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 410.201 - Temperature Requirements

Current through Register 1525, July 5, 2024
The owner shall provide heat in every habitable room and every
				room containing a toilet, shower, or bathtub to at least 68°F (20° C)
				between 7:00 A.M. and 11:00 P.M. and at least 64°F (17° C) between
				11:01 P.M. and 6:59 A.M. every day other than during the period from June 15th
				to September 15th, both inclusive, in each year except and to the extent the
				occupant is required to provide the fuel under a written letting agreement. The
				temperature shall at no time exceed 78°F (25° C) during the heating
				season. The temperature may be read and the requirement shall be met at a
				height of five feet above floor level on a wall any point more than five feet
				from the exterior wall. The number of days per year during which heat must be
				provided in accordance with
				105 CMR 410.000 may be
				increased or decreased through a variance granted in accordance with the
				provisions of
				105 CMR 410.840
				notwithstanding the prohibitions of the first clause of the first sentence of
				105 CMR
				410.840(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 410.202 - Venting

Current through Register 1525, July 5, 2024
Space heaters and water heaters, except electrical ones, shall
				be properly vented to a chimney or vent leading to the
				outdoors.
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 410.210 - Provision of Oil

Current through Register 1525, July 5, 2024
The owner shall provide for the oil used for heating and/or hot
				water in each dwelling unit unless:
(A) Oil is provided through a separate oil
			 tank which serves only that dwelling unit; and
(B) The occupant is required to provide the
			 oil under a written rental agreement.
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 410.220 - Natural and Mechanical Ventilation

Current through Register 1525, July 5, 2024
(A)
			 Habitable rooms, and rooms with a toilet, bathtub or shower shall have:
(1) Windows, skylights, or doors through the
			 exterior walls or roofs that can be easily opened with a combined opening of at
			 least 4% of the floor area of that habitable room or room containing a toilet,
			 bathtub or shower; or
(2)
			 Mechanical ventilation capable of exhausting air to the outdoors.
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 410.230 - Owner's Laundering Responsibilities

Current through Register 1525, July 5, 2024
If an owner of a residence, including a rooming house and
				homeless shelter, provides bed linens, towels, pillows or mattresses to
				occupants:
(A) Bed linens and towels
			 shall be laundered between use by different individuals. If continuously used
			 by one individual, linens shall be cleaned at least weekly. Shared towels are
			 prohibited.
(B) Blankets shall be
			 replaced when worn. Each blanket shall be laundered between use by different
			 individuals. If used continuously by one individual, each blanket shall be
			 cleaned at least every three months, and more often if needed.
(C) Pillow covers and mattress covers shall
			 be cleaned when soiled and at least every three months.
(D) Mattresses shall be clean and in good
			 condition. Each mattress shall be cleaned or replaced when soiled or when not
			 in good condition.
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 410.235 - Owner's Installation, Maintenance and Repair Responsibilities

Current through Register 1525, July 5, 2024
The owner shall ensure proper installation, in compliance with
				accepted standards, and shall maintain in operable condition free from leaks,
				obstructions or other defects, all facilities and equipment which the owner is
				required to provide, and all owner installed equipment:
(A) The facilities and equipment the owner is
			 required to provide include, but are not limited to:
(1) Sinks;
(2) Bathtubs and/or showers;
(3) Toilets;
(4) Waterheating facilities;
(5) Gas pipes;
(6) Heating system;
(7) Water pipes;
(8) Conventional cooktop and oven, as
			 required by
			 105
			 CMR 410.100 except and to the extent the
			 occupant is required to provide these items under a written rental
			 agreement;
(9) Catch basins,
			 drains, vents and other similar supplied fixtures;
(10) Connections to water, sewer and gas
			 lines;
(11) Subsurface sewage
			 disposal system, if any;
(12)
			 Electrical light fixtures, switches, outlets and wiring;
(13) Smoke detectors and carbon monoxide
			 alarms as required by 780 CMR:
Massachusetts State Building
			 Code
and
			 527 CMR
			 1.00:
Massachusetts Comprehensive Fire Safety
			 Code
;
(14) All heating and
			 ventilating equipment; and
(15)
			 Refrigerator with freezer, as required by
			 105
			 CMR 410.100, except and to the extent the
			 occupant is required to provide these items under a written rental
			 agreement.
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 410.240 - Occupant's Installation and Maintenance Responsibilities

