reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › INITIAL INSPECTION, REINSPECTION, AND ENFORCEMENT PROCEDURES › Section 460.800 - Judicial Proceedings

Current through Register 1525, July 5, 2024
(A)
Initiation
. A State Program, local lead poisoning
				prevention program or local code enforcement inspector shall within seven
				working days initiate judicial proceedings which may be either criminal
				proceedings seeking enforcement of penalties provided under M.G.L. c. 111,
				§§ 194 through 199A and the sanitary code,
				105 CMR 400.700; or a
				civil action for injunctive relief, brought pursuant to M.G.L. c. 111,
				§§ 127A through 127C, or c. 186, § 14, or c. 93A, against the
				owner, and any other person who may be joined pursuant to M.G.L. c. 111, §
				127N, if:
(1) In a case involving a lead
				poisoned child:
(a) If any of the following
				are not received by the code enforcement agency within 30 days of the owner's
				receipt of the Order to Correct Violation(s) as specified at
				105 CMR
				460.751(A)(1) and (B)(1): a
				copy or copies of a signed contract(s) with an authorized person(s), as
				specified at
				105 CMR
				460.751(B)(1); written
				documentation of an effort to secure financing for abatement and/or
				containment, as specified at
				105 CMR
				460.751(A)(1); and if an
				authorized owner or owner's agent is going to perform low-and/or moderate-risk
				abatement and containment work, a copy of the owner's or owner's agent's
				authorization and a written statement of timelines for completion of the work;
				or
(b) the owner submitted
				documentation of an effort to secure financing for abatement and/or containment
				for full compliance, as specified at
				105 CMR
				460.751(A)(1), but either of
				the following are not received by the code enforcement agency within 60 days of
				the owner's receipt of the Order to Correct Violation(s) as specified at
				105 CMR
				460.751(A)(2): a copy or
				copies of a signed contract(s) with an authorized person(s), and if an
				authorized owner or owner's agent is going to perform low- and/or moderate-risk
				abatement and/or containment, a copy of the owner's or owner's agent's
				authorization and a written statement of timelines for completion of the work;
				or
(c) interior and/or exterior
				abatement and/or containment for full compliance is not completed within the
				time periods specified in
				105 CMR
				460.751(A)(2) or (B)(1).
				This may be determined by the code enforcement agency's failure to receive
				notification of abatement and/or containment pursuant to
				105 CMR
				460.150.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › INITIAL INSPECTION, REINSPECTION, AND ENFORCEMENT PROCEDURES › Section 460.900 - Hearings

Current through Register 1525, July 5, 2024
If a hearing is requested under the sanitary code,
				  105 CMR
				  400.200(B), and if the owner
				  has complied with the Order to Correct Violation(s) as required by
				  105 CMR 460.000, the
				  hearing shall be provided within ten days of request for the hearing. The code
				  enforcement agency shall issue a written decision within seven days after the
				  hearing. Because violations of M.G.L. c. 111, §§ 196 and 197 are
				  considered emergency matters pursuant to M.G.L. c. 111, § 198, no
				  administrative hearing shall be held in connection with any violation of M.G.L.
				  c. 111, § 197, except pursuant to
				  105 CMR
				  460.000.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › INITIAL INSPECTION, REINSPECTION, AND ENFORCEMENT PROCEDURES › Section 460.990 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				  105 CMR 460.000 is held to
				  be invalid for any reason whatsoever, that decision shall not affect any of the
				  remaining provisions of
				  105 CMR 460.000, which
				  shall remain in full force and effect.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.001 - Purpose

Current through Register 1525, July 5, 2024
Thepurpose of
				105 CMR 470.000 is to
				protect the health, safety, and well-being of the occupants of lockup
				facilities and the general public, by setting the minimum sanitation and
				construction/design standards for such facilities.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.002 - Authority

Current through Register 1525, July 5, 2024
105 CMR 470.000 is adopted
				under the authority of M.G.L. c. 111, §§ 3, 20, 21, and 22 and c. 40,
				§ 36B.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.003 - Citation

Current through Register 1525, July 5, 2024
105 CMR 470.000 shall be
				known as
				105 CMR 470.000:
Maintenance and Construction of Lockup
				Facilities.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.010 - Scope

