the code doc is here

105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1615
105 CMR 410.000:
MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION (STATE



SANITARY CODE, CHAPTER II)

Section

410.001: Purpose
410.002: Authority
410.003: Citation
410.010: Scope
410.020: Definitions
410.100: Kitchen Facilities
410.150: Washbasins, Toilets, Tubs and Showers
410.151: Shared Facilities
410.152: Privies and Chemical Toilets Prohibited; Exceptions
410.180: Potable Water
410.190: Hot Water
410.200: Heating Facilities Required
410.201: Temperature Requirements
410.202: Venting
410.250: Habitable Rooms Other than Kitchen -- Natural Light and Electrical Outlets
410.251: Kitchen Lighting and Electrical Outlets
410.252: Bathroom Lighting and Electrical Outlets
410.253: Light Fixtures Other than in Habitable Rooms or Kitchens
410.254: Light in Passageways, Hallways, and Stairways
410.255: Amperage
410.256: Temporary Wiring
410.257: Light Obstructions
410.258: Exemption of Dwellings More than 600 Feet from Electrical Service
410.280: Natural and Mechanical Ventilation
410.281: Ventilation Shut-off
410.300: Sanitary Drainage System Required
410.350: Plumbing Connections
410.351: Owner's Installation and Maintenance Responsibilities
410.352: Occupant's Installation and Maintenance Responsibilities
410.353: A*****estos Material
410.354: Metering of Electricity, Gas and Water
410.400: Minimum Square Footage
410.401: Ceiling Height
410.402: Grade Level
410.430: Temporary Housing Allowed Only with Board of Health Permission
410.431: Any Exceptions to Minimum Standards Must Be Specified
410.450: Means of Egress
410.451: Egress Obstructions
410.452: Safe Condition
410.480: Locks
410.481: Posting of Name of Owner
410.482: Smoke Detectors and Carbon Monoxide Alarms
410.483: Auxiliary Emergency Lighting Systems, and Exit Signs
410.484: Building Identification
410.500: Owner's Responsibility to Maintain Structural Elements
410.501: Weathertight Elements
410.502: Use of Lead Paint Prohibited
410.503: Protective Railings and Walls
410.504: Non-absorbent Surfaces
410.505: Occupant's Responsibility Respecting Structural Elements
410.550: Extermination of Insects, Rodents and Skunks
410.551: Screens for Windows
410.552: Screens for Doors
410.553: Installation of Screens
410.600: Storage of Garbage and Rubbish

105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1616
Section: continued

410.601: Collection of Garbage and Rubbish
410.602: Maintenance of Areas Free from Garbage and Rubbish
410.620: Curtailment Prohibited
410.700: Inspectors Duty to Classify Violations
410.750: Conditions Deemed to Endanger or Impair Health or Safety
410.800: General Administration
410.810: Access for Repairs and Alterations
410.820: Inspection Upon Request
410.821: Inspection Form
410.822: Conduct of Inspections
410.830: Correction Orders
410.831: Dwellings Unfit for Human Habitation; Hearing; Condemnation; Order to Vacate; Demolition
410.832: Content of Orders
410.833: Service of Orders
410.840: Variances
410.850: Right to Hearing
410.851: Hearing Notice
410.852: Time for Hearing
410.853: Hearing Procedures
410.854: Final Decision After Hearing; Failure to Comply with Final Order
410.855: Official Hearing Review
410.860: Appeal of Final Decision
410.900: Penalties for Interference with Inspections
410.910: Penalty for Failure to Comply with Order
410.920: Penalty for Other Offenses
410.950: Condemnation, Placarding and Vacating Dwellings
410.960: Correction of Violations by Board of Health; Expenses
410.990: Appendix: Forms

410.001: Purpose

The purposes of 105 CMR 410.000 are to protect the health, safety and well-being of the occupants of
housing and of the general public, to facilitate the use of legal remedies available to occupants of substandard
housing, to assist boards of health in their enforcement of this code and to provide a method of notifying
interested parties of violations of conditions which require immediate attention.

410.002: Authority

105 CMR 410.000 is adopted under authority of M.G.L. c. 111, §§ 3 and 127A.

410.003: Citation

105 CMR 410.000 shall be known, and may be cited, as 105 CMR 410.000: State Sanitary Code Chapter
II: Minimum Standards of Fitness for Human Habitation.

410.010: Scope

(A) No person shall occupy as owner-occupant or let to another for occupancy any dwelling, dwelling unit,
mobile dwelling unit, or rooming unit for the purpose of living, sleeping, cooking or eating therein, which does
not comply with the requirements of 105 CMR 410.000.

