reglab/statecodes huggingface dataset:
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 410.510 - Occupant's Responsibility Regarding Building and Structural Elements

Current through Register 1525, July 5, 2024
Every occupant of a residence shall exercise reasonable care in
				the use of all building and structural elements of the
				residence.
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 410.520 - Protective Railings and Walls

Current through Register 1525, July 5, 2024
(A) Every owner
			 of a residence shall provide:
(1) A safe
			 handrail on at least one side of a stairway as required by 780 CMR:
Massachusetts State Building Code
.
(2) A wall or guard no less than 30 inches in
			 height on the open side of all stairways replaced or constructed before August
			 28, 1997. Any such guard replaced or constructed after August 28, 1997 shall be
			 not less than 34 inches in height.
(3) A wall or guard no less than 36 inches in
			 height, enclosing every porch, balcony, mezzanine, landing, roof deck or
			 similar place, which is 30 inches or more above the ground. Any such wall or
			 guardrail along open sided floor areas, mezzanines and landings in Use Group
			 R-3, replaced or constructed after August 28, 1997, shall not be less than 42
			 inches in height.
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 410.530 - Weather-tight Elements

Current through Register 1525, July 5, 2024
(A) An exterior
			 openable window shall be considered weathertight only when:
(1) All panes of glass are in place, unbroken
			 and properly sealed;
(2) The window
			 sash opens and closes fully without excessive effort; and
(3) One of the following conditions is met:
(a) The window sash is sufficiently
			 well-fitted such that it minimizes the infiltration of air or moisture and the
			 space between the window sash and the prime window frame is no larger than 1/8
			 inch at any point on the perimeter of the sash in the case of double hung
			 windows and 
			 1/16 inch in the
			 case of casement windows; or
(b) A
			 storm window is affixed to the prime window frame in such a way as to minimize
			 the infiltration of air or moisture.
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 410.540 - Installation of Screens

Current through Register 1525, July 5, 2024
(A) The owner shall
			 provide and install screens for exterior openable windows so that:
(1) They are in place during the period from
			 April 1st through October
			 31st in each year;
(2) They are no less than 16 mesh per square
			 inch;
(3) They cover that part of
			 the window designed to be opened, except in double hung windows where half
			 screens shall meet this requirement; and
(4) They are tight fitting and prevent the
			 entrance of pests.
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 410.550 - Extermination of Insects, Rodents and Skunks

Current through Register 1525, July 5, 2024
Owners and occupants are responsible for the control and
				elimination of pests as follows:
(A)
			 Residences containing one dwelling unit:
(1)
			 The occupant shall maintain the unit free from all pest infestation and shall
			 be responsible for pest elimination.
(2) The owner shall be responsible for pest
			 elimination if they have not maintained structural or other building elements
			 necessary to keep pests from entering.
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 410.551 - Screens for Windows

Current through Register 1525, July 5, 2024
The owner shall provide screens for all windows designed to be
				opened on the first four floors opening directly to the outside from any
				dwelling unit or room unit provided, that in an owner-occupied unit, the owner
				need provide screens for only those windows used for ventilation. All new or
				replacement screens shall be of not less than 16 mesh per square inch.
Said screens:
(1)
			 shall cover that part of the window that is designed to be opened but in no
			 case less than the area as required in
			 105 CMR
			 410.280(A); and
(2) shall be tight fitting as to prevent the
			 entrance of insects and rodents around the perimeter.
(3) Expandable temporary screens shall not be
			 deemed to satisfy the requirements of 105 CMR 410.551(1) or (2).
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 410.552 - Screens for Doors

Current through Register 1525, July 5, 2024
The owner shall provide a screen door for all doorways opening
				directly to the outside from any dwelling unit or rooming unit where the screen
				door will be permitted to slide to the side or open in an outward direction,
				provided, that in an owner-occupied unit, the owner need provide screens only
				for those doorways used for ventilation. All new or replacement screens in
				screen doors shall be of not less that 16 mesh per square inch.
Said screen door:
(1)
			 shall be equipped with a self-closing device except where the screen is
			 designed to slide to the side; and
(2) shall be tight-fitting as to prevent the
			 entrance of insects and rodents around the perimeter; and
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 410.553 - Installation of Screens

Current through Register 1525, July 5, 2024
The owner shall provide and install screens as required in
				105 CMR
				410.551 and
				410.552 so that
				they shall be in place during the period between April first to October 30th,
				both inclusive, in each year.
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 410.560 - Refuse