Current through Register 1525, July 5, 2024
(A)
								105 CMR 470.000 shall apply
			 to all lockup facilities in the Commonwealth regardless of date of construction
			 or location, with the exception of those facilities described in 105 CMR
			 470.010(B).
(B) The provisions of
			 105 CMR 470.000 shall not
			 apply to correctional facilities operated by the Department of Corrections or
			 by the counties, nor to detention centers operated by the Department of Youth
			 Services.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.020 - Definitions

Current through Register 1525, July 5, 2024
As used in
				105 CMR 470.000 the
				following terms shall have the following meanings:
Cell
means any room within a lockup
				used or intended to be used for forced detention of an adult for longer than
				eight hours until such time as s/he is released, bailed or arraigned. Cell
				shall also mean a juvenile detention room.
Cell block
means the area(s) within
				the lockup facility designed for the custody of male, female, or juvenile
				detainees.
Commissioner
means the Commissioner of
				the Department of Public Health or his/her designee.
Department
means the Massachusetts
				Department of Public Health established pursuant to M.G.L. c.17.
Detainee
means a person, having been
				arrested, or held in protective custody in a lockup. Such person has not been
				sentenced and is held in the lockup pending arraignment, release or transfer to
				another facility.
Easily cleanable
means readily
				accessible and of such material and finish, and so fabricated, that residue may
				be completely removed by normal cleaning methods.
Holding cell
means any room within a
				lockup used or intended for use for forced detention of an adult for not more
				than eight hours between the time s/he is brought to the facility and is booked
				or released.
Lockup
means those facilities, or
				parts of facilities, within police station houses or sub-stations or elsewhere
				that are used for forced detention of individuals taken into custody by
				authorized law enforcement authorities.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.100 - Beds

Current through Register 1525, July 5, 2024
All cells constructed after the effective date of
				105 CMR 470.000 shall have
				for each detainee, a raised platform or bed, which is at least 12 inches off
				the floor. The bed or platform shall have a minimum dimension of 31 x 72
				inches. Said bed or platform shall be securely anchored to the floor and/or
				wall, and shall be of such design and condition so as to minimize the
				opportunity for accidental injury or suicide.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.101 - Benches

Current through Register 1525, July 5, 2024
Each holding cell shall have a bench or benches of at least 24
				inches in length for each person said holding cell is designed to hold. They
				shall be securely anchored to the floor and/or wall, and shall be of such
				design and condition so as to reduce the opportunity for injury or
				suicide.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.102 - Bedding

Current through Register 1525, July 5, 2024
(A) Sufficient blankets shall be provided
			 upon request, to maintain the warmth of any detainee. Supplied blankets shall:
(1) be fire retardant;
(2) be maintained in a clean and sanitary
			 condition; and
(3) be stored out of
			 the cell in closed storage when not in use.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.151 - Disposable Drinking Cups

Current through Register 1525, July 5, 2024
Only disposable drinking cups shall be provided and they shall
				be stored in such receptacles or containers so as to prevent
				contamination.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.200 - Service of Food

Current through Register 1525, July 5, 2024
When used for the service of food, dish ware shall be single
				service paper. Utensils, if provided, shall be single service. All dish ware
				and utensils shall be disposed of after their use.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.251 - Storage of Disposable Towels

Current through Register 1525, July 5, 2024
Disposable, single service hand towels shall be provided and
				stored in such a manner so as to prevent contamination or
				soiling.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.301 - Detainee Access to Flush Toilet and Handwash Sink

Current through Register 1525, July 5, 2024
An individual detained in a holding cell or cell that does not
				contain a flush toilet or handwash sink shall upon request be escorted to and
				allowed to use a flush toilet and handwash sink which is located in proximity
				to his/her cell.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.302 - Flush Toilets Required

Current through Register 1525, July 5, 2024
Every cell constructed after January 1, 1979 shall contain a
				working flush toilet. Said toilet shall contain a molded, integral seat. The
				toilet should be flush to the floor and wall. The use of squat toilets is
				prohibited.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.303 - Handwash Sinks

