reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 661.000 - Regulations Implementing M.g.l. C. 270, Section 22 › Section 661.001 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				105 CMR 661.000 is to
				provide standards for the implementation of M.G.L. c. 270, § 22, which
				establishes restrictions on smoking in the workplace. The requirements in 105
				CMR 661.00 are intended to clarify or supplement the statutory requirements.
				Nothing in
				105 CMR 661.000 shall be
				interpreted as limiting or preempting further restrictions on smoking by any
				local by-law, ordinance or regulation.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 661.000 - Regulations Implementing M.g.l. C. 270, Section 22 › Section 661.002 - Authority

Current through Register 1525, July 5, 2024
105 CMR 661.000 is
				authorized and in part mandated by M.G.L. c. 270, § 22.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 661.000 - Regulations Implementing M.g.l. C. 270, Section 22 › Section 661.003 - Definitions

Current through Register 1525, July 5, 2024
Membership Association
shall be as
				defined in M.G.L. c.270, § 22.
Outdoor Space
shall be as defined in
				M.G.L. c. 270, § 22.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 661.000 - Regulations Implementing M.g.l. C. 270, Section 22 › Section 661.100 - Smoking Restrictions in Membership Associations

Current through Register 1525, July 5, 2024
(A) Smoking shall be prohibited in an
			 enclosed indoor space of a membership association during the time that the
			 space is:
(1) open to the public. A
			 membership organization shall be regarded as open to the public when it has
			 signs or advertising inviting or encouraging non-members to enter the premises
			 or takes other action that may reasonably be regarded as inviting or allowing
			 non-members to enter the premises;
(2) occupied by a non-member who is not a
			 guest. A non-member shall be regarded as a guest if entering the premises:
(a) accompanied by a member, provided the
			 member remains on the premises while the guest is present; and
(b) signing a guest register that clearly
			 specifies the name and address of the guest and the inviting member;
(3) rented from the association
			 for a fee or other compensation; or
(4) occupied by a contract employee,
			 temporary employee or independent contractor.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 661.000 - Regulations Implementing M.g.l. C. 270, Section 22 › Section 661.200 - Smoking in Outdoor Spaces

Current through Register 1525, July 5, 2024
Smoking may be permitted in an outdoor space, provided that the
				outdoor space is physically separated from an enclosed work space and there is
				no migration of smoke into the work space.
(1) In accordance with M.G.L. c. 270, §
			 22, any outdoor space that has a structure capable of being enclosed,
			 regardless of the materials or removable nature of the walls or covers, shall
			 be regarded as an enclosed space when the walls or covers are in
			 place.
(2) The outdoor space shall
			 be open to the air at all times. For purposes of
			 105 CMR 661.000, this shall
			 mean that the space has thorough, unobstructed circulation of outside air to
			 all parts of the outdoor space. An outdoor space shall be presumed to meet this
			 test if:
(a) the space has a ceiling and at
			 least one half of the total surface area of the walls and other vertical
			 boundaries of the space permits unobstructed flow of outside air into the
			 space; or
(b) the space has no
			 ceiling and no more than two walls or other vertical boundaries of the space
			 that obstruct the flow of air into the space exceed eight feet in
			 height.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 661.000 - Regulations Implementing M.g.l. C. 270, Section 22 › Section 661.300 - Professional Testing Laboratories

Current through Register 1525, July 5, 2024
Medical or scientific research on tobacco products may be
				conducted in a professional testing laboratory, provided that the laboratory
				notifies the Department of its activities, in accordance with polices and
				procedures established by the Department, and provides such documentation as
				specified by the Department of compliance with federal regulations on
				Protection of Human Subjects, 34 CFR Part 97.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 661.000 - Regulations Implementing M.g.l. C. 270, Section 22 › Section 661.400 - Enforcement

Current through Register 1525, July 5, 2024
(A) The Department and the Alcoholic
			 Beverages Control Commission is hereby authorized to enforce the provisions of
			 M.G.L. c. 270, § 22 through use of the non-criminal disposition procedures
			 specified in M.G.L. c. 40, § 21D.
(1)
			 The fine imposed pursuant to 105 CMR 661.400 shall be $100 for the violation,
			 $200 for a second violation occurring within two years of the date of the first
			 violation, and $300 for a third or subsequent violation within two years of the
			 second violation. Each calendar day on which a violation occurs shall be
			 considered a separate violation.
(2) The disposition of fines assessed in
			 accordance with 105 CMR 661.400 shall be in accordance with M.G.L. c. 29,
			 § 2.
(3) As specified in
			 M.G.L. c. 270, § 22, each city or town shall file with the Department, on
			 an annual basis in accordance with procedures established by the Department, a
			 report indicating the number of citations issued for non-compliance with M.G.L.
			 c. 270, § 22 and
			 105 CMR 661.000, the basis
			 for the citations, fines assessed and collected, and such addition information
			 about enforcement as specified by the Department.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 665.000 - Minimum Standards for Retail Sale of Tobacco and Electronic Nicotine Delivery Systems › Section 665.013 - Permitting Requirements