Current through Register 1525, July 5, 2024
(A) Except as provided in
			 105
			 CMR 410.560(C)  and
			 105
			 CMR 410.560(E)(4), the owner
			 of any residence that contains two or more dwelling units, the owner of any
			 rooming house, homeless shelter, manufactured housing community, and the
			 occupant of any residence containing one dwelling unit shall be responsible for
			 and pay for the final collection and ultimate disposal of refuse.
(B) Occupants of any residence shall follow
			 the requirements established by their community for separation of recyclables,
			 yard waste, food waste, and/or bulk item materials from refuse.
(C) Occupants and owners shall be responsible
			 for the disposal of their bulk items in accordance with requirements
			 established by their municipality.
(D)
Storage
.
(1) Garbage or mixed garbage and rubbish
			 shall be stored in watertight receptacles with tight-fitting covers.
			 Receptacles and covers shall be durable, pest-resistant and deter access by
			 wildlife.
(2) Plastic bags or
			 biodegradable liners shall be used as a liner to store garbage or mixed rubbish
			 and garbage in the required receptacles.
(3) If a dumpster or cart-based automated or
			 semi-automated system is used for storage and collection of garbage or mixed
			 rubbish and garbage, no liner shall be required.
(4) Recyclables and garbage or mixed garbage
			 and rubbish shall be stored in a manner that does not obstruct an egress, cause
			 disease or health risk to humans or pets, or cause damage to property or the
			 environment and is in accordance with the municipality's
			 requirements.
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 410.570 - Maintenance of Areas in a Sanitary and Safe Condition

Current through Register 1525, July 5, 2024
(A)
Land
. The owner
			 of any parcel of land, vacant or otherwise, shall be responsible for
			 maintaining such parcel of land in a clean, safe, and sanitary condition and
			 free from:
(1) Refuse;
(2) Pests;
(3) Potential injury hazards;
(4) Conditions contributing to the
			 accumulation of standing water; or
(5) Any other condition which affects the
			 health, safety, or well-being of the occupants of any residence or of the
			 general public.
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 410.600 - Inspection upon Request

Current through Register 1525, July 5, 2024
(A) The board of
			 health shall inspect a dwelling unit or rooming unit and common areas upon
			 receipt of a written, oral, telephonic, or electronic request for inspection
			 from an occupant of that dwelling or rooming unit. The board of health shall
			 conduct this inspection regardless of whether:
(1) The occupant requesting the inspection
			 has previously notified the owner of the alleged condition;
(2) There is an eviction, litigation, or
			 other dispute pending between the owner and the occupant; or
(3) The occupant requesting the inspection is
			 anonymous or requests the board of health keep their name
			 confidential.
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 410.601 - Collection of Garbage and Rubbish

Current through Register 1525, July 5, 2024
The owner of any dwelling that contains three or more dwelling
				units, the owner of any rooming house, and the occupant of any other dwelling
				place shall be responsible for the final collection or ultimate disposal or
				incineration of garbage and rubbish by means of:
(A) the regular municipal collection system;
			 or
(B) any other collection system
			 approved by the board of health; or
(C) when otherwise lawful, a garbage grinder
			 which grinds garbage into the kitchen sink drain finely enough to ensure its
			 free passage, and which is otherwise maintained in a sanitary condition;
			 or
(D) when otherwise lawful, a
			 garbage or rubbish incinerator located within the dwelling which is properly
			 installed and which is maintained so as not to create a safety or health
			 hazard; or
(E) when otherwise
			 lawful, by backyard composting of compostable material, provided that the
			 composting operation does not attract rodents or other vectors and does not
			 create a nuisance, and provided further that in the case of composting by an
			 occupant, the occupant obtain the prior written permission of the
			 owner.
(F) any other method of
			 disposal which does not endanger any person and which is approved in writing by
			 the board of health. (
See
105 CMR
			 410.840.)
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 410.602 - Maintenance of Areas Free from Garbage and Rubbish