Current through Register 1525, July 5, 2024
(A) The occupant shall ensure proper
			 installation in compliance with accepted standards and shall maintain free from
			 leaks, obstructions and other defects, all occupant owned and installed
			 equipment including, but not limited to:
(1)
			 Dishwashers;
(2) Clothes washing
			 machines and dryers;
(3) Garbage
			 grinders;
(4) Air
			 conditioners;
(5) Microwave
			 ovens;
(6) Range ventilation
			 hoods;
(7) Electrical light
			 fixtures;
(8) Conventional cooktop
			 and oven, if required to provide under written rental agreement; and
(9) Refrigerator with freezer, if required to
			 provide under written rental agreement.
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 410.250 - Asbestos-containing Material

Current through Register 1525, July 5, 2024
Every owner shall maintain all asbestos-containing material in
				good repair, and free from any defects including, but not limited to, holes,
				cracks, tears, or any looseness which may allow the release of asbestos dust,
				or any powdered, crumbled, or pulverized asbestos-containing material. Every
				owner shall correct any violation of
				105
				CMR 410.250 in compliance with accepted
				standards as defined in
				105
				CMR 410.010.
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 410.251 - Kitchen Lighting and Electrical Outlets

Current through Register 1525, July 5, 2024
The owner shall provide for each kitchen:
(A) one electric light fixture;
(B) two wall-type convenience outlets located
			 in convenient locations; and
(C)
			 For each kitchen over 70 square feet, transparent or translucent glass which
			 admits light from the outdoors and which is equal in area to no less than 8% of
			 the entire floor area of that kitchen.
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 410.252 - Bathroom Lighting and Electrical Outlets

Current through Register 1525, July 5, 2024
The owner shall provide in each room containing a toilet,
				bathtub, or shower one electric light fixture. (
See
105 CMR
				410.150(A)(1)  and
				410.150(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 410.253 - Light Fixtures Other than in Habitable Rooms or Kitchens

Current through Register 1525, July 5, 2024
(A) The owner shall provide and so locate
			 electric light switches and fixtures in good working order so that illumination
			 may be provided for the safe and reasonable use of every laundry, pantry,
			 foyer, hallway, stairway, closet, storage place, cellar, porch, exterior
			 stairway and passageway.
(B) The
			 owner shall provide working incandescent light bulbs or fluorescent tubes in
			 all required light fixtures in all common areas of any dwelling.
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 410.254 - Light in Passageways, Hallways, and Stairways

Current through Register 1525, July 5, 2024
(A) Except as allowed in 105 CMR 410.254(B),
			 the owner shall provide light 24 hours per day so that illumination alone or in
			 conjunction with natural lighting shall be at least one foot candle as measured
			 at floor level, in every part of all interior passageways, hallways, foyers and
			 stairways used or intended for use by the occupants of more than one dwelling
			 unit or rooming unit:
(B) In a
			 dwelling containing three or fewer dwelling units, the light fixtures used to
			 illuminate a common hallway, passageway, foyer and/or stairway may be wired to
			 the electric service serving an adjacent dwelling unit provided that if the
			 occupant of such dwelling unit is responsible for paying for the electric
			 service to such dwelling unit:
(1) a written
			 agreement shall state that the occupant is responsible for paying for light in
			 the common hallway, passageway, foyer and/or stairway; and
(2) the owner shall notify the occupants of
			 the other dwelling units.
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 410.255 - Amperage

Current through Register 1525, July 5, 2024
The electrical service supplying each dwelling, dwelling unit,
				rooming house and/or rooming unit shall supply sufficient amperage to meet the
				reasonable needs of the occupants. Should the amperage be determined to be
				inadequate it shall be corrected so that it meets the amperage requirements of
				527 CMR 12.00:
The
				Massachusetts Electrical Code.
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 410.256 - Temporary Wiring

Current through Register 1525, July 5, 2024
No wiring shall lie under a rug or other floor covering, nor
				shall any extend through a doorway or other opening in a structural element. No
				temporary wiring shall be used or made available for use by any owner or
				occupant; provided, that extension cords which connect portable electric
				appliances or fixtures to convenience outlets shall not be considered temporary
				wiring.
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 410.257 - Light Obstructions