Current through Register 1525, July 5, 2024
(A) All retail
			 tobacco stores and smoking bars shall obtain prior to operation and shall
			 maintain during any period of operation a municipal permit allowing the sale or
			 distribution of tobacco products.
(B) Retail tobacco stores and smoking bars in
			 operation prior to December 11, 2019, and compliant with all then existing
			 permitting requirements in the municipality in which they operate shall not be
			 subject to 105 CMR 665.013(A), unless the municipality in which they operate
			 later imposes a municipal permitting requirement applicable to such
			 establishments.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 665.000 - Minimum Standards for Retail Sale of Tobacco and Electronic Nicotine Delivery Systems › Section 665.015 - Required Signage

Current through Register 1525, July 5, 2024
(A) All retail
			 establishments, including smoking bars and retail tobacco stores, shall
			 conspicuously post signage, in the form developed and made available by the
			 Department. Such signage shall include:
(1)
			 acopyofM.G.L. c. 270, §§ 6 and 6A;
(2) referral information for smoking
			 cessation resources;
(3) a
			 statement that sale of tobacco products, including e-cigarettes, to someone
			 younger than 21 years old is prohibited;
(4) health warnings associated with using
			 electronic nicotine delivery systems; and
(5) except in the case of smoking bars,
			 notice to consumers that the sale of flavored tobacco products are prohibited
			 at all times. Such signage shall be posted conspicuously in the retail
			 establishment or other place in such a manner so that it may be readily seen by
			 a person standing at or approaching the cash register. The notice shall
			 directly face the purchaser and shall not be obstructed from view or placed at
			 a height of less than four feet or greater than nine feet from the
			 floor.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 665.000 - Minimum Standards for Retail Sale of Tobacco and Electronic Nicotine Delivery Systems › Section 665.017 - Advertising

Current through Register 1525, July 5, 2024
No person or retail establishment shall:
(A) Market or advertise the proposed sale or
			 distribution of any tobacco product prohibited for sale or distribution within
			 the retail establishment or by such person;
(B) Use fraudulent or misleading statements
			 in advertisements for tobacco products, including the use of any safety or
			 efficacy claims that have not been approved by the United States Food and Drug
			 Administration; or
(C) Use or
			 display tobacco product advertisements that depict celebrities, mascots,
			 sponsorships, cartoons, or any other similar endorsements.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 665.000 - Minimum Standards for Retail Sale of Tobacco and Electronic Nicotine Delivery Systems › Section 665.020 - Identification Requirements

Current through Register 1525, July 5, 2024
(A) Unless otherwise
			 specified in 105 CMR 665.000, each person selling or providing tobacco products
			 shall verify the age of the purchaser by means of a valid government-issued
			 photographic identification containing the bearer's date of birth that the
			 purchaser is 21 years of age or older, as verified by said person's proof of
			 identification.
(B) In addition to
			 the requirements of 105 CMR 665.020(A), an employee of a retail tobacco store
			 or smoking bar must inspect the individual's valid government-issued
			 photographic identification and determine the individual's age prior to said
			 individual entering said tobacco retail store or smoking bar. An individual
			 shall not be admitted to the tobacco retail store or smoking bar, unless the
			 employee has verified that the individual is 21 years of age or older as
			 verified by said person's proof of identification.
(C) Mail-order or internet sales shall
			 require verification that the purchaser is 21 years of age or older.
			 Verification of age through the mail or internet shall consist of, at a
			 minimum:
(1) verification that the purchaser
			 is 21 years of age or older through a commercially available database, or
			 aggregate of databases, that is regularly used by government and business for
			 the purpose of age and identity verification; and
(2) use of a method of mailing, shipping, or
			 delivery that requires signature of a person who is 21 years of age or older
			 before the shipping package is released.
(3) Any information required to complete the
			 age verification process must be requested on a form separate from that used to
			 collect payment information, shall not include personal information as defined
			 by M.G.L. c. 93H, and shall not be used for any purposes other than age
			 verification.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 665.000 - Minimum Standards for Retail Sale of Tobacco and Electronic Nicotine Delivery Systems › Section 665.025 - Prohibition on Coupons and Other Discounts

Current through Register 1525, July 5, 2024
No person shall accept or redeem, offer to accept or redeem, or
				cause or hire any person to accept or redeem or offer to accept or redeem any
				coupon that provides any tobacco product without charge or for less than the
				listed or non-discounted price. No retail establishment that is not a retail
				tobacco store or smoking bar, or any other establishment shall distribute or
				cause to be distributed a free sample of a tobacco product.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 665.000 - Minimum Standards for Retail Sale of Tobacco and Electronic Nicotine Delivery Systems › Section 665.030 - Out-of-package Sales