Current through Register 1525, July 5, 2024
Every cell constructed after January 1, 1979 shall contain a
				handwash sink. Each handwash sink shall be connected to running hot and cold
				water.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.304 - Facilities to be of Sanitary and Safe Design

Current through Register 1525, July 5, 2024
(A) Each toilet and handwash sink shall be of
			 sanitary design and easily cleanable.
(B) All toilet and handwash facilities
			 installed after the effective date of
			 105 CMR 470.000 should be
			 of stainless steel construction.
(C) All handwash sinks shall be equipped with
			 push button controls for the control of water. If the flush mechanism for the
			 toilet is located within the cell, a push button flush control mechanism shall
			 be provided.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.306 - Sewage Disposal

Current through Register 1525, July 5, 2024
Toilets and handwash sinks shall be connected to a municipal
				sewage disposal system or to a subsurface sewage disposal system which has been
				approved by the local board of health in accordance with 310 CMR 15.00:
Subsurface Disposal of Sanitary Sewage (Title
				V)
.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.307 - Plumbing Fixtures to be Sanitized

Current through Register 1525, July 5, 2024
Each toilet and handwash sink, and the surrounding area, shall
				be cleaned daily, when in use, with hot water and an effective detergent
				disinfectant. It is recommended that a chlorine solution with a 0.5% free
				chlorine residual be used.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.308 - Floor Drains

Current through Register 1525, July 5, 2024
(A) In all lockups
			 constructed after the effective date of
			 105 CMR 470.000 a floor
			 drain(s) shall be provided. These floor drains shall be located outside of the
			 cells.
(B) Floor drains should be
			 connected to a drain line separate from the one to which the cells' toilets and
			 wash basins are connected.
(C) The
			 floor of the cells shall be so sloped that water will flow in the direction of
			 the floor drain(s).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.309 - Installation and Maintenance of Plumbing

Current through Register 1525, July 5, 2024
(A)
			 All plumbing shall be installed and maintained in accordance with 248 CMR
			 2.01
et seq
. the Massachusetts Plumbing Code.
(B) In all lockups constructed after the
			 effective date of
			 105 CMR 470.000, there
			 shall be emergency water supply shut-off valves readily accessible only to the
			 facility staff.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.310 - Potable Water

Current through Register 1525, July 5, 2024
There shall be a supply of water sufficient in quantity and
				pressure to meet the ordinary needs of the occupants of the lockup, connected
				with the public water supply system or with any other source approved by the
				local board of health.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.350 - Ventilation

Current through Register 1525, July 5, 2024
(A) Mechanical ventilation shall be provided
			 in accordance with the requirements of 780 CMR
Massachusetts State
			 Building Code
.
(B) In all
			 cells constructed after the effective date of
			 105 CMR 470.000, exhaust
			 air from the cells shall be ducted to the exterior.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.351 - Ventilation Shut-off

Current through Register 1525, July 5, 2024
Each mechanical ventilation system in lockups constructed after
				the effective date of
				105 CMR 470.000, shall be
				equipped with a readily accessible means for either exhaust shut-off or volume
				reduction for times when the cell block is not in use.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.352 - Heating

Current through Register 1525, July 5, 2024
Each holding cell and cell shall, during periods of occupancy,
				be heated to a temperature of at least 65°F every day from October 1 to May
				31 inclusive. The temperature shall at no time exceed 78°F during the
				heating season. The temperature is read at a height of three feet above floor
				level at any point in the cell more than two feet from any exterior
				wall.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.353 - Louvers and Grille Work

Current through Register 1525, July 5, 2024
In lockups constructed after the effective date of
				105 CMR 470.000, any grille
				work or louver in a holding cell or cell shall be so designed and installed as
				to prevent its use in assisting a detainee in attempting suicide. Particular
				attention shall be paid to eliminating sharp edges and holes that could be used
				for tying foreign objects.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.375 - Lighting Required

Current through Register 1525, July 5, 2024
Lighting shall be provided so that within each holding cell and
				cell there is a minimum intensity of 20' foot candles at a height of 30" inches
				above the floor.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.376 - Location of Artificial Light Sources

Current through Register 1525, July 5, 2024
The light source shall be direct lighting within each holding
				cell or cell, or indirect lighting from outside the cell with the light focused
				into the cell.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.377 - Design of Light Fixture