Current through Register 1525, July 5, 2024
If any light obstructing structure is located less than three
				feet from the outside of and extends to a level above the lower level of the
				transparent or translucent glass required by
				105
				CMR 410.250(A)  and
				410.251(C),
				that portion so obstructed shall not be included as contributing to the
				required minimum total glass area.
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 410.258 - Exemption of Dwellings More than 600 Feet from Electrical Service

Current through Register 1525, July 5, 2024
The provisions of
				105
				CMR 410.250 through
				410.257
				regarding the furnishing of electrical facilities shall apply only if a source
				of electricity is available from power lines within 600 feet of the
				dwelling.
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 410.260 - continued

Current through Register 1525, July 5, 2024
(A) Every dwelling unit, and rooming unit
			 shall have as many means of exit as will allow for the safe passage of all
			 people in accordance with 780 CMR:
Massachusetts State Building
			 Code
.
(B) No person shall
			 cause obstruction of any means of egress or passageway.
(C) In a single unit residence, the occupant
			 shall maintain free from obstruction all means of egress.
(D) In a multi-unit residence:
(1) The owner shall maintain free from
			 obstruction every means of egress in common areas used or intended for use by
			 occupants of more than one dwelling unit, except as provided for in
			 105
			 CMR 410.570(C)(2);
(2) The owner shall ensure every means of
			 egress is maintained at all times in a safe, operable condition. For all
			 exterior stairways, fire escapes, egress balconies and bridges, the owner shall
			 ensure:
(a) They are maintained free of snow
			 and ice;
(b) All corrodible
			 structural parts thereof are painted or otherwise protected against rust and
			 corrosion;
(c) All wood structural
			 members are treated to prevent rotting and decay; and
(d) All joints where these structural
			 elements tie directly into the building's structural system are sealed to
			 prevent water from damaging or corroding the structural elements.
(3) The occupant shall maintain
			 free from obstruction all means of egress within their dwelling unit or rooming
			 unit.
(4) The occupant is
			 responsible for maintaining free of snow and ice, the means of egress under
			 their exclusive use and control, provided there is a written rental agreement
			 that clearly identifies the occupant's responsibility.
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 410.270 - Locks

Current through Register 1525, July 5, 2024
(A) The owner shall provide, install and
			 maintain locks in the following manner and shall comply with the requirements
			 of 780 CMR:
Massachusetts State Building Code
and 521 CMR:
Architectural Access Board Regulations
, and M.G.L. c. 143
			 § 3R so that:
(1) Every residence shall
			 be capable of being secured against unlawful entry.
(2) Every entry door of a dwelling unit shall
			 be capable of being secured against unlawful entry.
(3) The main entry door of a residence
			 containing more than three dwelling units shall be so designed or equipped so
			 as to close and lock automatically with a lock, including a lock with an
			 electrically-operated striker mechanism, a self-closing door, and associated
			 equipment. If two doors enclose an entryway between the common areas of the
			 residence and the exterior of the residence, only one door must meet this
			 requirement. This requirement shall not apply to:
(a) Lodging houses, as defined in M.G.L. c.
			 140, § 22;
(b) Dormitories of
			 charitable, educational or philanthropic institutions;
(c) Housing Authorities, as defined in M.G.L.
			 c. 121B; or
(d) Homeless
			 shelters.
(4) Every
			 exterior door of the residence, except the main entry door listed in
			 105
			 CMR 410.270(A)(3), shall be
			 equipped with an operating lock.
(5) All egress doors shall be capable of
			 being opened from the side in which egress is to be made without use of any
			 key, keypad, or other specialized knowledge in order to avoid entrapment in the
			 building.
(6) Every openable
			 exterior window shall be capable of being secured.
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 410.280 - Natural and Mechanical Ventilation

Current through Register 1525, July 5, 2024
The owner shall provide for each habitable room, and room
				containing a toilet, bathtub or shower, ventilation to the outdoors consisting
				of:
(A) windows, skylights, doors or
			 transoms in the exterior walls or roofs that can be easily opened to a minimum
			 of 4% of the floor area of that habitable room or room containing a toilet,
			 bathtub or shower, provided, that a skylight which if open exposes the interior
			 of the dwelling to direct rainfall shall not satisfy this requirement;
			 or
(B) Mechanical ventilation
			 capable of exhausting air at the following rates:
Occupancy
						  Classification
Required Air Changes Per
						  Hour
Habitable rooms other than bath, toilet or shower
						  rooms
2
Bath, toilet or shower rooms
5
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 410.281 - Ventilation Shut-off