Current through Register 1525, July 5, 2024
(A) The sale of
			 tobacco products, as defined in 105 CMR 665.000, in any form other than an
			 original factory wrapped package is prohibited, including the repackaging or
			 dispensing of any tobacco product for retail sale.
(B) No person shall refill a cartridge that
			 is prefilled and sealed by the manufacturer and not intended to be opened by
			 the consumer or retailer.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 665.000 - Minimum Standards for Retail Sale of Tobacco and Electronic Nicotine Delivery Systems › Section 665.035 - Liquid Nicotine Container Packaging

Current through Register 1525, July 5, 2024
No person shall knowingly sell or provide:
(A) A liquid or gel substance containing
			 nicotine, unless the substance is contained in child-resistant packaging;
			 or
(B) A liquid nicotine container,
			 unless the container includes child-resistant packaging as part of its
			 design.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 665.000 - Minimum Standards for Retail Sale of Tobacco and Electronic Nicotine Delivery Systems › Section 665.040 - Requirements for Retail Establishments

Current through Register 1525, July 5, 2024
A retail establishment operating on or after December 11, 2019
				must meet the following requirements:
(A) Only establishments with a permanent,
			 non-mobile location are eligible to operate.
(B) Operation of a retail establishment shall
			 be conditioned on the retailer's or retail establishment owner's consent to
			 unannounced, periodic inspections of his or her retail establishment and
			 tobacco products to ensure compliance with 105 CMR 665.000 and any applicable
			 local regulations, orders, or ordinances.
(C) A retail establishment shall be
			 prohibited from selling tobacco products if the retailer or owner of the retail
			 establishment has failed to pay all fines issued and the time period to appeal
			 the fines has expired and/or the retail establishment has not satisfied any
			 outstanding orders issued pursuant to 105 CMR 665.000.
(D) Sale of a tobacco product by a retail
			 establishment to a person younger than 21 years old shall result in the retail
			 establishment being prohibited from selling tobacco products for up to 30
			 consecutive business days, or for a longer term as enacted, adopted, or
			 promulgated in a rule, regulation or other measure by the appropriate and
			 legally designated health authority of the city, town, or other legally
			 constituted governmental unit within the Commonwealth.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 665.000 - Minimum Standards for Retail Sale of Tobacco and Electronic Nicotine Delivery Systems › Section 665.045 - Violations

Current through Register 1525, July 5, 2024
Unless otherwise specified or provided for in 105 CMR 665.000,
				violations of 105 CMR 665.000 shall be assessed as follows:
(A) It shall be the responsibility of any
			 person to ensure compliance with 105 CMR 665.000. If an inspection pursuant to
			 105 CMR 665.000 reveals a retail establishment, retailer, and/or his or her
			 business agent does not comply with the provisions of 105 CMR 665.000, the
			 retail establishment shall be ordered to comply with the violated provision of
			 105 CMR 665.000. In addition to the correction order, the following fines and
			 actions apply against any person who violates 105 CMR 665.000, provided,
			 however, that such fines and actions related to any violation within a retail
			 establishment shall apply against the retailer and/or his or her business agent
			 and not an employee thereof:
(1) In the case
			 of a first violation, a fine of $1,000 shall be imposed.
(2) In the case of a second violation within
			 a period of 36 months from the first violation, a fine of $2,000 shall be
			 imposed; and a prohibition on the sale of tobacco products may be imposed for
			 at least one day and up to seven consecutive business days, or for a longer
			 term as enacted, adopted, or promulgated in a rule, regulation or other measure
			 by the appropriate and legally designated health authority of the city, town,
			 or other legally constituted governmental unit within the
			 Commonwealth.
(3) In the case of a
			 third violation within a period of 36 months from the first violation or
			 additional violations during that time period, a fine of $5,000 shall be
			 imposed; and a prohibition on the sale of tobacco products may be imposed for
			 at least seven consecutive business days and up to 30 consecutive business
			 days, or for a longer term as enacted, adopted, or promulgated in a rule,
			 regulation or other measure by the appropriate and legally designated health
			 authority of the city, town, or other legally constituted governmental unit
			 within the Commonwealth.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 665.000 - Minimum Standards for Retail Sale of Tobacco and Electronic Nicotine Delivery Systems › Section 665.050 - Order to Cease and Desist

Current through Register 1525, July 5, 2024
(A) An Order to
			 Cease and Desist may be issued by the Department or Board of Health to a person
			 or a business agent of a retail establishment upon the regulatory authority's
			 reasonable belief that:
(1) A person is
			 conducting sales of tobacco products in violation of the law, regulations,
			 and/or standards applicable to it;
(2) A person refuses access to the premises
			 and/or records to authorized enforcement agents;
(3) A person or retail establishment is
			 operating in a manner that may pose an imminent danger to the public
			 health;
(4) A retail establishment
			 has failed to comply with a correction order within the time specified;
			 or
(5) A retail establishment is
			 operating in a manner that is unsafe or otherwise below the accepted standards
			 for the type of operation and summary closure is authorized by statute on these
			 grounds.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 665.000 - Minimum Standards for Retail Sale of Tobacco and Electronic Nicotine Delivery Systems › Section 665.055 - Enforcement

