accessible structural
				material are required to obtain a Letter of Full Compliance or a Letter of
				Interim Control, in the following circumstances:
(1) A child younger than six years old
				resides therein, whether or not the residential premises have been inspected
				pursuant to M.G.L. c. Ill, § 194 or otherwise; or
(2) The owner(s) receive an Order to Correct
				Violation(s) pursuant to M.G.L. c. 111, § 194 because the premises is
				occupied by a child younger than six years old at the time of the lead
				determination enforcement procedure or code enforcement lead inspection upon
				which the order is based, or a child younger than six years old who is lead
				poisoned as defined at
				105 CMR 460.020
				occupied the premises within the past 12 months.
(3) The owner(s) receive an Order to Correct
				Violation(s) pursuant to M.G.L. c. 111, § 194 because the premises is
				occupied by a child younger than six years old who is lead poisoned as defined
				at
				105 CMR 460.020
				at the time of the lead determination enforcement procedure or code enforcement
				lead inspection upon which the order was based. In this case, the owner(s)
				shall be required to obtain a Letter of Full Compliance, and shall not be
				eligible for interim control. The Director may grant exceptions to the
				ineligibility for a Letter of Interim Control pursuant to specified conditions
				established on a case-by-case basis.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › ABATING AND CONTAINING DANGEROUS LEVELS OF LEAD › Section 460.105 - Lead Hazards: The Emergency Lead Management Plan and Interim Control

Current through Register 1525, July 5, 2024
Unless ineligible under
				  105 CMR
				  460.100, the owner of a dwelling unit may
				  obtain a Letter of Interim Control and delay full compliance for the interim
				  control period, provided the following conditions of the Emergency Lead
				  Management Plan are met.
(A)
Risk Assessment
. A licensed risk assessor shall
				conduct a risk assessment of the dwelling unit and all relevant common areas
				upon the request of the owner, to identify urgent lead hazards and specify the
				measures necessary for interim control. The risk assessment shall be performed
				accordance with guidelines established by the Director and must include:
(1) Identification of loose lead
				paint;
(2) Identification of
				structural defects;
(3) Assessment
				of window conditions; and
(4) Dust
				sampling.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › ABATING AND CONTAINING DANGEROUS LEVELS OF LEAD › Section 460.110 - Lead Hazards: Abatement and Containment Requirements for Full Compliance

Current through Register 1525, July 5, 2024
(A) Violations of
				105 CMR 460.000 also
				constitute violations of the State Sanitary Code (M.G.L. c. 111, § 127A)
				which requires corrections to be made in a workmanlike fashion, including
				restoring all parts of the residential premises to the condition they were in
				before occurrence of any such violations. Authorized persons shall perform work
				in accordance with the requirements of
				105 CMR 460.000 and
				454 CMR 22.00:
Deleading and Lead-safe Renovation Regulations,
and the safe
				work practices and procedures set out in training, educational materials, or in
				additional guidance approved by the Director or the Department of Labor
				Standards. Repainting with non-lead-based paint without abatement or
				containment of the offending paint, plaster, or other material, does not
				constitute compliance with M.G.L. c. 111, §197.
(B) Abatement or containment of lead-based
				paint, other coating, plaster or putty must be performed as follows:
(1) Loose lead-based paint, other coating,
				plaster or putty on surfaces that are neither moveable impact surfaces nor
				accessible mouthable surfaces must be abated intact or contained.
(2) Lead-based paint, other coating, plaster
				or putty on moveable impact surfaces shall be abated, or, with the exception of
				window sashes that are part of an interior habitable area or which need to be
				useable to meet ventilation requirements under the state Building Code (780
				CMR), contained with an approved covering. In the case of metal windows, only
				lead-based paint or other coating on the sills shall be abated or contained.
				Other moveable impact surfaces on metal windows must be intact or, if loose,
				made intact.
(3) Lead-based paint,
				other coating, plaster or putty shall be abated on accessible, mouthable
				surfaces to a height of five feet, and four inches in from each edge, or such
				surfaces may be contained. Encapsulants applied to suitable accessible,
				mouthable surfaces must be applied to the entire surface, rather than only to a
				height of five feet and only four inches in from each edge.
(4) Lead-based paint, other coating, plaster
				or putty shall be abated on friction surfaces at all points of potential
				friction where the components meet. Stair treads must be abated in their
				entirety to the wall or balusters, or such surfaces may be covered. Friction
				surfaces may not be encapsulated.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › ABATING AND CONTAINING DANGEROUS LEVELS OF LEAD › Section 460.115 - Approval of Encapsulants for the Containment of Lead-based Paint

Current through Register 1525, July 5, 2024
Only those encapsulant products that meet the standards set
				  forth in American Society of Testing and Materials (ASTM) standards, E1795-04
(Standard Specification for Non-reinforced Liquid Coating Encapsulation
				  Products for Leaded Paint in Buildings),
E 1796-03
(Standard
				  Guide for Selection and Use of Liquid Coating Encapsulation Products for Leaded
				  Paint in Buildings),
or E 1797
(Standard Specification for
				  Reinforced Liquid Coating Encapsulation Products for Leaded Paint in
				  Buildings)
are approved. Use of approved encapsulants must conform to
				  the State Program educational and training materials and in accordance with the
				  manufacturer's directions.