Current through Register 1525, July 5, 2024
Each mechanical ventilation system required by
				105 CMR
				410.280(B)  shall be
				equipped with an readily accessible means for either shut-off or volume
				reduction, and any other ventilation system shall be equipped with a readily
				accessible means for shut-off
(See
105 CMR
				410.351.)
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 410.300 - Electricity Supply and Illumination

Current through Register 1525, July 5, 2024
The owner of a residence shall provide the following for
				electrical supply and illumination:
(A) Habitable rooms other than a kitchen:
(1) Two separate wall-type receptacle outlets
			 in accessible locations, on different walls, and at least ten feet apart where
			 practical; or
(2) One outlet and
			 one electric light fixture.
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 410.310 - Auxiliary Emergency Lighting Systems and Exit Signs

Current through Register 1525, July 5, 2024
The owner of every residence of ten or more units shall provide
				and maintain in good working order the auxiliary emergency lighting systems and
				exit signs required by M.G.L. c. 143, § 21D.
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 410.320 - Electrical Service

Current through Register 1525, July 5, 2024
(A)
Temporary Wiring
.
(1)
			 No temporary wiring shall be used or made available for use by any owner or
			 occupant.
(2) No owner or occupant
			 shall place wiring under a rug or other floor covering.
(3) No wiring shall extend through a doorway
			 or other opening in a structural element.
(4) Extension cords which connect portable
			 electric appliances or fixtures to outlets and which have an appropriate size
			 rating for the electrical load shall not be considered temporary
			 wiring.
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 410.330 - Smoke Detectors and Carbon Monoxide Alarms

Current through Register 1525, July 5, 2024
(A)
			 The owner shall provide, install, and maintain in operable condition smoke
			 detectors and carbon monoxide alarms in every residence that is required to be
			 equipped with smoke detectors and carbon monoxide alarms in accordance with
			 M.G.L. c. 148, §§ 26 C-F1/2 and 780 CMR:
Massachusetts State
			 Building Code
,
			 527 CMR
			 1.00:
Massachusetts Comprehensive Fire Safety
			 Code
, and
			 248 CMR
			 10.00:
Uniform State Plumbing Code
and in compliance with accepted standards.
(B) The board of health shall immediately
			 notify the chief of the local fire department of any violation of
			 105
			 CMR 410.330 which is observed during an
			 inspection of any residence.
(C) If
			 any residence is found by the local fire department to be adequately equipped
			 with smoke detectors and carbon monoxide alarms, the board of health shall not
			 be authorized by
			 105
			 CMR 410.330 to impose any additional or
			 differing smoke detector or carbon monoxide alarm requirement beyond that which
			 has been found sufficient by the local fire 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 410.350 - Plumbing Connections

Current through Register 1525, July 5, 2024
(A) Every required
			 kitchen sink, wash basin and shower or bathtub shall be connected to the hot
			 and cold water lines of the water distribution system (
See
105 CMR 410.180 )
			 and to a sanitary drainage system (
See
105 CMR
			 410.300 ) in accordance with accepted
			 plumbing standards.
(B) Every
			 provided toilet shall be connected to the water distribution system (See
			 105 CMR 410.180 )
			 and to a sanitary drainage system (
See
105 CMR
			 410.300 ) in accordance with accepted
			 plumbing standards.
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 410.351 - Owner's Installation and Maintenance Responsibilities

Current through Register 1525, July 5, 2024
The owner shall install or cause to be installed, in accordance
				with accepted plumbing, gasfitting and electrical wiring standards, and shall
				maintain free from leaks, obstructions or other defects, the following:
(A) all facilities and equipment which the
			 owner is or may be required to provide including, but not limited to, all
			 sinks, washbasins, bathtubs, showers, toilets, water heating facilities, gas
			 pipes, heating equipment, water pipes, owner installed stoves and ovens, catch
			 basins, drains, vents and other similar supplied fixtures; the connections to
			 water, sewer and gas lines; the subsurface sewage disposal system, if any; all
			 electrical fixtures, outlets and wiring, smoke detectors and carbon monoxide
			 alarms, and all heating and ventilating equipment and appurtenances thereto;
			 and
(B) all owner-installed
			 optional equipment, including but not limited to, refrigerators, dishwashers,
			 clothes washing machines and dryers, garbage grinders, and submetering devices
			 designed to measure the usage of electricity, gas or water.
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 410.352 - Occupant's Installation and Maintenance Responsibilities