(B) The provisions of 105 CMR 410.000 shall not apply to any dwelling which:
(1) is located on a campground that is being operated in compliance with 105 CMR 420.000, 105 CMR
430.000, or 310 CMR 14.00; or
(2) is otherwise required to conform with standards of fitness for human habitation elsewhere existing in
the State Sanitary Code; or
(3) is used exclusively as a civil defense shelter.

105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1617
410.010: continued

(C) Nothing contained herein shall be construed to limit or otherwise restrict any person from seeking judicial
relief in a court of competent jurisdiction notwithstanding any hearing, proceeding or other administrative
remedy set forth in 105 CMR 410.000.

410.020: Definitions

A*****estos means:
(1) chrysotile, amosite, crocidolite; or
(2) in fibrous form, tremolit-a*****estos, anthophyllite-a*****estos, or actinolite-a*****estos.

A*****estos Material means a*****estos or any material containing a*****estos.

Board of Health means the appropriate and legally designated health authority of the city, town, county, or
other legally constituted governmental unit within the Commonwealth having the usual powers and duties of
the board of health of a city or town, or his or its authorized agent or representative.

Chronic Dampness means the regular and/or periodic appearance of moisture, water, mold or fungi.

Compliance means meeting all the requirements of 105 CMR 410.000. It shall also mean correcting any
violations of 105 CMR 410.000 in a work-personlike fashion and restoring all parts of the dwelling, or unit
thereof, to the condition they were in before occurrence of any such violations. Compliance shall also mean in
those cases where licenses or permits are required to perform work necessary to correct the violations, such as,
but not limited to building, plumbing and wiring that the appropriate official certifies that the work has been
completed in accordance with applicable laws and regulations.

Compostable Material means an organic material excluding waste water treatment residuals which has the
potential to be composted and which is pre-sorted and is not contaminated by significant amounts of toxic
substances, as those terms are or may be defined by 310 CMR 19.00: Solid Waste Management.

Composting means a process of accelerated biodegradation and stabilization of organic material under
controlled conditions yielding a product which can safely be used, as those terms are or may be defined by
310 CMR 19.00: Solid Waste Management.

A Condition Making a Unit Unfit for Human Habitation is a condition meeting the standard set forth in the
Massachusetts General Laws under which a board of health may justify closing down, condemning, or
demolishing a dwelling or dwelling unit. It shall mean a violation which poses such immediate harm or threat
of harm to an occupant or to the public that other legal remedies cannot be reasonably expected to bring about
removal of the condition with sufficient speed to prevent the serious harm or injury to the occupants or to the
public.

A Condition Which May Endanger or materially impair the health or safety and wellbeing of an occupant
means the existence of a condition, listed in 105 CMR 410.750 or any other condition so certified by the board
of health to be a violation, which may expose or subject to harm, the health or safety, and the well-being of an
occupant or the public.

Dwelling means every building or shelter including but not limited to rooming houses and temporary housing
used or intended for human habitation and every other structure or condition located within the same lot line
whose existence causes or is likely to effect noncompliance with the provisions of 105 CMR 410.000.

Dwelling Unit means the room or group of rooms within a dwelling used or intended for use by one family or
household for living, sleeping, cooking and eating. Dwelling unit shall also mean a condominium unit.

105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1618
410.020: continued

Entry Door of a Dwelling means any door of a dwelling which provides access to the common areas of the
dwelling from the exterior of the dwelling except that when there are two doors which enclose an entryway
between the common areas of the dwelling and the exterior of the dwelling it shall mean either of the doors.

Entry Door of a Dwelling Unit means any door of a dwelling unit which provides access to the common areas
of the dwelling or access to the outside of the dwelling.

Exterior Openable Window means any window designed and installed to open which opens to the common
interior areas of the dwelling or to the outside of the dwelling.

Exterminate means to eliminate insects and rodents.

Garbage means the animal, vegetable or other organic waste resulting from the handling, preparing, cooking,
consumption or cultivation of food, and containers and cans which have contained food unless such containers
and cans have been cleaned or prepared for recycling.

Habitable Room means every room or enclosed floor space used or intended to be used for living, sleeping,
cooking, or eating purposes, excluding rooms containing toilets, bathtubs or showers and excluding laundries,
pantries, foyers, communicating corridors, closets and storage spaces.

Historic building means any building covered by 105 CMR 410.000 which meets the definition of historic
building as defined in 780 CMR 3409.0.

Infestation means the recurrent presence of insects and/or rodents.