Current through Register 1525, July 5, 2024
(A)
Land
. The owner
			 of any parcel of land, vacant or otherwise, shall be responsible for
			 maintaining such parcel of land in a clean and sanitary condition and free from
			 garbage, rubbish or other refuse. The owner of such parcel of land shall
			 correct any condition caused by or on such parcel or its appurtenance which
			 affects the health or safety, and well-being of the occupants of any dwelling
			 or of the general public.
(B)
Dwelling Units
. The occupant of any dwelling unit
			 shall be responsible for maintaining in a clean and sanitary condition and free
			 of garbage, rubbish, other filth or causes of sickness that part of the
			 dwelling which he exclusively occupies or controls.
(C)
Dwellings Containing Less
			 than Three Dwelling Units
. In a dwelling that contains less than
			 three dwelling units, the occupant shall be responsible for maintaining in a
			 clean and sanitary condition, free of garbage, rubbish, other filth or causes
			 of sickness the stairs or stairways leading to his dwelling unit and the
			 landing adjacent to his dwelling unit if the stairs, stairways or landing are
			 not used by another occupant.
(D)
Common Areas
. In any dwelling, the owner shall be
			 responsible for maintaining in a clean and sanitary condition free of garbage,
			 rubbish, other filth or causes of sickness that part of the dwelling which is
			 used in common by the occupants and which is not occupied or controlled by one
			 occupant exclusively.
The owner of any dwelling abutting a private passageway or
				right-of-way owned or used in common with other dwellings or which the owner or
				occupants under his control have the right to use or are in fact using shall be
				responsible for maintaining in a clean and sanitary condition free of garbage,
				rubbish, other filth or causes of sickness that part of the passageway or
				right-of-way which abuts his property and which he or the occupants under his
				control have the right to use, or are in fact using, or which he
				owns.
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 410.610 - Inspection Form

Current through Register 1525, July 5, 2024
Each board of health shall adopt and use an inspection report
				form available from the Department, or any other inspection report form
				provided it includes, at a minimum, the following:
(A) Specifically labeled spaces for:
(1) The name of the inspector;
(2) The date and time of the inspection or
			 investigation;
(3) The location of
			 the residence inspected;
(4) The
			 need for an additional inspection by a specialized inspector pursuant to
			 105
			 CMR 410.620(A)  and the
			 reason that such inspection is necessary;
(5) A description of the conditions
			 constituting violations;
(6) A
			 listing of the specific provisions of
			 105 CMR
			 410.000 or other applicable laws, ordinances, by-laws,
			 rules or regulations that appear to be violated;
(7) A determination by the official
			 inspecting the premises whether the violations noted are listed in
			 105
			 CMR 410.630(A), and whether
			 the effect of any violation(s) or conditions not listed in
			 105
			 CMR 410.630(A)  may endanger
			 or materially impair the health, safety, or well-being of any person(s)
			 occupying the premises; and
(8) The
			 signature of the inspector preceded by the following statement: "This
			 inspection report is signed and certified under the pains and penalties of
			 perjury"; and
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 410.620 - Conduct of Inspections

Current through Register 1525, July 5, 2024
(A) At the time of
			 the inspection, the inspector shall record violations of
			 105 CMR
			 410.000.
(1) If
			 assistance of a specialized inspector, who is not immediately available, is
			 necessary to fully complete the inspection report, such report shall be
			 completed to the fullest extent feasible at the time of the inspection, noting
			 thereon the possible violations for which a separate inspection by a
			 specialized inspector appears to be necessary.
(2) The need for such separate inspection
			 shall in no way delay the normal processing or issuing of orders pursuant to
			 105
			 CMR 410.640 through
			 105
			 CMR 410.680. The board of health shall use
			 its best efforts to schedule the separate inspection promptly, at a mutually
			 satisfactory time for all individuals involved.
(3) A copy of
			 105 CMR
			 410.000 shall be made available upon request, free of
			 charge or at a cost which is no greater than the board's own cost for each
			 copy. A copy shall be made available for review at no cost.
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 410.640 - Time Frames for Correction of Violations

Current through Register 1525, July 5, 2024
(A)
			 If an inspection or examination as provided for in
			 105
			 CMR 400.100 and/or
			 105
			 CMR 410.600 reveals that a residence does not
			 comply with the provisions of
			 105 CMR
			 410.000, the board of health or its designated agent
			 shall:
(1) Within 12 hours after the
			 inspection, order the owner or occupant to make a good faith effort to correct
			 within 24 hours of service any of the violations cited in
			 105
			 CMR 410.630(A).
(2) Within seven calendar days after the
			 inspection, order the owner or occupant to correct, within 30 calendar days of
			 service, any violations not listed in
			 105
			 CMR 410.630(A).
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 410.650 - Residences Unfit for Human Habitation; Hearing; Condemnation; Order to Vacate; Demolition