Current through Register 1525, July 5, 2024
(A) The occupant shall install in accordance
			 with accepted plumbing, heating, gas fitting, and electrical wiring standards,
			 and shall maintain free from leaks, obstructions and other defects, all
			 occupant owned and installed equipment such as, but not limited to,
			 refrigerators, clothes washing machines and dryers, dishwashers, stoves,
			 garbage grinders and electrical fixtures.
(B) Every occupant of a dwelling unit shall
			 keep all toilets, wash basins, sinks, showers, bathtubs, stoves, refrigerators
			 and dishwashers in a clean and sanitary condition and exercise reasonable care
			 in the proper use and operation thereof.
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 410.353 - Asbestos Material

Current through Register 1525, July 5, 2024
Every owner shall maintain all asbestos material in good
				repair, and free from any defects including, but not limited to, holes, cracks,
				tears or any looseness which may allow the release of asbestos dust, or any
				powdered, crumbled or pulverized asbestos material. Every owner shall correct
				any violation of 105 CMR 410.353 in accordance with the regulations of the
				Department of Environmental Protection appearing at
				310 CMR
				7.00 and in accordance with the regulations of the
				Department of Labor and Workforce Development appearing at
				453 CMR
				6.00.
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 410.354 - Metering of Electricity, Gas and Water

Current through Register 1525, July 5, 2024
(A)
			 The owner shall provide the electricity and gas used in each dwelling unit
			 unless
(1) Such gas or electricity is metered
			 through a meter which serves only the dwelling unit or other area under the
			 exclusive use of an occupant of that dwelling unit, except as allowed by
			 105 CMR
			 410.254(B); and
(2) A written letting agreement provides for
			 payment by the occupant.
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 410.355 - Provision of Oil

Current through Register 1525, July 5, 2024
The owner shall provide the oil used for heating and/or hot
				water in each dwelling unit unless such oil is provided through a separate oil
				tank which serves only that dwelling unit, provided however, that
				105 CMR 410.000 shall only
				apply to tenancies created or renewed after July 1, 1994.
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 410.400 - Owner/Manager Contact Information and Notice of Occupants' Legal Rights and Responsibilities

Current through Register 1525, July 5, 2024
(A) Every owner
			 of a residence who does not reside therein shall post signage, which contains
			 the owner's name, street address and telephone number, and, if applicable:
(1) The name, street address and telephone
			 number of the president of the corporation;
(2) The name, street address and a telephone
			 number of the managing trustee or partner if the owner is a realty trust or
			 partnership; or
(3) The name,
			 street address and telephone number of a property manager who does not reside
			 in the building.
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 410.401 - Ceiling Height

Current through Register 1525, July 5, 2024
(A) No room shall
			 be considered habitable if more than ¾ of its floor area has a
			 floor-to-ceiling height of less than seven feet.
(B) In computing total floor area for the
			 purpose of determining maximum permissible occupancy, that part of the floor
			 area where the ceiling height is less than five feet shall not be
			 considered.
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 410.402 - Grade Level

Current through Register 1525, July 5, 2024
No room or area in a dwelling may be used for habitation if
				more than ½ of its floor-to-ceiling height is below the average grade of
				the adjoining ground and is subject to chronic dampness.
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 410.410 - Building Identification

Current through Register 1525, July 5, 2024
The owner shall affix to every building covered by
				105 CMR
				410.000, a number representing the address of such
				building. The number shall be of a nature and size and shall be situated on the
				building so that, to the extent practicable, it is visible from the nearest
				street providing vehicular access to such building (
see
M.G.L.
				c. 148, § 59).
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 410.420 - Habitability Requirements