Current through Register 1525, July 5, 2024
(A) No provision of 105 CMR 665.055 shall be
			 construed as a limitation on the emergency powers of the Department of Public
			 Health of the Commonwealth or its Commissioner.
(B)
Local
			 Enforcement
.
(1)
General Procedures
. Unless otherwise expressly
			 provided in any general law to the contrary, each board of health may enforce
			 105 CMR 665.000, or otherwise at law or in equity in the same manner that local
			 rules and regulations are enforced.
(2)
Emergency
			 Procedures
. Whenever an emergency related to tobacco products
			 exists in which the interest of protecting the public health requires that
			 ordinary procedures be dispensed with, the board of health or its authorized
			 agent, acting in accordance with the provisions of M.G.L. c. 111, § 30,
			 may, without notice or hearing, issue an order reciting the existence of the
			 emergency and requiring that such action be taken as the board of health deems
			 necessary to meet the emergency. Any person to whom such order is directed
			 shall comply therewith within the time specified in the order, provided,
			 however, that such fines and actions related to any violation within a retail
			 establishment shall apply against the retailer and/or his or her business agent
			 and not an employee thereof. Each day's failure to comply with the order shall
			 constitute a separate offense. Upon compliance with the order and within seven
			 days after the day the order has been served, he or she may file a written
			 petition in the office of the board of health requesting a hearing. He or she
			 shall be granted a hearing as soon as possible, but not later than ten days
			 after the filing of the petition. The procedures for such hearing shall
			 otherwise conform with the hearing requirements which would have existed had
			 the order been issued under nonemergency circumstances.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 665.000 - Minimum Standards for Retail Sale of Tobacco and Electronic Nicotine Delivery Systems › Section 665.057 - Preemption

Current through Register 1525, July 5, 2024
The provisions of 105 CMR 665.000 shall not limit the right of
				an appropriate authority in a city or town to adopt rules and regulations as
				may be necessary; provided, however, that such a rule or regulation shall not
				conflict with regulations promulgated by the department or state or federal
				law.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 665.000 - Minimum Standards for Retail Sale of Tobacco and Electronic Nicotine Delivery Systems › Section 665.060 - Severability

Current through Register 1525, July 5, 2024
If any provision of 105 CMR 665.000 is declared invalid or
				unenforceable, the other provisions shall not be affected thereby, but shall
				continue in full force and effect.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 670.000 - "Right To Know" › Section 670.001 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				105
				CMR 670.000 is to protect the public health by
				providing and encouraging the greatest possible transmission of health and
				safety information concerning toxic and hazardous substances.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 670.000 - "Right To Know" › Section 670.010 - The Massachusetts Substance List

Current through Register 1525, July 5, 2024
(A)
Explanation
. The Massachusetts Substance List is
			 contained in
			 105
			 CMR 670.000:
Appendix A
. The
			 Massachusetts Substance List contains those toxic or hazardous substances to
			 which the provisions of M.G.L. c. 111F apply. Each of these substances has been
			 added to the Massachusetts Substance List for one of the following three
			 reasons:
(1) The substance appears on one of
			 the source lists specified in 105 CMR 670.010(B); or
(2) The substance is a member of a generic
			 category which appears on one of the source lists and the Commissioner has
			 determined, after a rule making proceeding pursuant to M.G.L. c. 111F, §
			 4(e), that, based upon a preponderance of the evidence before the Commissioner
			 in connection with such proceeding, substantial and valid scientific evidence
			 exists that exposure to the substance may result in an acute or chronic risk to
			 human health or safety; or
(3) The
			 substance does not appear on any of the source lists and does not belong to a
			 generic category which appears on any of the source lists, but the Commissioner
			 has determined, after a rule making proceeding pursuant to M.G.L. c. 111F,
			 § 4(g), that, based upon a preponderance of the evidence before the
			 Commissioner in connection with such proceeding, substantial and valid
			 scientific evidence exists that accidental exposure to the substance poses an
			 acute or chronic risk to human health or safety.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 670.000 - "Right To Know" › Section 670.020 - Trade Secrets