Current through Register 1525, July 5, 2024
(A)
Finding That a Residence or Portion Thereof Is Unfit for Human
			 Habitation
. If an inspection conducted pursuant to
			 105
			 CMR 400.100 or
			 105
			 CMR 410.600 reveals that an occupied
			 residence or portion thereof is unfit for human habitation, the board of health
			 shall, subject to
			 105
			 CMR 410.650(B), (C) or (D)
			 issue a written finding that the residence or portion thereof is unfit for
			 human habitation. The finding shall include a statement of the material facts
			 and conditions upon which the finding is based.
(B)
Prior Notification to
			 Occupant(s) and Owner
. If the residence or portion thereof is
			 occupied, the board of health shall, prior to issuing a finding under
			 105
			 CMR 410.650(A), provide
			 written notice to the occupant(s) and owner which shall include:
(1) Identification of the residence (address
			 and apartment number, if any);
(2)
			 A copy of the inspection report;
(3) A statement that the board of health will
			 consider issuing a finding that the residence or a specifically identified
			 portion thereof is unfit for human habitation;
(4) A statement that this finding may result
			 in an order of condemnation requiring the owner to secure the residence or
			 portion thereof and requiring the occupant(s) to vacate the residence or
			 portion thereof; and
(5) A
			 statement of the time and place of a public hearing which the board of health
			 will conduct in order to determine whether the residence or portion thereof is
			 unfit for human habitation, and whether an order to secure and vacate should be
			 issued.
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 410.660 - Reinspections

Current through Register 1525, July 5, 2024
(A) A reinspection to determine compliance
			 with an existing order shall be conducted within:
(1) 24 hours after the date for compliance of
			 violations specified in
			 105
			 CMR 410.640(A); or
(2) Seven calendar days after the date for
			 compliance of violations specified in
			 105
			 CMR 410.640(B).
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 410.670 - Order to Correct Violations

Current through Register 1525, July 5, 2024
(A) Every order
			 authorized by
			 105 CMR
			 410.000 shall:
(1) Be
			 in writing;
(2) Include a copy of
			 the inspection report; and
(3)
			 Include a copy of
Occupants' Legal Rights and Responsibilities
issued by the Department.
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 410.680 - Service of Orders and Notices

Current through Register 1525, July 5, 2024
(A) All orders and
			 notices issued under
			 105 CMR
			 410.000 shall be served on the persons responsible for
			 correcting the violation.
(B)
			 Service of all orders and/or notices on the person responsible for correcting
			 the violation shall be served:
(1) In person
			 by a person authorized to serve civil process;
(2) By a civil process server leaving a copy
			 at the person's last and usual place of abode;
(3) By sending a copy by registered or
			 certified mail, return receipt requested;
(4) If the person's last and usual place of
			 abode is unknown, by posting a copy in a conspicuous place on or about the
			 dwelling or portion thereby affected and by advertising it for at least three
			 out of five consecutive days in one or more newspapers of general circulation
			 within the municipality wherein the building or premises affected is situated;
			 or
(5) By a parcel delivery service
			 that documents service with an electronic copy of a signature.
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 410.700 - Variances

Current through Register 1525, July 5, 2024
(A) The board of health shall not vary the
			 following provisions of
			 105 CMR
			 410.000:
(1)
			 Conditions Deemed to Endanger or Materially Impair Health or Safety, required
			 by 105 CMR
			 410.630(A), except as
			 authorized in
			 105
			 CMR 410.710;
(2) Alternative Housing requirements
			 specified in
			 105
			 CMR 410.710;
(3) Enforcement Procedures required by
			 105
			 CMR 410.600 through
			 105
			 CMR 410.930;
(4) Submetering of Water and Sewer, required
			 by 105 CMR 410.130(C), (D) and
			 (E);
(5) Any regulatory provision that is governed
			 by the authority of another regulatory agency; or
(6) Any regulatory provision that is required
			 by law.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 410.000 - Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II › Section 410.710 - Permit Requirements For Alternative Housing

Current through Register 1525, July 5, 2024
(A) The board of health may approve
			 alternative housing that does not meet one or more of the following
			 requirements of
			 105 CMR
			 410.000 in single-family residences or owner-occupied
			 dwelling units:
(1) Electrical service
			 required by
			 105
			 CMR 410.300 and
			 105
			 CMR 410.320;
(2) Plumbed system for the delivery of hot
			 and cold running water required by
			 105
			 CMR 410.130,
			 105
			 CMR 410.140, and
			 105
			 CMR 410.150;
(3) Heating system required by
			 105
			 CMR 410.160 that is capable of meeting the
			 requirements of
			 105
			 CMR 410.180;
(4) Sanitary drainage system required by
			 105
			 CMR 410.130 provided the following approved
			 systems are installed:
(a) A toilet capable of
			 incinerating or composting waste; and
(b) A grey water system; or
(5) Minimum square footage
			 required by
			 105
			 CMR 410.420(D).
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 410.800 - Right to Hearing