Current through Register 1525, July 5, 2024
In each holding cell or cell constructed after the effective
				date of
				105 CMR 470.000, direct
				lighting shall be provided by a light fixture of tamper-proof design, so
				located as to make it inaccessible to the detainee.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.400 - Location of Cells

Current through Register 1525, July 5, 2024
The lockup are a should be located proximate to the detainees'
				entrance, and shall be separate from all public areas within the station
				house.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.403 - Size of Cells

Current through Register 1525, July 5, 2024
(A) Each single
			 occupancy cell constructed after the effective date of
			 105 CMR 470.000 shall
			 contain a minimum of 48 square feet of floor area. (60 square feet recommended)
			 In double occupancy cells there shall be a minimum of 80 square feet. Floor to
			 ceiling height shall be at least seven and one half feet. No cell shall be
			 constructed to serve more than two occupants.
(B) Each holding cell constructed after the
			 effective date of
			 105 CMR 470.000 shall
			 contain at least 70 square feet with a floor to ceiling height of at least
			 seven and one half feet. There shall be 30 square feet of floor space for each
			 additional occupant beyond two.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.404 - Type of Construction

Current through Register 1525, July 5, 2024
All lockups constructed after the effective date of
				105 CMR 470.000 shall be
				constructed of fire resistive material in accordance with 780 CMR
the
				Massachusetts State Building Code.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.405 - Finish of Cell Walls and Ceilings

Current through Register 1525, July 5, 2024
The walls and ceilings of holding cells and cells shall be a
				light color and easily cleanable. If painted, the paint shall be non-lead
				based, and fire retardant.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.406 - Finish of Cell Floors

Current through Register 1525, July 5, 2024
All floors of holding cells and cells shall be easily
				cleanable. They shall be surfaced with a non-absorptive finish that is not
				slippery when wet.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.407 - Bars to be Inaccessible

Current through Register 1525, July 5, 2024
All cells shall have, in accordance with Massachusetts law
				(M.G.L. c. 40, § 36B), a protective covering of high impact, transparent
				plastic over all bar structures accessible to persons detained in a cell.
				Holding cells and cells constructed after the effective date of
				105 CMR 470.000 shall not
				have any barred structures.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.408 - Cells to Have Audio Devices

Current through Register 1525, July 5, 2024
In accordance with Massachusetts law (M.G.L. c. 40, §
				36B), at least one cell within each cell block shall have installed within it,
				but beyond the access of any person detained within such cell, an electronic
				audio system, whereby a police officer or other lockup personnel at the duty
				desk within such lockup is brought within audible range of such cell. However,
				no such electronic audio system is required to be installed if at least one
				cell within each cell block is within audible range of the duty desk without
				electronic assistance.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.409 - Security Devices

Current through Register 1525, July 5, 2024
Each lockup shall, in accordance with Massachusetts law (M.G.L.
				c. 40, § 36B), have installed within each cell block an electronic
				security device which will record the times of cell checks by police officers
				or other lockup personnel. Such device shall be positioned so that a cell check
				cannot be recorded until the police officer or other personnel has walked past
				each occupied cell.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.440 - Evacuation Plan

Current through Register 1525, July 5, 2024
Each lockup should have a written evacuation plan which
				specifies the route of evacuation, and subsequent disposition and housing of
				detainees.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.450 - Removal of Clothing

Current through Register 1525, July 5, 2024
Individuals placed in a holding cell or cell, who are deemed
				suicidal, violent, or self-destructive and who will not be subject to constant,
				personal supervision shall be relieved of articles of clothing or personal
				belongings which could be used for the purpose of attempting suicide. These
				articles shall include, but are not necessarily limited to, shoe laces,
				neckties, scarves, belts, socks, ribbons, matches and cigarette
				lighters.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.500 - Inspections

Current through Register 1525, July 5, 2024
(A)
Inspection
			 Authority
. In order to properly carry out its responsibility under
			 105 CMR 470.000 and to
			 properly protect the health and well-being of the citizens of the Commonwealth,
			 the Department or its authorized agent is authorized to enter, examine, or
			 survey at any reasonable time such lockups as it considers necessary.
(B)
Inspection
			 Frequency
. The Department shall inspect each lockup at least once
			 a year.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.510 - Inspection Reports