Current through Register 1525, July 5, 2024
(A)
Introduction
. 105 CMR 670.020 governs the manner in
			 which the Commissioner shall determine whether the chemical name, common name,
			 and/or CAS number of a toxic or hazardous substance is a trade secret of the
			 manufacturer or employer who prepares an MSDS for the substance. If the
			 determination is made that the chemical name, common name and/or CAS number of
			 the substance is a trade secret of the preparer of the MSDS, then:
(1) the preparer of the MSDS may omit the
			 chemical name, common name, and/or CAS number from the MSDS; and
(2) the preparer of the MSDS and any employer
			 who obtains the substance from the preparer of the MSDS may omit the chemical
			 name, common name, and/or CAS number from the labels on containers of the
			 substance.
As used in 105 CMR 670.020, the term "preparer" means the
				manufacturer or employer who prepares an MSDS and applies for a determination
				that the chemical name, common name and/or CAS number of the toxic or hazardous
				substance is a trade secret of the preparer.
As used in 105 CMR 670.020, the term "identity of the
				substance" means the chemical name, common name and/or CAS number of the
				substance.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 675.000 - Requirements To Maintain Airqualityin Indoorskating Rinks (state Sanitary Code, Chapter Xi) › Section 675.001 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				105 CMR 675.000 is to help
				ensure the maintenance of safe and appropriate indoor air quality in ice
				skating rinks that utilize ice resurfacing equipment powered by combustible
				fuels which produce carbon monoxide or nitrogen dioxide and thereby protect the
				health, safety and well-being of the public.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 675.000 - Requirements To Maintain Airqualityin Indoorskating Rinks (state Sanitary Code, Chapter Xi) › Section 675.002 - Authority

Current through Register 1525, July 5, 2024
105 CMR 675.000 is adopted
				under the authority of M.G.L. c. 111, § 3 and §
				127A.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 675.000 - Requirements To Maintain Airqualityin Indoorskating Rinks (state Sanitary Code, Chapter Xi) › Section 675.003 - Citation

Current through Register 1525, July 5, 2024
105 CMR 675.000 shall be
				known and may be cited as
				105 CMR 675.000:
Requirements to Maintain Air Quality in Indoor Skating Rinks (State
				Sanitary Code, Chapter XI).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 675.000 - Requirements To Maintain Airqualityin Indoorskating Rinks (state Sanitary Code, Chapter Xi) › Section 675.004 - Scope

Current through Register 1525, July 5, 2024
105 CMR 675.000 shall apply
				to owners and operators of indoor ice skating rinks that utilize combustion
				resurfacing equipment powered by gasoline, propane or other combustible fuels
				that produce exhaust containing carbon monoxide or nitrogen
				dioxide.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 675.000 - Requirements To Maintain Airqualityin Indoorskating Rinks (state Sanitary Code, Chapter Xi) › Section 675.006 - Air Sampling Requirements

Current through Register 1525, July 5, 2024
(A) Operators of
			 indoor skating rinks which utilize combustion resurfacing equipment shall take
			 regular air samples of both carbon monoxide and nitrogen dioxide within their
			 skating rinks as follows:
(1) an air sample
			 for both carbon monoxide and nitrogen dioxide must be taken at least three
			 times a week, including at least twice during the week and at least once during
			 weekend operations;
(2) all air
			 samples must be taken 20 minutes after resurfacing is completed;
(3) all air samples required by
			 105 CMR 675.000 must be
			 taken no sooner than four hours before, and no later than one hour before the
			 end of the last scheduled use of the ice in any given day.
(4) all air samples must be taken either at
			 center ice or the perimeter of the ice surface at the center ice line at a
			 height of three to six feet above the ice surface;
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 675.000 - Requirements To Maintain Airqualityin Indoorskating Rinks (state Sanitary Code, Chapter Xi) › Section 675.007 - Record Keeping Requirements

Current through Register 1525, July 5, 2024
(A) The operator
			 shall keep a record keeping log which has on its cover the name of the skating
			 rink, the name of the skatingrink owners, the name of the skating rink operator
			 and in large print the words "Air Quality Record Keeping Log".
(B) The record keeping log shall be divided
			 into two sections, one section for the recording of information regarding the
			 ice resurfacing equipment and a separate section for the recording of the
			 results of required air samples.
(C) The operator shall record and keep in the
			 section of the record keeping log reserved for information about the ice
			 resurfacing equipment, the following information: name of the manufacturer of
			 the resurfacing equipment; age of the resurfacing equipment; type(s) of fuel(s)
			 used to operate the resurfacing equipment; the dates of each tuning of the
			 resurfacing equipment, with the name, company, address and signature of the
			 person performing the tuning; the manufacturer, type and date of installation
			 of the catalytic converter equipment; the name, comp any address and signature
			 of the person who installed the catalytic converter; the dates of any repairs
			 or maintenance of the catalytic converter; and the name, company, address and
			 signature of the person performing the repairs or maintenance.
(D) The operator shall record and keep in the
			 section of the record keeping log reserved for information about air sampling,
			 the following information: the date, location and exact time of each and every
			 air sample and follow-up air sample taken pursuant to the requirements of
			 105 CMR 675.000 for both
			 carbon monoxide and nitrogen dioxide; the result of each air sample and any
			 follow up air sample required by
			 105 CMR 675.000, measured
			 in parts per million (ppm) of each air contaminant and the name and method of
			 the device used to take each sample as well as the name and signature of the
			 person performing the test; a full description of the immediate and long term
			 correction measures employed by the operator to reduce carbon monoxide and
			 nitrogen dioxide levels below correction air levels, including the dates and
			 times such measurements were taken, and the person(s) responsible; the last
			 date of calibration of the air monitoring device used by the operator and the
			 person performing the calibration; and the lot number of the colorimetric tube
			 or computer chip sampling device.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 675.000 - Requirements To Maintain Airqualityin Indoorskating Rinks (state Sanitary Code, Chapter Xi) › Section 675.008 - Action Air Levels for Carbon Monoxide and Nitrogen Dioxide