Current through Register 1525, July 5, 2024
Unless otherwise specified in
				105 CMR
				410.000, the following persons may request a hearing
				before the board of health by filing a written petition:
(A) Any person or persons upon whom any order
			 or notice has been served and all affected persons, pursuant to
			 105 CMR
			 410.000 (except for an order issued after the
			 requirements of
			 105
			 CMR 410.650 have been satisfied) provided,
			 such petition must be filed within seven calendar days after the day the order
			 was served;
(B) Any person
			 aggrieved by the failure of any inspector(s) or other personnel of the board of
			 health:
(1) To inspect upon request any
			 premises as required by
			 105 CMR
			 410.000; provided, such petition must be filed within
			 30 calendar days after such inspection was requested;
(2) To issue a report on an inspection as
			 required by
			 105 CMR
			 410.000; provided, such petition must be filed within
			 30 calendar days after the inspection;
(3) To find after an inspection violations of
			 105 CMR
			 410.000 when such violations are claimed to exist or
			 to certify that a violation or combination of violations may endanger or
			 materially impair the health or safety, and well-being of the occupants of the
			 premises; provided, such petition must be filed within 30 calendar days after
			 receipt of the inspection report;
(4) To issue an order as required by
			 105
			 CMR 410.640; provided that such petition must
			 be filed within 30 calendar days after receipt of the inspection
			 report;
(5) To enforce the
			 provisions of
			 105 CMR
			 410.000 pursuant to M.G.L. c. 111, § 127A;
			 provided such petition must be filed within 45 calendar days after receipt of
			 the order; or
(6) To follow the
			 provisions of
			 105
			 CMR 410.700 in the approval of a variance;
			 provided such petition must be filed within 30 calendar days of the board of
			 health's grant of the variance.
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 410.810 - Hearing Notice

Current through Register 1525, July 5, 2024
(A) Upon receipt of
			 a petition, the board of health shall inform the petitioner and other affected
			 persons in writing of the date, time and place of the hearing and of their
			 right to inspect and copy the board of health's file concerning the matter to
			 be heard.
(B) If a written petition
			 for a hearing is not filed with the board of health within the appropriate time
			 provided for in
			 105
			 CMR 410.800, the right to a hearing is
			 waived.
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 410.820 - Time for Hearing

Current through Register 1525, July 5, 2024
The hearing shall be commenced no later than 14 calendar days
				from the date of receipt of the petition for a hearing. Failure to hold a
				hearing within the time period specified in
				105
				CMR 410.820 shall not affect the validity of
				any order.
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 410.821 - Inspection Form

Current through Register 1525, July 5, 2024
Each board of health shall adopt and use a printed inspection
				report form which must include, but need not be limited to, the
				following:
(A) specifically labelled
			 spaces for:
(1) name of the
			 inspector;
(2) the date and time of
			 the inspection or investigation;
(3) the location of the dwelling or dwelling
			 unit inspected;
(4) the date and
			 time of any scheduled follow-up inspection;
(5) a description of the conditions
			 constituting violations;
(6) a
			 listing of the specific provisions of
			 105 CMR 410.000 or other
			 applicable laws, ordinances, by-laws, rules or regulations that appear to be
			 violated;
(7) a determination by
			 the official inspecting the premises whether the violations are listed in
			 105 CMR
			 410.750, and whether the effect of any
			 violation(s) or conditions not listed in
			 105 CMR
			 410.750 may endanger or materially impair the
			 health or safety, and well-being of any person(s) occupying the
			 premises.
(8) the signature of the
			 inspector preceded by the following statement:
This inspection report
			 is signed and certified under the pains and penalties of
			 perjury
.
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 410.822 - Conduct of Inspections

