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 410.750 - Conditions Deemed to Endanger or Impair Health or Safety

Current through Register 1525, July 5, 2024
The following conditions, when found to exist in residential
				premises, shall be deemed conditions which may endanger or impair the health,
				or safety and well-being of a person or persons occupying the premises. This
				listing is composed of those items which are deemed to always have the
				potential to endanger or materially impair the health or safety, and well-being
				of the occupants or the public. Because,
				105 CMR
				410.100 through
				410.620
				state minimum requirements of fitness for human habitation, any other violation
				has the potential to fall within this category in any given specific situation
				but may not do so in every case and therefore is not included in this listing.
				Failure to include shall in no way be construed as a determination that other
				violations or conditions may not be found to fall within this category. Nor
				shall failure to include affect the duty of the local health official to order
				repair or correction of such violations pursuant to
				105 CMR 410.830
				through
				410.833 nor
				shall failure to include affect the legal obligation of the person to whom the
				order is issued to comply with such order.
(A) Failure to provide a supply of water
			 sufficient in quantity, pressure and temperature, both hot and cold, to meet
			 the ordinary needs of the occupant in accordance with
			 105 CMR 410.180 and
			 410.190 for a period of
			 24 hours or longer.
(B) Failure to
			 provide heat as required by
			 105 CMR
			 410.201 or improper venting or use of a space
			 heater or water heater as prohibited by
			 105 CMR 410.200(B)
			  and
			 410.202.
(C) Shutoff and/or failure to restore
			 electricity, gas or water.
(D)
			 Failure to provide the electrical facilities required by
			 105
			 CMR 410.250(B),
			 410.251(A),
			 410.253
			 and the lighting in common area required by
			 105 CMR
			 410.254.
(E) Failure to provide a safe supply of
			 water.
(F) Failure to provide a
			 toilet and maintain a sewage disposal system in operable condition as required
			 by
			 105 CMR
			 410.150(A)(1)  and
			 410.300.
(G) Failure to provide adequate exits, or the
			 obstruction of any exit, passageway or common area caused by any object,
			 including garbage or trash, which prevents egress in case of an emergency
			 105 CMR 410.450,
			 410.451 and
			 410.452.
(H) Failure to comply with the security
			 requirements of
			 105 CMR
			 410.480(D).
(I) Failure to comply with any provisions of
			 105 CMR
			 410.600,
			 410.601,
			 or
			 410.602
			 which results in any accumulation of garbage, rubbish, filth or other causes of
			 sickness which may provide a food source or harborage for rodents, insects or
			 other pests or otherwise contribute to accidents or to the creation or spread
			 of disease.
(J) The presence of
			 leadbased paint on a dwelling or dwelling unit in violation of
			 105 CMR 460.000:
Lead Poisoning Prevention and Control
. (
See
M.G.L c. 111, §§ 190 through 199.)
(K) Roof, foundation, or other structural
			 defects that may expose the occupant or anyone else to fire, burns, shock,
			 accident or other dangers or impairment to health or safety.
(L) Failure to install electrical, plumbing,
			 heating and gasburning facilities in accordance with accepted plumbing,
			 heating, gasfitting and electrical wiring standards or failure to maintain such
			 facilities as are required by
			 105 CMR
			 410.351 and
			 410.352,
			 so as to expose the occupant or anyone else to fire, burns, shock, accident or
			 other danger or impairment to health or safety.
(M) Any defect in asbestos material used as
			 insulation or covering on a pipe, boiler or furnace which may result in the
			 release of asbestos dust or which may result in the release of powdered,
			 crumbled or pulverized asbestos material in violation of
			 105 CMR
			 410.353.
(N) Failure to provide a smoke detector or
			 carbon monoxide alarm required by
			 105 CMR
			 410.482.
(O) Any of the following conditions which
			 remain uncorrected for a period of five or more days following the notice to or
			 knowledge of the owner of said condition or conditions:
(1) Lack of a kitchen sink of sufficient size
			 and capacity for washing dishes and kitchen utensils or lack of a stove and
			 oven or any defect that renders either inoperable.
(2) Failure to provide a washbasin and shower
			 or bathtub as required in
			 105 CMR
			 410.150(A)(2)  and
			 410.150(A)(3)
			  or any defect which renders them
			 inoperable.
(3) Any defect in the
			 electrical, plumbing, or heating system which makes such system or any part
			 thereof in violation of generally accepted plumbing, heating, gasfitting, or
			 electrical wiring standards that do not create an immediate hazard.
(4) Failure to maintain a safe handrail or
			 protective railing for every stairway, porch balcony, roof or similar place as
			 required by
			 105 CMR 410.503(A)
			  and
			 410.503(B).
(5) Failure to eliminate rodents,
			 cockroaches, insect infestations and other pests as required by
			 105 CMR
			 410.550.