Current through Register 1525, July 5, 2024
(A) Air levels to be referred to as
			 correction air levels shall be a single air sample exceeding 30 parts per
			 million (ppm) for carbon monoxide and of 0.5 ppm for nitrogen
			 dioxide.
(B) Air levels to be
			 referred to as notification air levels shall be a single air sample exceeding
			 60 parts per million (ppm) or six consecutive air samples which exceed 30 parts
			 per million (ppm) for carbon monoxide and a single air sample exceeding one
			 part per million (ppm) or six consecutive samples which exceed 0.5 parts per
			 million (ppm) for nitrogen dioxide.
(C) Air levels to be referred to as
			 evacuation air levels shall be a single air sample exceeding 125 parts per
			 million (ppm) for carbon monoxide and two ppm for nitrogen dioxide.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 675.000 - Requirements To Maintain Airqualityin Indoorskating Rinks (state Sanitary Code, Chapter Xi) › Section 675.010 - Required Notification

Current through Register 1525, July 5, 2024
Ifair levels of carbonmonoxide or nitrogen dioxide exceed the
				notification air levels of
				105 CMR
				675.008(B), the operator
				shall, in addition to taking all actions required by
				105 CMR
				675.009, notify the local fire department
				within one hour, and notify the local board of health and the Bureau within 24
				hours, of the reading which indicated that one or both of those air levels were
				exceeded.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 675.000 - Requirements To Maintain Airqualityin Indoorskating Rinks (state Sanitary Code, Chapter Xi) › Section 675.011 - Required Evacuation

Current through Register 1525, July 5, 2024
(A) If air levels
			 of carbon monoxide or nitrogen dioxide exceed the evacuation air levels of
			 105 CMR
			 675.008(C), the operator
			 shall:
(1) immediately evacuate all people
			 from the interior of the indoor skating rink;
(2) contact the local fire department as soon
			 as possible to assist in the evacuation of the facility and to assess the
			 hazard;
(3) contact the local board
			 of health upon completion of the evacuation;
(4) contact the Bureau within two hours of
			 the evacuation.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 675.000 - Requirements To Maintain Airqualityin Indoorskating Rinks (state Sanitary Code, Chapter Xi) › Section 675.012 - Engine Tuning

Current through Register 1525, July 5, 2024
All engine tuning must be conducted by a technician familiar
				with the process. Tuning must include emissions testing done while under load.
				By signing his name in the record keeping log as required by
				105 CMR
				675.007(C), the technician
				shall certify that the tuning is consistent with the recommendations of the
				manufacturer of the resurfacing equipment.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 675.000 - Requirements To Maintain Airqualityin Indoorskating Rinks (state Sanitary Code, Chapter Xi) › Section 675.013 - Catalytic Converters

Current through Register 1525, July 5, 2024
Installation of the catalytic converter must be done by a
				qualified individual familiar with the resurfacing equipment. Any repair or
				maintenance work involving the catalytic converter must also be done by a
				qualified individual. Such individual(s) must be familiar with the proper
				installation techniques and servicing recommended by the catalytic converter
				manufacturer. By signing his name in the record keeping log as required by 106
				CMR 675.007(C), the individual installing or servicing the catalytic converter
				shall certify that the installation or maintenance is consistent with the
				recommendations of the manufacturer of the catalytic
				converter.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 675.000 - Requirements To Maintain Airqualityin Indoorskating Rinks (state Sanitary Code, Chapter Xi) › Section 675.014 - Air Monitors

Current through Register 1525, July 5, 2024
The calibration of in-place or hand-held real time monitors
				must be measured on a monthly schedule or in accordance with current
				specifications and procedures established by the manufacturer of the monitoring
				device. Each calibration shall be recorded in the record keeping log in
				accordance with the requirements of
				105 CMR
				675.007(D).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 675.000 - Requirements To Maintain Airqualityin Indoorskating Rinks (state Sanitary Code, Chapter Xi) › Section 675.015 - General Administration