Current through Register 1525, July 5, 2024
(A) At the time of
			 the inspection, the inspector shall record all violations if any, and shall
			 complete an inspection report form which conforms to the requirements of
			 105 CMR 410.821(A)
			  and
			 410.821(B).
			 If assistance of a specialized inspector, which is not immediately available,
			 is necessary to fully complete the inspection report, such report shall be
			 completed to the fullest extent feasible at the time of the inspection, noting
			 thereon the a reason of possible violations for which a separate inspection by
			 a specialized inspector appears to be necessary. The need for such separate
			 inspection shall in no way delay the normal processing or issuing of orders
			 pursuant to
			 105 CMR 410.830
			 through
			 410.833. The
			 board of health shall use its best efforts to schedule the separate inspection
			 promptly, at a mutually satisfactory time to all individuals involved. A copy
			 of
			 105 CMR 410.000:
Minimum Standards of Fitness for Human Habitation (State Sanitary Code,
			 Chapter II)
shall be made available upon request, free of charge or at
			 a cost which is no greater than the board's own cost for each copy. A copy
			 shall be made available for review at no cost.
(B) Each inspection of a dwelling unit shall
			 include at a minimum the condition alleged to be in violation and all those
			 standards found in
			 105 CMR
			 410.750(A) through (O)
			 except as otherwise provided in 105 CMR 410.822(B)(1) through 410.822(B)(4). A
			 violation found in a common area shall be considered as a violation which
			 exists in each unit in the dwelling which may be affected by such violations.
(1) An occupant shall be informed of his/her
			 right to a comprehensive inspection at the start of said inspection. A
			 comprehensive inspection will be carried out if the occupant so
			 requests.
(2) The inspection as
			 required in 105 CMR 410.822(B) shall not be required from September 15 to June
			 15, inclusive, if the complaint relates solely to the lack of heat pursuant to
			 105 CMR
			 410.200 or
			 410.201,
			 however, a comprehensive inspection will be carried out if the occupant so
			 requests.
(3) Where an inspection
			 reveals a condition or conditions which present such an imminent threat to the
			 life, health or safety of the occupants immediate steps must be taken by the
			 inspector to order compliance, an inspection as required in 105 CMR 410.822(B)
			 may be delayed until after such steps are taken, but such inspection shall be
			 completed in a timely manner.
(4)
			 Where a reinspection is made in order to determine compliance with a previously
			 issued order, the inspection may be sufficient if it includes those items
			 previously identified as violations unless additional violations have been
			 identified in a subsequent complaint.
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 410.830 - Hearing Procedures

Current through Register 1525, July 5, 2024
At the hearing the petitioner and other affected persons shall
				be given an opportunity to be heard, to present witnesses or documentary
				evidence, and to show why an order should be modified or withdrawn, or why a
				residence should not be condemned, vacated, or demolished or why an action or
				failure to act by an inspector or other personnel of the board of health should
				be reconsidered, rescinded, or ordered.
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 410.831 - Dwellings Unfit for Human Habitation; Hearing; Condemnation; Order to Vacate; Demolition

Current through Register 1525, July 5, 2024
(A)
Finding that a dwelling or portion thereof is unfit for human
			 habitation
. If an inspection conducted pursuant to
			 105 CMR 400.100 or
			 105 CMR
			 410.820 reveals that a dwelling or portion
			 thereof is unfit for human habitation, the board of health may (after complying
			 with 105 CMR 410.831(B), (C) or (D), if the dwelling is occupied) issue a
			 written finding that the dwelling or portion thereof is unfit for human
			 habitation. The finding shall include a statement of the material facts and
			 conditions upon which the finding is based.
(B)
Prior notification to
			 occupant(s) and owner
. If the dwelling or portion thereof is
			 occupied, the board of health shall, prior to issuing a finding under 105 CMR
			 410.831(A), provide written notice to the occupant(s) and owner which shall
			 include:
(1) Identification of the dwelling
			 (address and apartment number, if any);
(2) A copy of the inspection
			 report;
(3) A statement that the
			 board of health will consider issuing a finding that the dwelling or a
			 specifically identified portion thereof is unfit for human
			 habitation;
(4) A statement that
			 this finding may result in an order of condemnation requiring the owner to
			 secure the dwelling and requiring the occupant(s) to vacate the
			 dwelling.
(5) A statement of the
			 time and place of a public hearing which the board of health will conduct in
			 order to determine whether the dwelling or portion thereof is unfit for human
			 habitation, and whether an order to secure and vacate should be issued.
The notice shall be served on the occupant(s) and owner in
				accordance with
				105 CMR
				410.833.
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 410.832 - Content of Orders