Current through Register 1525, July 5, 2024
(A) No room or area
			 in a residence may be used for habitation if it is subject to excess
			 moisture.
(B) No room shall be
			 considered habitable if more than % of its total floor area has a
			 floor-to-ceiling height of less than seven feet.
(C) No area of a room where the ceiling
			 height is less than five feet shall be considered habitable space required by
			 105
			 CMR 410.420(D).
(D)
Minimum Square
			 Footage
.
(1) Every dwelling unit
			 shall contain at least 150 square feet of habitable floor space for its first
			 occupant, and at least 100 square feet of habitable floor space for each
			 additional occupant.
(2) A rooming
			 unit shall contain a minimum of 100 square feet of habitable floor space when:
(a) The unit contains one single room for
			 living and sleeping only; and
(b)
			 Is occupied by no more than one person.
(3) In every residence, each room used for
			 sleeping purposes by one occupant shall contain at least 70 square feet of
			 floor space.
(4) In every
			 residence, each room used for sleeping by more than one occupant shall contain
			 at least 50 square feet of floor space for each occupant.
(5) Homeless shelters are exempt from
			 105
			 CMR 410.420(D)(1) through
			 (4) but must provide an alternating sleeping
			 configuration to allow for six feet of separation head to head between bed
			 occupants, wherever feasible.
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 410.430 - Natural Light and Obstructions

Current through Register 1525, July 5, 2024
(A) The owner
			 shall provide transparent or translucent glass which admits unobstructed light
			 from the outdoors equal in area to a minimum 8% of the entire floor area in:
(1) Habitable rooms other than a
			 kitchen.
(2) Kitchens which have a
			 floor area greater than 70 square feet.
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 410.431 - Any Exceptions to Minimum Standards Must Be Specified

Current through Register 1525, July 5, 2024
All temporary housing shall be subject to the requirements of
				these minimum standards, except as the board of health may provide in its
				written permission.
(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 410.440 - Temporary Housing

Current through Register 1525, July 5, 2024
(A) No person may
			 allow temporary housing to be occupied without the written permission of the
			 board of health.
(B) All temporary
			 housing shall be subject to the requirements of
			 105 CMR
			 410.000, except as the board of health may otherwise
			 provide in its written permission.
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 410.450 - Means of Egress

Current through Register 1525, July 5, 2024
Every dwelling unit, and rooming unit shall have as many means
				of exit as will allow for the safe passage of all people in accordance with 780
				CMR 104.0, 105.1, and 805.0 of the Massachusetts State Building
				Code.
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 410.451 - Egress Obstructions

Current through Register 1525, July 5, 2024
No person shall obstruct any exit or passageway. The owner is
				responsible for maintaining free from obstruction every exit used or intended
				for use by occupants of more than one dwelling unit or rooming unit. The
				occupant shall be responsible for maintaining free from obstruction all means
				of exit leading from his unit and not common to the exit of any other
				unit.
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 410.452 - Safe Condition

Current through Register 1525, July 5, 2024
The owner shall maintain all means of egress at all times in a
				safe, operable condition and shall keep all exterior stairways, fire escapes,
				egress balconies and bridges free of snow and ice, provided, however, in those
				instances where a dwelling has an independent means of egress, not shared with
				other occupants, and a written letting agreement so states, the occupant is
				responsible for maintaining free of snow and ice, the means of egress under his
				or her exclusive use and control. All corrodible structural parts thereof shall
				be kept painted or otherwise protected against rust and corrosion. All wood
				structural members shall be treated to prevent rotting and decay. Where these
				structural elements tie directly into the building structural system, all
				joints shall be sealed to prevent water from damaging or corroding the
				structural elements.
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 410.460 - Homeless Shelters

Current through Register 1525, July 5, 2024
All homeless shelters shall comply with
				105 CMR
				410.000 with the following exceptions:
(A) Homeless shelters are not required to
			 provide a bathroom door capable of being closed to afford privacy as required
			 by 105 CMR
			 410.110(A), provided entry
			 into the room is designed to block the view from an adjacent room or common
			 area.
(B) Homeless shelters are not
			 required to comply with the toilet and bathroom ratios established in
			 105
			 CMR 410.110(E).
(C) Homeless shelters are not required to
			 have a lock with a striker mechanism or provide keys to all occupants, as
			 required by105 CMR 410.270(A)(3) and
			 (B).
(D) Homeless shelters are exempt from the
			 minimum square footage requirements established in
			 105
			 CMR 410.420(D), provided the
			 space should be configured to provide at least six feet head-to-head separation
			 between bed occupants, wherever feasible.
(E) Homeless shelters are not required to
			 comply with the installation of screens on doorways required by
			 105
			 CMR 410.540(C).
(F) Homeless shelters are not required to
			 comply with the inspection requirement in
			 105
			 CMR 410.550(F), provided
			 they establish pest management policies that include periodic inspection for
			 pest infestation.
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 410.470 - Lead-based Paint Hazards in Residences