Current through Register 1525, July 5, 2024
(A)
Scope
. The following provisions shall cover the
			 administration and enforcement of
			 105 CMR 675.000 in lieu of
			 105 CMR 400.000:
The State Sanitary Code, Chapter I
.
(B)
Local
			 Enforcement
. Unless otherwise expressly provided herein, each
			 board of health is responsible for the administration and enforcement of
			 105 CMR 675.000 and may
			 enforce
			 105 CMR 675.000 by
			 suspension or revocation of certificates of approval in accordance with
			 105 CMR
			 675.018 or otherwise at law or in equity in
			 the same manner that local rules and regulations are enforced.
(C)
Bureau Assistance With Local
			 Enforcement
. The Bureau shall, upon request of the board of
			 health, assist the board in its inspection of an indoor skating rink and shall
			 advise the board in connection with enforcement actions taken by the board
			 against a skating rink operator.
(D)
State
			 Enforcement
.
(1) If, as a result
			 of any study, inspection, or survey made by the Department or its authorized
			 representative, the Department determines that compliance with
			 105 CMR 675.000 has not
			 been effected, it shall, in writing, notify the appropriate board of health of
			 such determination, allotting a reasonable time in which compliance shall be
			 effected, and requesting that the board of health, in writing, notify the
			 Department of what action will be and has been taken to effect compliance with
			 105 CMR 675.000.
(2) If the Department or its authorized
			 representative is not so notified, or if, after notification it determines that
			 action sufficient to effect compliance with the provisions of
			 105 CMR 675.000 has not
			 been taken, the board of health shall be deemed to have failed to effect
			 compliance with
			 105 CMR 675.000.
(3) Whenever any board of health has failed
			 after a reasonable length of time to enforce
			 105 CMR 675.000, the
			 Department may enforce
			 105 CMR 675.000 in any way
			 that a local board of health is authorized to act to effect compliance under
			 105 CMR 675.000, subject to
			 the same procedural requirements set forth in
			 105 CMR 675.000 which are
			 applicable to local boards of health.
(4) Notwithstanding any other provision of
			 105 CMR 675.000, if the
			 Department determines that an imminent health hazard exists resulting from the
			 operation of an indoor skating rink, it may, without prior notice to the board
			 of health, take whatever action is necessary to effect compliance with
			 105 CMR 675.000.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 675.000 - Requirements To Maintain Airqualityin Indoorskating Rinks (state Sanitary Code, Chapter Xi) › Section 675.016 - Certificate of Approval - Issuance

Current through Register 1525, July 5, 2024
(A)
Certificate Required to Operate
. After May 26, 1997 no
			 person shall commence the operation of, or continue to operate, an indoor
			 skating rink unless he/she/it is the holder of a valid certificate of approval
			 issued by the board of health.
(B)
Application.
By no later than April 26, 1997, any
			 person currently operating an indoor skating rink desiring to continue
			 operating said rink shall file a written application for a certificate of
			 approval with the board of health, on forms prepared by the Bureau and obtained
			 from the board of health. Any person desiring to commence operating an indoor
			 skating rink after March 21, 1997 must file an application and receive a
			 certificate of approval prior to commencing operation. Payment of any fee
			 required by local bylaw, ordinance or regulation shall accompany the
			 application.
(C)
Certificate
. Upon receipt of a completed application
			 form and any applicable fee, the board shall issue a certificate of approval to
			 a person operating or proposing to operate an indoor skating rink, on a form
			 provided by the Bureau, if the board determines, after an inspection, that the
			 operator has satisfied the following conditions:
(1) a proper record keeping log is being
			 maintained at the rink;
(2) the
			 operator has on hand proper, adequate and functioning air monitoring equipment
			 capable of measuring carbon monoxide and nitrogen dioxide as required by
			 105 CMR 675.000;
(3) the operator has taken air samples at the
			 rink, in accordance with
			 105 CMR 675.000, for at
			 least two weeks prior to the inspection, and has recorded the results of those
			 air samples in the record keeping log;
(4) the air samples recorded in the record
			 keeping log for the two weeks prior to the inspection reveal that the levels of
			 carbon monoxide and nitrogendioxide were at all times during that period below
			 notification air levels;
(5) any
			 air samples taken by the board or its agent during the inspection reveal that
			 the levels of carbon monoxide and nitrogen dioxide are below notification air
			 levels.
The requirements of 105 CMR 675.016(C)(3), (4) and (5) maybe
				satisfied, in the case of a new indoor skating rink or an in door skating rink
				not in operation at the time of application, within 30 days of issuance by the
				board of a certificate of approval. In such cases, the certificate issued by
				the board prior to operating shall be deemed a provisional certificate until
				those requirements are satisfied. If an operator fails to satisfy 105 CMR
				675.016(C)(3) through (5) within 30 days, the provisional certificate shall be
				deemed to have expired.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 675.000 - Requirements To Maintain Airqualityin Indoorskating Rinks (state Sanitary Code, Chapter Xi) › Section 675.017 - Inspection