Current through Register 1525, July 5, 2024
(A) Every order
			 authorized by
			 105 CMR 410.000 shall be in
			 writing.
(B) Subject to the
			 emergency provision of
			 105 CMR
			 400.200(B), any order issued
			 under the provisions of
			 105 CMR 410.000:
(1) shall include a statement of the
			 violations, conditions or defects; and, in the case of occupied dwelling units,
			 a determination whether any violation(s) or conditions, or the cumulative
			 effect of more than one violation or condition may endanger or materially
			 impair the health or safety, and well-being of an occupant, and a copy of all
			 inspection reports;
(2) shall
			 contain notice of the right to a hearing; of the deadline and proper procedure
			 for requesting a hearing; the right to inspect and obtain copies of all
			 relevant inspection or investigation reports, orders, notices and other
			 documentary information in the possession of the board of health; the right to
			 be represented at the hearing; and that any affected party has a right to
			 appear at said hearing;
(3) shall
			 indicate the time limit for compliance pursuant to
			 105 CMR
			 410.830;
(4) shall include the following statement
			 translated into any non-English language that is spoken as a primary language
			 by greater than 1% of the population of that community. "
This is an
			 important legal document. It may affect your rights. You should have it
			 translated
."
(5) and,
			 shall, in an order to an owner, advise the owner that the conditions which
			 exist may permit the occupant of the dwelling to exercise one or more statutory
			 remedies.
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 410.833 - Service of Orders

Current through Register 1525, July 5, 2024
(A) All orders
			 issued under
			 105 CMR 410.830
			 shall be served on the persons responsible for the violation. Orders and/or
			 notices issued under
			 105
			 CMR 410.831 shall be served on the owner or
			 his agent and the affected occupants.
(B) All orders and/or notices shall be
			 served:
(1) personally by an person authorized
			 to serve civil process; or
(2) by
			 leaving a copy at his last and usual place of abode; or
(3) by sending him a copy by registered or
			 certified mail, return receipt requested if he is within the Commonwealth;
			 or
(4) if his last and usual place
			 of abode is unknown or outside the Commonwealth, by posting a copy in a
			 conspicuous place on or about the dwelling or portion thereby
			 affected.
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 410.840 - Final Decision after Hearing; Failure to Comply with Final Order

Current through Register 1525, July 5, 2024
The board of health shall notify the petitioner and all
				affected persons in writing of its decision to sustain, modify, or withdraw the
				order within five calendar days after the conclusion of the hearing.
(A) If the board of health sustains or
			 modifies the order, it shall be carried out within the time period allotted in
			 the original order or in the modification.
(B) If after a hearing the order has been
			 sustained in whole or part, each day's failure to comply with the order as
			 issued or modified shall constitute an additional offense.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 410.000 - Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II › Section 410.850 - Official Hearing Record

Current through Register 1525, July 5, 2024
Every notice, order, or other record prepared by the board of
				health in connection with the hearing shall be entered as a matter of public
				record in the office of the clerk of the city or town, or in the office of the
				board of health.
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 410.851 - Hearing Notice

Current through Register 1525, July 5, 2024
Upon receipt of a petition the board of health shall in writing
				inform the petitioner and other affected parties (affected parties shall
				include the occupants of all affected premises if the petitioner is an owner,
				and the owner if the petitioner is an occupant) of the date, time and place of
				the hearing and of their right to inspect and copy the board of health's file
				concerning the matter to be heard.
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 410.852 - Time for Hearing

Current through Register 1525, July 5, 2024
The hearing shall be commenced not later than 30 days after the
				date the order was served. Provided, however, the hearing shall be commenced no
				later than:
(1) 14 days after an order
			 was served pursuant to
			 105 CMR 410.830(A)
			  and
			 410.830(B)
			  and the petitioner refuses to begin remedial
			 activity as required pending the outcome of the hearing; or
(2) 14 days after request for a hearing was
			 received in instances where the petitioner alleges that an inspector or other
			 personnel of the board of health has
(a)
			 failed to inspect upon request any premises; or
(b) failed to issue an inspection report on
			 an inspection as required by
			 105 CMR 410.000;
			 or
(c) failed to find violations of
			 the law where such violations are claimed to exist or to certify that such
			 violations may endanger or materially impair the health or safety, and
			 well-being of the occupant(s); or
(d) failed to issue an order as required by
			 105 CMR
			 410.830.
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 410.853 - Hearing Procedures