Current through Register 1525, July 5, 2024
(A) The Department
			 shall file a report of its findings and recommendations with respect to the
			 compliance of each lockup with
			 105 CMR 470.000, with the
			 chief executive officer of the appropriate municipality or state
			 agency.
(B) Copies of the report
			 shall also be sent by the Department to the Secretary of Human Services, the
			 appropriate chief of police or other superintendent or administrator of the
			 lockup, and the General Court.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.520 - Plan of Correction

Current through Register 1525, July 5, 2024
The chief executive officer of a municipality or state agency
				shall respond to a notice of non-compliance with a plan of correction within 21
				days of receipt of said notice of non-compliance. The plan of correction shall
				indicate what action has been, or will be taken to correct the areas of
				non-compliance. If corrections have not already been made, an estimated date of
				correction shall be provided.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.600 - Hearings

Current through Register 1525, July 5, 2024
(A) If the Commissioner determines that the
			 plan of correction is inadequate to protect the health and well-being of a
			 citizen of the Commonwealth, or if no plan of correction is received within the
			 required time, he/she may cause a public hearing to be held. The notice of
			 hearing shall be sent by the Department to the chief executive officer of a
			 municipality or state agency not later than 21 days after the plan of
			 correction is or should have been received by the Department.
(B) At the hearing the executive officer(s)
			 of the municipality or the appropriate state agency or their designee(s) shall
			 be given an opportunity to be heard and to show why the lockup should not be
			 closed.
(C) Within 14 days after
			 the hearing, the Commissioner shall make a determination as to whether the
			 subject lockup shall be closed and shall inform the municipality or state
			 agency of his/her decision in writing. If closure is ordered, the lockup shall
			 remain closed until it is found to be in compliance with
			 105 CMR 470.000 and
			 receives written notification from the Department to that effect.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.700 - Judicial Review

Current through Register 1525, July 5, 2024
Any person aggrieved by the final decision of the Commissioner
				with respect to the closure of any lockup may seek relief therefrom in any
				court of competent jurisdiction, as provided by the laws of the
				Commonwealth.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.800 - Construction Approval Required

Current through Register 1525, July 5, 2024
(A) No lockup
			 shall be built or renovated until the Department has approved, in writing, the
			 plans for the provisions for lighting, heating, ventilation and plumbing, the
			 dimensions and form of construction and the location of the cells.
(B) For approval, the municipality or state
			 agency shall submit to the Department two copies of the stamped architectural
			 and mechanical drawings and one copy of the specifications showing the
			 provisions for lighting, heating, ventilation and plumbing, sewage disposal,
			 the dimensions and form of construction and the location of the cells. The
			 mechanical engineer shall certify, in writing, that the ventilation design will
			 provide the required number of air changes per hour in each cell.
(C) Any lockup which fails to comply with the
			 provisions of 105 CMR 470.800 may be ordered to close by the Commissioner until
			 the Department has approved the plans and has inspected the lockup.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.850 - Variances

Current through Register 1525, July 5, 2024
(A) The Commissioner may vary the application
			 of any provision of
			 105 CMR 470.000 with
			 respect to any particular case when, in his/her opinion, the enforcement
			 thereof would do manifest injustice, provided that the decision of the
			 Commissioner shall not conflict with the spirit of these standards. Any
			 variance granted shall be in writing. A copy of 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 appropriate state agency for which it is
			 granted.
(B) Any variance may be
			 subject to such qualification, revocation, suspension, or expiration as the
			 Commissioner expresses in his/her grant.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 470.000 - Maintenance And Construction Of Lockup Facilities › Section 470.900 - Severability

Current through Register 1525, July 5, 2024
If any section, paragraph, sentence, clause, phrase or word of
				105 CMR 470.000 shall be
				declared invalid for any reason what so ever, that decision shall not affect
				any other portion of
				105 CMR 470.000, which
				shall remain in full force and effect; and to this end the provisions of
				105 CMR 470.000 are hereby
				declared severable.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 480.000 - Minimum Requirements For The Management Of Medical Or Biological Waste (state Sanitary Code Chapter Viii) › Section 480.001 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				105 CMR 480.000 is to set
				forth minimum requirements for the storage, treatment, disposal and
				transportation of medical or biological waste.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 480.000 - Minimum Requirements For The Management Of Medical Or Biological Waste (state Sanitary Code Chapter Viii) › Section 480.002 - Authority