Current through Register 1525, July 5, 2024
(A) The board of health or its agent shall
			 inspect each indoor skating rink at least once annually, within thirty days of
			 receipt of an original or renewal application, if possible, and promptly upon
			 receipt of any written complaint about the air quality in an indoor skating
			 rink or upon receipt of notice from the operator that air levels of carbon
			 monoxide and nitrogen dioxide at the operator's indoor skating rink exceed
			 notification air levels.
(B) The
			 Bureau shall, upon request of a board of health, accompany and/or advise the
			 board in connection with the board's inspection of an indoor skating rink. The
			 Bureau may also, in its sole discretion, inspect an indoor air skating rink at
			 any reasonable time, on its own.
(C) During all inspections, the board shall,
			 at a minimum, review the record keeping log to determine if the proper records
			 are being kept and examine the air monitoring equipment employed by the
			 operator to determine if it is functioning properly and is adequate to satisfy
			 the requirements of
			 105 CMR 675.000. When
			 investigating a complaint, and at all other times possible, the board or its
			 agent shall also take its own air quality samples using its own air monitoring
			 equipment.
(D) Agents of the board
			 of health and the Bureau shall have access at all reasonable times to all
			 indoor skating rinks, which access shall include access to the ice surface as
			 well as access to the operator's record keeping log, ice resurfacing equipment
			 and ventilation equipment and controls.
(E) The board or its agents and the Bureau or
			 its agents shall record the results of each of its inspections of indoor
			 skating rinks on an inspection report form provided by the Bureau or on a
			 report form prepared by the board and approved by the Bureau.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 675.000 - Requirements To Maintain Airqualityin Indoorskating Rinks (state Sanitary Code, Chapter Xi) › Section 675.018 - Certificates: Suspension and Revocation

Current through Register 1525, July 5, 2024
(A)
Immediate Suspension/ Emergency Closure
.
(1) The board of health or the Bureau or the
			 authorized agent of either may, without prior notice or hearing, suspend a
			 certificate of approval and order the indoor skating rink to close if an
			 imminent health hazard is found to exist. An imminent health hazard shall be
			 deemed to exist if the levels of carbonmonoxide or nitrogen dioxide in an
			 indoor skating rink are found, by the taking of one or more air samples by the
			 operator, or the board or Bureau or the authorized agent of either, to exceed
			 evacuation air levels, or if such air levels are otherwise considered by the
			 board, Bureau or either of their authorized agents, to constitute an actual
			 danger to the health of employees or users of the indoor skating rink or
			 visitors to the indoor skating rink. The local fire department shall be
			 notified by the board of health of a suspension/emergency closure as soon as
			 possible.
(2) Whenever a suspension
			 is imposed in this manner, the operator shall be notified of the suspension in
			 writing. The notice shall:
(a) state that the
			 board of health or the Bureau has determined that an imminent health hazard
			 exists which requires the immediate suspension of operations;
(b) list the finding(s) leading to the
			 determination that an imminent health hazard exists; and
(c) state that a hearing will be held if a
			 written request for hearing is filed with the board of health or the Bureau by
			 the certificate holder within ten days of receipt of the notice of
			 suspension.
(3) The
			 suspension shall be effective upon posting of the notice of suspension on the
			 premises.
(4) The board of health
			 or the Bureau shall hold a hearing on the suspension within three business days
			 after receipt of a written request for a hearing.
(5) Whether or not a hearing is requested,
			 the board of health or the Bureau may end the suspension at any time if reasons
			 for the suspension no longer exist.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 675.000 - Requirements To Maintain Airqualityin Indoorskating Rinks (state Sanitary Code, Chapter Xi) › Section 675.019 - Orders

Current through Register 1525, July 5, 2024
(A)
Correction
			 Orders
. Whenever the levels of carbon monoxide or nitrogen dioxide
			 in an indoor ice rink are found, by the taking of one or more air samples by
			 the operator or the board or its authorized agent, to exceed notification air
			 levels, or in other circumstances in which the board or its agent reasonably
			 believes it necessary to protect the health of employees or users of the rink
			 or visitors to the rink, the board or its agent may order the operator to take
			 one or more reasonable corrective measures to reduce the levels of carbon
			 monoxide or nitrogen dioxide in the rink. In issuing such order, the board and
			 its agents shall, whenever possible, require the operator to implement the
			 least expensive and simplest corrective measures of the available alternatives
			 which the board or its agent consider effective to ensure that air levels will
			 return to and stay below corrective air levels. All orders issued under 105 CMR
			 675.019(A) shall allow a reasonable time for correction. The order shall be in
			 writing and shall state that the required correction(s) must be made within the
			 time specified by the board and shall advise the operator that if he objects to
			 the order, he must file with the board a written request for a hearing no later
			 than the compliance date specified in the order. The local board of health
			 shall forward copies of correction orders to the local fire department as soon
			 as possible.
(B)
Form
			 for Orders
. Orders shall be in writing and shall be issued on
			 forms provided by the Bureau or on a form prepared by the board and approved by
			 the Bureau. Orders shall be signed by the board or its authorized
			 agent.
(C)
Service of
			 Orders
. All orders shall be served on the owner or operator of the
			 indoor skating rink as follows:
(1) By sending
			 him a copy of the order by registered or certified mail, return receipt
			 requested; or
(2) Personally, by
			 any person authorized to serve civil process; or
(3) If, and only if, the aforementioned
			 methods of service are unsuccessful, service may be made, by any person
			 authorized to serve civil process, by leaving a copy of the order with some
			 responsible person at the indoor skating rink.