Current through Register 1525, July 5, 2024
At the hearing the petitioner and other affected parties shall
				be given an opportunity to be heard, to present witnesses or documentary
				evidence, and to show why an order should be modified or withdrawn, or why a
				dwelling should not be condemned, vacated or demolished or why an action or
				failure to act by an inspector or other personnel of the board of health should
				be reconsidered, rescinded or ordered. Failure to hold a hearing within the
				time period specified herein shall not affect the validity of any
				order.
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 410.854 - Final Decision After Hearing; Failure to Comply with Final Order

Current through Register 1525, July 5, 2024
(A) The board of health shall sustain,
			 modify, or withdraw the order and shall inform the petitioner in writing of its
			 decision within not more than seven days after the conclusion of the hearing.
			 If the board of health sustains or modifies the order, it shall be carried out
			 within the time period allotted in the original order or in the
			 modification.
(B) If a written
			 petition for a hearing is not filed with the board of health within the
			 appropriate time provided for in
			 105 CMR 410.850,
			 or if after a hearing the order has been sustained in whole or part, each day's
			 failure to comply with the order as issued or modified shall constitute an
			 additional offense.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 410.000 - Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II › Section 410.855 - Official Hearing Record

Current through Register 1525, July 5, 2024
Every notice, order, or other record prepared by the board of
				health in connection with the hearing shall be entered as a matter of public
				record in the office of the clerk of the city or town, or in the office of the
				board of health.
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 410.860 - Appeal of Final Decisions

Current through Register 1525, July 5, 2024
Any person aggrieved by the final decision of the board of
				health with respect to any order issued under the provisions of
				105 CMR
				410.000 may seek relief there from in any court of
				competent jurisdiction, as provided by the laws of this
				Commonwealth.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 410.000 - Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II › Section 410.900 - Condemnation, Placarding and Vacating Residences

Current through Register 1525, July 5, 2024
(A) A residence or portion thereof shall be
			 placarded as unfit for human habitation by the board of health when:
(1) A written petition for a hearing is not
			 filed in the office of the board of health within seven calendar days after an
			 order of condemnation of any residence or portion thereof has been issued;
			 or
(2) After a hearing, the order
			 of condemnation of a residence or portion thereof is
			 issued.
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 410.910 - Penalties for Interference with Inspections

Current through Register 1525, July 5, 2024
Any owner, occupant, or other person who refuses, impedes,
				inhibits, interferes with, restricts, or obstructs entry and free access to
				every part of the structure, operation, or premises where an inspection
				authorized by this code is sought after a search warrant has been obtained and
				presented in accordance with
				105
				CMR 400.100(C):
Interference
, shall be fined upon conviction not less than
				$10.00 nor more than $500.00.
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 410.920 - Penalty for Failure to Comply with Order

Current through Register 1525, July 5, 2024
Any person who shall fail to comply with any order issued
				pursuant to the provisions of
				105 CMR
				410.000 shall upon conviction be fined not less than
				$10.00 nor more than $500.00. Each day's failure to comply with an order shall
				constitute a separate violation.
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 410.930 - Penalty for Other Offenses

Current through Register 1525, July 5, 2024
Any person who shall violate any provision of
				105 CMR
				410.000 for which penalty is not otherwise provided in
				any of the Massachusetts General Laws or in any other provision of
				105 CMR
				410.000 shall upon conviction be fined not less than
				$10.00 nor more than $500.00.
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 410.940 - Correction of Violations by Board of Health; Expenses

Current through Register 1525, July 5, 2024
(A) If a failure to comply with an order
			 requiring that any residence or its premises be properly cleaned or repaired
			 results in a condition which endangers or materially impairs the health or
			 well-being of the occupant or the public, the board of health may cause such
			 proper cleaning or repair and charge the responsible person or persons as
			 hereinbefore provided with any and all expenses incurred. Any such charges by
			 the board of health shall not absolve the responsible person or persons from
			 any penalty warranted by the failure to comply with the order.
(B) The board of health may also act in an
			 emergency under the provisions of
			 105
			 CMR 400.200(B)  to clean or
			 repair any residence which so fails to comply with the provisions of
			 105 CMR
			 410.000 as to endanger or materially impair the health
			 or safety, and well-being of the occupant or the public, and to charge the
			 responsible person or persons with any and all expenses incurred.
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 410.950 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				105 CMR
				410.000 shall be declared invalid for any reason
				whatsoever, that decision shall not affect any other portion of
				105 CMR
				410.000, which shall remain in full force and effect,
				and to this end the provisions of
				105 CMR
				410.000 are hereby declared
				severable.