Current through Register 1525, July 5, 2024
105 CMR 480.000 is adopted
				under authority of M.G.L. c. 94C, § 27A, and c. 111, §§ 3, 5 and
				127A.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 480.000 - Minimum Requirements For The Management Of Medical Or Biological Waste (state Sanitary Code Chapter Viii) › Section 480.003 - Citation

Current through Register 1525, July 5, 2024
105 CMR 480.000 shall be
				known and may be cited as,
				105 CMR 480.000:
Minimum Requirements for the Management of Medical or Biological Waste
				(State Sanitary Code Chapter VIII)
.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 480.000 - Minimum Requirements For The Management Of Medical Or Biological Waste (state Sanitary Code Chapter Viii) › Section 480.004 - Scope

Current through Register 1525, July 5, 2024
105 CMR 480.000 shall apply
				to all generators of medical or biological waste and Sharps Collection Centers
				established for the sole purpose of collecting sharps pursuant to M.G.L. c.
				94C, § 27A, and shall also apply to home sharps, but not other waste
				generated by residents at private dwellings.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 480.000 - Minimum Requirements For The Management Of Medical Or Biological Waste (state Sanitary Code Chapter Viii) › Section 480.020 - Applicability

Current through Register 1525, July 5, 2024
(A)
								105 CMR 480.000 shall apply
			 to all medical or biological waste, as defined in
			 105 CMR 480.010, and
			 shall be subject to all the requirements CMR 480.000 until such waste has been
			 disposed of in compliance with
			 105 CMR
			 480.200.
(B) The requirements of
			 105 CMR 480.000 shall not
			 apply to medical or biological waste that is contained in a mixture which, due
			 to the presence of other materials including but not limited to amalgam
			 (mercury) and lead foil, is regulated by either hazardous or radioactive waste
			 laws or regulations.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 480.000 - Minimum Requirements For The Management Of Medical Or Biological Waste (state Sanitary Code Chapter Viii) › Section 480.100 - Storage

Current through Register 1525, July 5, 2024
(A) All medical or biological waste, except
			 sharps, shall be contained in a primary container which is a red, fluorescent
			 orange or orange-red plastic bag that is impervious to moisture and has
			 sufficient strength to resist ripping, tearing, or bursting under normal
			 conditions of use and handling, and which meets the American Society for
			 Testing Materials (ASTM) standard D1922-06a and ASTM D1709-04. Each primary
			 container shall:
(1) Be marked prominently
			 with the universal biohazard warning symbol and the word "Biohazard" in a
			 contrasting color; and
(2) Be
			 secured so as to prevent leakage and to preclude loss of contents during
			 handling, storage, and/or transport.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 480.000 - Minimum Requirements For The Management Of Medical Or Biological Waste (state Sanitary Code Chapter Viii) › Section 480.125 - Home Sharps

Current through Register 1525, July 5, 2024
(A) Effective July
			 1, 2012, home sharps, as well as unopened packages of hypodermic needles and
			 lancets, shall not be disposed of in solid municipal waste, including household
			 waste, and shall be collected and disposed of in accordance with 105 CMR
			 480.125(B).
(B) In accordance with
			 M.G.L. c. 94C, § 27A, federal, state and local agencies as well as
			 businesses and non-profit organizations may establish sharps disposal programs
			 which may include, but not be limited to, the following:
(1) A program for safe, secure home sharps
			 disposal;
(2) The establishment of
			 sharps collection centers located at medical facilities and
			 pharmacies;
(3) The establishment
			 of sharps collection centers located in municipal facilities, including, but
			 not limited to, fire stations, police stations, and public health offices;
			 provided that sharps collection centers may be located at senior centers only
			 for the purpose of disposing of medically necessary hypodermic needles;
			 and
(4) Medical waste mail-back
			 programs approved by the United States Postal Service.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 480.000 - Minimum Requirements For The Management Of Medical Or Biological Waste (state Sanitary Code Chapter Viii) › Section 480.135 - Sharps Collection Centers