Current through Register 1525, July 5, 2024
All residences must be in compliance with the requirements of
				105 CMR
				460.000:
Lead Poisoning Prevention and
				Control
.
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 410.480 - Locks

Current through Register 1525, July 5, 2024
The owner shall provide, install and maintain locks so
				that:
(A) Every dwelling unit shall be
			 capable of being secured against unlawful entry.
(B) Every door of a dwelling unit shall be
			 capable of being secured from unlawful entry.
(C) The main entry door of a dwelling
			 containing more than three dwelling units shall be so designed or equipped so
			 as to close and lock automatically with a lock, including a lock with an
			 electrically-operated striker mechanism, a self-closing door and associated
			 equipment. Every door of the main common entryway and every exterior door into
			 said dwelling, other than the door of such main common entryway which is
			 equipped as provided in the preceding sentence shall be equipped with an
			 operating lock. (M.G.L. c. 143, § 3R.)
(D) Every entry door of a dwelling unit or
			 rooming unit shall be capable of being secured from unlawful entry.
(E) Every openable exterior window shall be
			 capable of being secured.
(F)
			 Locking devices shall comply with the requirements of 780 CMR 1017.4.1 to avoid
			 entrapment in the building.
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 410.481 - Posting of Name of Owner

Current through Register 1525, July 5, 2024
An owner of a dwelling which is rented for residential use, who
				does not reside therein and who does not employ a manager or agent for such
				dwelling who resides therein, shall post and maintain or cause to be posted and
				maintained on such dwelling adjacent to the mailboxes for such dwelling or
				elsewhere in the interior of such dwelling in a location visible to the
				residents a notice constructed or durable material, not less than 20 square
				inches in size, bearing his name, address and telephone number. If the owner is
				a realty trust or partnership, the name, address and telephone number of the
				managing trustee or partner shall be posted. If the owner is a corporation, the
				name, address and telephone number of the president of the corporation shall be
				posted. Where the owner employs a manager or agent who does not reside in such
				dwelling, such manager or agent's name, address and telephone number shall also
				be included in the notice. (
See
M.G.L. c. 143, §
				3S.)
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 410.482 - Smoke Detectors and Carbon Monoxide Alarms

Current through Register 1525, July 5, 2024
(A) Owners shall provide, install, and
			 maintain in operable condition smoke detectors and carbon monoxide alarms in
			 every dwelling that is required to be equipped with smoke detectors and carbon
			 monoxide alarms in accordance with any provision of the Massachusetts General
			 Laws and any applicable regulations of the State Board of Fire Prevention (527
			 CMR), State Board of Building Regulations and Standards (780 CMR), or the Board
			 of Examiners of Plumbers and Gas Fitters (248 CMR).
(B) The board of health shall immediately
			 notify the chief of the local fire department of any violation of 105 CMR
			 410.482 which is observed during an inspection of any dwelling.
(C) If any dwelling is found by the local
			 fire department to be adequately equipped with smoke detectors and carbon
			 monoxide alarms, the board of health shall not be authorized by 105 CMR 410.482
			 to impose any additional or differing smoke detector or carbon monoxide alarm
			 requirement beyond that which has been found sufficient by the local fire
			 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 410.483 - Auxiliary Emergency Lighting Systems and Exit Signs

Current through Register 1525, July 5, 2024
The owner of every multiple dwelling of ten or more units shall
				provide such dwelling with an auxiliary emergency lighting system independent
				of the conventional lighting system, and with lighted signs indicating both a
				primary and secondary means of egress, by a diagram or signal so as to assure
				recognition by all persons regardless of their English speaking ability. Such
				lighting system signs shall be maintained in good working order in compliance
				with any applicable regulations promulgated by the Commissioner of Public
				Safety (See 780 CMR 1023.0, 780 CMR 1024.0 and M.G.L. c.143, §
				21D).
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 410.484 - Building Identification

Current through Register 1525, July 5, 2024
The owner shall affix to every building covered by
				105 CMR 410.000, a number
				representing the address of such building. The number shall be of a nature and
				size and shall be situated on the building so that, to the extent practicable,
				it is visible from the nearest street providing vehicular access to such
				building (M.G.L. c. 148, § 59).
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 410.500 - Owner's Responsibility to Maintain Building and Structural Elements

