Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 410.000 - Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II › Section 410.010 - Definitions

Current through Register 1525, July 5, 2024
Affected Person(s)
means the occupants
				if the person responsible for correcting the violation is the owner, and the
				owner if the person responsible for correcting the violation is the occupant of
				any residence on which an order to correct has been served.
Alternative Housing
means a single
				family, owner-occupied residence, whether mobile or permanent, that is approved
				by the board of health pursuant to
				105
				CMR 410.710 to alter standards set forth in
				105 CMR
				410.000 for heating, plumbing, electrical, and
				sanitary facilities and minimum square footage requirements in order to reduce
				energy use or environmental impact.
Asbestos
means:
(1) Chrysotile, amosite, crocidolite;
			 or
(2) In fibrous form,
			 tremolite-asbestos, anthophyllite-asbestos, or actinolite-asbestos.
Asbestos-containing Material (ACM)
means any material containing 1% or more asbestos as determined by a laboratory
				using protocols set forth in the "Method for the Determination of Asbestos in
				Bulk Building Materials" found in EPA report EPA/600/R-93/116, or another
				method as directed by the Massachusetts Department of Environmental Protection.
				Asbestos-containing Material (ACM) includes, but is not limited to, sprayed-on
				and troweled-on materials applied to ceilings, walls, and other surfaces;
				insulation on pipes, boilers, tanks, ducts, and other equipment, structural and
				non-structural members; tiles; asphalt roofing or siding materials; or
				asbestos-containing paper.
Bed and Breakfast Establishment
means
				a private owner-occupied house where rooms are rented and a breakfast is
				included in the rent, and all accommodations are reserved in advance.
Board of Health
means a municipal
				board of health, a municipal health department, other municipal entity when
				acting under local authority to enforce
				105 CMR
				410.000, a regional health district, or any other
				legally constituted city, town, or county governmental unit within the
				Commonwealth serving as a public health agency, as established under M.G.L. c.
				41, § 1, or M.G.L. c. 111, §§ 26, 26A, 27A or 27B, or its
				authorized agent or representative under M.G.L. c. 111, § 30.
Building and Structural Elements
means
				any component of a residence including, but not limited to, the foundation,
				floors, walls, doors, windows, ceilings, roofs, gutters, soffits, siding,
				staircases, porches, decks, and chimneys.
Bulk Items
means waste items which
				because of size or weight are not collected as part of routine household refuse
				collection and have been designated by the local community through rules and
				regulations to require specific disposal procedures. Bulk items may include,
				but are not limited to, mattresses, large appliances, furniture, large auto
				parts, stumps, and trees, as well as large branches or brush that exceeds local
				size restrictions for yard waste collection.
Chemical Toilet
means a self-contained
				toilet where material is held in a sealed tank, containing chemicals and
				deodorizers, and which is emptied on a periodic basis.
Compliance with Accepted Standards
means meeting all the requirements of
				105 CMR
				410.000 and correcting any violation of
				105 CMR
				410.000 in a work person-like manner and in accordance
				with accepted building, plumbing, heating, gas fitting, electrical wiring
				standards, or advisories issued by the Department, so that the residence or
				cited item or component is returned to its intended function or use. Materials
				and equipment shall be appropriate for the use intended and affected areas
				shall be left in a properly cleaned condition. When licenses or permits are
				required to perform the work necessary to correct the violation including, but
				not limited to, building, plumbing, wiring/electrical, heating, gas fitting,
				asbestos removal, lead-based paint abatement, and elimination of pests,
				compliance shall also mean that such licenses and permits have been obtained
				and that any conditions or requirements imposed by such licenses and permits
				have been met.
Compostable Material
means an organic
				material excluding waste water treatment residuals which has the potential to
				be composted and which is presorted and is not contaminated by significant
				amounts of toxic substances, as those terms are or may be defined by
				310 CMR
				19.00:
Solid Waste Management
.
Composting
means a process of
				accelerated biodegradation and stabilization of organic material under
				controlled conditions yielding a product which can safely be used, as those
				terms are or may be defined by
				310 CMR
				19.00:
Solid Waste Management
.
A Condition Making a Unit Unfit for Human
				Habitation
means a condition meeting the standard set forth in
				M.G.L. c 111, §§ 127A and 127B under which a board of health may
				justify closing down, securing, condemning, or demolishing a residence. It
				shall mean a violation which poses such immediate harm or threat of harm to an
				occupant or to the public that other legal remedies cannot be reasonably
				expected to bring about removal of the condition with sufficient speed to
				prevent the serious harm or injury to the occupants or to the public.
A Condition Which May Endanger or Materially Impair
				the Health or Safety and/or Wellbeing of an Occupant
means the
				existence of a condition, listed in
				105
				CMR 410.630 or any other condition so
				certified by the board of health to be a violation, which may expose or subject
				a person or persons to harm, or may materially impair the health, safety, or
				the well-being of an occupant or the public.