Current through Register 1525, July 5, 2024
(A) A Sharps
			 Collection Center shall be an identified site within a community that collects
			 and manages home sharps. Operators of Sharps Collection Centers shall be
			 responsible for arranging for the transportation and disposal of home sharps
			 pursuant to
			 105 CMR 480.000.
(B) In accordance with M.G.L. c. 94C, §
			 27A , the operator of a Sharps Collection Center shall:
(1) use only collection containers that meet
			 the requirements of the U.S. Occupational Safety and Health Administration and
			 the U.S. Department of Transportation and are marked with the international
			 biohazard symbol;
(2) provide
			 secure accessible collection containers on site;
(3) accept sharps from home sharps users that
			 are in leak-proof, rigid, puncture resistant and shatterproof
			 containers;
(4) provide appropriate
			 transfer containers for home sharps users who fail to bring their sharps in
			 suitable containers for placement in the collection container;
(5) have a written agreement with a medical
			 waste transporter providing for regularly scheduled waste pickups;
			 and
(6) store, handle, transport
			 and treat the collected waste in accordance with
			 105 CMR 480.000.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 480.000 - Minimum Requirements For The Management Of Medical Or Biological Waste (state Sanitary Code Chapter Viii) › Section 480.150 - Approved Disinfection Methods

Current through Register 1525, July 5, 2024
(A) The
			 following disinfection methods are approved, subject to any additional
			 conditions that may be specified by the Department, to render medical or
			 biological waste noninfectious, excluding pathological waste and contaminated
			 animal waste which shall be disposed of at an approved incineration facility,
			 by interment, or by an alternative method approved in writing by the
			 Department, pursuant to
			 105 CMR 480.200:
(1) Steam disinfection/autoclaving;
(2) Chemical disinfection;
(3) Incineration at an approved incineration
			 facility; or
(4) Any other method
			 approved in writing by the Department.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 480.000 - Minimum Requirements For The Management Of Medical Or Biological Waste (state Sanitary Code Chapter Viii) › Section 480.200 - Disposal

Current through Register 1525, July 5, 2024
(A)
Blood and Blood
			 Products
.
(1) If the waste
			 generator is connected to a municipal sewerage system or septic system, free
			 draining blood and blood products, except blood saturated materials, may be
			 disposed of directly into these systems unless such disposal is otherwise
			 restricted by the authorized approving agency.
(2) If the waste generator is prohibited by
			 the authorized approving agency from disposing of blood and blood products into
			 the municipal sewerage system or septic system, blood and blood products shall
			 be rendered noninfectious in accordance with
			 105 CMR
			 480.150 prior to disposal in a sanitary
			 landfill approved by the Massachusetts Department of Environmental Protection
			 or in case of out-of-state disposal, approved by the appropriate regulatory
			 agency responsible for landfill approval.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 480.000 - Minimum Requirements For The Management Of Medical Or Biological Waste (state Sanitary Code Chapter Viii) › Section 480.300 - Packaging, Labeling, and Shipping

Current through Register 1525, July 5, 2024
(A) Every
			 container or bag of waste that has not been rendered noninfectious in
			 accordance with
			 105 CMR
			 480.150 shall be colored and labeled
			 according to the requirements of
			 105 CMR 480.100(A)
			  or
			 105 CMR
			 480.100(D), as applicable,
			 to indicate that it contains infectious or physically dangerous medical or
			 biological waste.
(B) Every
			 container or bag of waste which has not been rendered noninfectious in
			 accordance with
			 105 CMR
			 480.150 and which will be transported off the
			 premises of the waste generator shall, in addition to the requirements of 105
			 CMR 480.300(A), be placed in secondary containers which are:
(1) Rigid;
(2) Leak resistant;
(3) Impervious to moisture;
(4) Of sufficient strength to prevent tearing
			 or bursting under normal conditions of use and handling, and
(5) Sealed to prevent leakage during
			 transport.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 480.000 - Minimum Requirements For The Management Of Medical Or Biological Waste (state Sanitary Code Chapter Viii) › Section 480.400 - Shipping Papers