Current through Register 1525, July 5, 2024
(A) Every owner of a residence shall maintain
			 all buildings and structural elements in compliance with accepted standards so
			 they are in good repair and in every way fit for the intended use, including:
(1) Protected from wind, rain and snow, and
			 are watertight, free from excess moisture or the appearance of mold, and pest
			 resistant; and
(2) Free from holes,
			 cracks, loose plaster, or defects that render the area difficult to keep clean,
			 create an injury risk, or provide an entry or harborage for
			 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 410.501 - Weathertight Elements

Current through Register 1525, July 5, 2024
(A) A window shall
			 be considered weathertight only if:
(1) all
			 panes of glass are in place, unbroken and properly caulked; and
(2) the window opens and closes fully without
			 excessive effort; and
(3) exterior
			 cracks between the prime window frame and the exterior wall are caulked;
			 and
(4) one of the following
			 conditions is met:
(a) a storm window is
			 affixed to the prime window frame, with caulking installed so as to fill
			 exterior cracks between the storm window frame and the prime window frame;
			 or
(b) weatherstripping is applied
			 such that the space between the window sash and the prime window frame is no
			 larger than 1/16 inch at any point on the perimeter of the sash, in the case of
			 double hung windows and 1/32 inch in the case of casement windows; or
(c) the window sash is sufficiently
			 well-fitted such that, without weatherstripping, the space between the window
			 sash and the prime window frame is no larger than 1/16 inch at any point on the
			 perimeter of the sash in the case of double hung windows and 1/32 inch in the
			 case of casement windows.
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 410.502 - Use of Lead Paint Prohibited

Current through Register 1525, July 5, 2024
No paint that contains lead shall be used in painting any
				surface of any dwelling. (
See
105 CMR
				460.000.)
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 410.503 - Protective Railings and Walls

Current through Register 1525, July 5, 2024
The owner of all dwellings shall provide:
(A) A safe handrail for every stairway that
			 is used or intended for use by the occupant as required by 780 CMR:
			 Massachusetts State Building Code.
(B) A wall or guardrail on the open side of
			 all stairways no less than 30 inches in height. Any such guardrail replaced or
			 constructed after August 28, 1997 (effective date of Massachusetts State
			 Building Code, Sixth Edition) shall be not less than 34 inches in height ( 780
			 CMR 1022.2.2 and 3603.14.2.1 ).
(C)
			 A wall or guardrail at least 36 inches in height, enclosing every porch,
			 balcony, mezzanine, landing, roof or similar place, which is 30 inches or more
			 above the ground and that is used or intended for use by the occupants. Any
			 such wall or guardrail for other than Use Group R-4 and along opens sided floor
			 areas, mezzanines and landings in occupancies in Use Group R-3, replaced or
			 constructed after August 28, 1997, shall not be less than 42 inches in height
			 (780 CMR 102 and 3603.14).
(D)
			 Between all required guardrails and open handrails, balusters placed at
			 intervals of no more than six inches, or any other ornamental pattern between
			 the guardrail or handrail and floor or stair such that a sphere six inches in
			 diameter can not pass through the opening. Any balusters or ornamental work
			 constructed or replaced after August 28, 1997 shall have no space greater than
			 4½ inches and in all use groups other than R-4, shall not be constructed
			 as to provide a ladder effect (780 CMR 1021 and 3603.14).
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 410.504 - Non-absorbent Surfaces

Current through Register 1525, July 5, 2024
The owner shall provide:
(A) On the floor surfaces of every room
			 containing a toilet, shower or bathtub and every kitchen and pantry, a smooth,
			 noncorrosive, nonabsorbent and water proof covering. This shall not prohibit
			 the use of carpeting in kitchens and bathrooms, nor the use of wood in the
			 kitchen, provided they meet the following qualifications:
(1) Carpeting must contain a solid,
			 nonabsorbent, water repellent backing which will prevent the passage of
			 moisture through it to the floor below; and
(2) Wood flooring must have a water resistant
			 finish and have no cracks to allow the accumulation of dirt and food, or the
			 harborage of insects.
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 410.505 - Occupant's Responsibility Respecting Structural Elements

Current through Register 1525, July 5, 2024
The occupant shall exercise reasonable care in the use of the
				floors, walls, doors, windows, ceilings, roof, staircases, porches, chimneys,
				and other structural elements of the dwelling.