Current through Register 1525, July 5, 2024
(A) Waste
			 generators, small-scale generators that transport their own waste in accordance
			 with
			 105 CMR
			 480.300(F), and Sharps
			 Collection Centers shall prepare shipping papers in accordance with 105 CMR
			 480.400 before shipping waste off-site that has not been rendered noninfectious
			 prior to transport. A designee shall be appointed to prepare, sign and maintain
			 such shipping papers.
(B) The
			 shipping papers shall be signed and dated by the waste generator's, small-scale
			 generator's, or Sharps Collection Center's designee and must include the
			 following information:
(1) The name, address,
			 and phone number of the waste generator along with a contact name and emergency
			 contact number for an individual who either has knowledge about the waste
			 material, including emergency response information, or who has immediate access
			 to a person who possesses such knowledge and information;
(2) A description of the waste to be
			 shipped;
(3) The total quantity of
			 waste to be shipped;
(4) The type
			 of container or containers in which waste is to be transported; and
(5) The destination of the
			 delivery.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 480.000 - Minimum Requirements For The Management Of Medical Or Biological Waste (state Sanitary Code Chapter Viii) › Section 480.500 - Procedures; Records; Record-keeping Log

Current through Register 1525, July 5, 2024
Waste generators, small-scale generators and Sharps Collection
				Centers shall:
(A) Develop written
			 procedures, as applicable, for rendering waste noninfectious and to assure
			 effectiveness and compliance with the requirements set forth in
			 105 CMR 480.000. These
			 shall include:
(1) Procedures for the
			 identification of types, quantities and disposition of regulated medical or
			 biological waste including identification of waste approved for disposal in
			 accordance with
			 105 CMR
			 480.200(A)(1);
(2) Procedures for safe handling and
			 transportation within the facility from the point of generation to the point of
			 storage and/or treatment;
(3)
			 Confirmation of U.S. Department of Labor, Occupational Safety and Health
			 Administration's Blood borne Pathogen Training for all individuals who may
			 potentially handle medical or biological waste;
(4) The listing of a contact name and
			 emergency contact number for an individual(s) who either has knowledge about
			 the waste material, including emergency response information, or who has
			 immediate access to a person who possesses such knowledge and
			 information;
(5) A description of
			 on-site regulated medical or biological waste storage areas, including those
			 used for short term storage, which detail the ventilation and capacity of the
			 storage areas, and the duration waste will be retained in each area.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 480.000 - Minimum Requirements For The Management Of Medical Or Biological Waste (state Sanitary Code Chapter Viii) › Section 480.550 - Approval of Alternative Methods of Treatment, Storage, and Disposal

Current through Register 1525, July 5, 2024
The Department may approve, in writing, alternative methods not
				otherwise authorized by
				105 CMR 480.000 for the
				treatment, storage or disposal of medical or biological waste under the
				following conditions:
(A) An
			 application has been completed, signed, submitted and accepted by the
			 Department;
(B) The method has been
			 validated through scientific studies acceptable to the Department;
(C) The method has been reviewed and approved
			 by the Department's Medical and Biological Waste Alternative Treatment Review
			 Group (MBWAT); and
(D) If the waste
			 is to be transported off-site, the waste treatment facility has been approved
			 by the Massachusetts Department of Environmental Protection or, if shipped out
			 of state, by the appropriate regulatory agency in that state.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 480.000 - Minimum Requirements For The Management Of Medical Or Biological Waste (state Sanitary Code Chapter Viii) › Section 480.700 - Severability

Current through Register 1525, July 5, 2024
If any section, paragraph, sentence, clause, phrase or word of
				105 CMR 480.000 shall be
				declared invalid for any reason whatsoever, that decision shall not affect any
				other portion of
				105 CMR 480.000, which
				shall remain in full force and effect; and to this end the provisions of
				105 CMR 480.000 are hereby
				declared severable.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 500.000 - Good Manufacturing Practices For Food › Section 500.001 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				105 CMR 500.000 is to
				establish minimum standards for those persons engaged in the business of
				preparing, processing, or distributing food for sale in Massachusetts.
				105 CMR 500.000 shall be
				liberally construed and applied to promote the underlying purpose of protecting
				the public health.