Legal remedy means any common law and other rights guaranteed by judicial decision, or the laws or
regulations of the Commonwealth of Massachusetts which are intended to protect the rights and interests of the
occupants affected by violations of 105 CMR 410.000 whether such provision authorizes an affirmative civil
action, criminal penalties, a defense to an action or claim by another.

Means of Egress means a continuous and unobstructed path of travel from any point in a dwelling to an
abutting public way (See 780 CMR 1002.0).

Mobile Dwelling Unit means a dwelling unit built on a chassis and containing electrical, plumbing, and
sanitary facilities and designed to be installed on a temporary or permanent foundation for permanent living
quarters.

Occupant means every person living or sleeping in a dwelling.

Owner means every person who alone or severally with others:
(1) has legal title to any dwelling, dwelling unit, mobile dwelling unit, or parcel of land,vacant or
otherwise, including a mobile home park; or
(2) has care, charge or control of any dwelling, dwelling unit, mobile dwelling unit or parcel of land,
vacant or otherwise, including a mobile home park, in any capacity including but not limited to agent,
executor, executrix, administrator, administratrix, trustee or guardian of the estate of the holder of legal
title; or
(3) is a mortgagee in possession of any such property; or
(4) is an agent, trustee or other person appointed by the courts and vested with possession or control of
any such property; or
(5) is an officer or trustee of the association of unit owners of a condominium. Each such person is
bound to comply with the provisions of these minimum standards as if he were the owner. Owner also
means every person who operates a rooming house.

Person means every individual, partnership, corporation, firm, association, or group, including a city, town,
county or other governmental unit, owning property or carrying on an activity regulated by 105 CMR 410.000.

105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1619
410.020: continued

Provide means to supply and pay for.

Representative or Occupant's Representative means any adult person designated and duly authorized to act on
the occupant's behalf, including, but not limited to, any person or group designee from a tenant's organization
or other community group.

Rooming House means every dwelling or part thereof which contains one or more rooming units in which
space is let or sublet for compensation by the owner or operator to four or more persons not within the second
degree of kindred to the person compensated. Boarding houses, hotels, inns, lodging houses, dormitories and
other similar dwelling places are included, except to the extent that they are governed by stricter standards
elsewhere created; provided that the provisions of 105 CMR 410.000 shall not apply to any hospital,
sanitorium, convalescent or nursing home, infirmary or boarding home for the aged licensed by the Department
of Public Health in accordance with the provisions of M.G.L. c. 111, § 51 or 71.

Rooming Unit means the room or group of rooms let to an individual or household for use as living and
sleeping quarters but not for cooking, whether or not common facilities for cooking are made available;
provided, that cooking facilities shall not be deemed common if they can be reached only by passing through
any part of the dwelling unit or rooming unit of another.

Rubbish means combustible and noncombustible waste materials, except garbage, and includes but is not
limited to such material as paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard
trimmings, grass clippings, tin cans, metals, mineral matter, glass, crockery, dust, and the residue from the
burning of wood, coal, coke and other combustible materials.

Stairway means any group of stairs consisting of three or more risers.

Temporary Housing means any tent, mobile dwelling unit, or other structure used for human shelter which is
designed to be transportable and which is not attached to the ground, to another structure, or to any utility
system on the same premises for more than 30 days.

Use Group R-3 means all buildings arranged for occupancy as one or two family dwelling units, including not
more than five lodgers per family and multiple single family dwellings where each unit has an independent
means of egress and is separated by a two-hour fire separation assembly.
Exceptions:
(1) In multiple single-family dwellings that are equipped throughout with an approved sprinkler system
installed in accordance with 780 CMR 906.2.1 or 906.2.2, the fire resistance rating of the dwelling unit
separation shall not be less than one hour. Dwelling unit separation wall shall be constructed as fire
partitions.
(2) In multiple single-family dwellings that are equipped throughout with an approved automatic
sprinkler system installed in accordance with 780 CMR 906.2.3, a two hour fire separation assembly shall
be provided between each pair of dwelling units. The fire resistance rating between each dwelling unit
shall not be less than one hour and shall be constructed as a fire partition (780 CMR 310.5).

Use Group R-4 means all detached one and two family dwellings not more than three stories in height and all
accessory structures (780 CMR 310.6).

Violation means any condition in a dwelling, dwelling unit, mobile dwelling unit, or rooming house or upon a
parcel of land which fails to meet any requirement of 105 CMR 410.000.

Water Conservation Device means for all showers, shower stalls, shower compartments or shower baths, a
low-flow showerhead which shall have a maximum flow rate not exceeding 2½ gallons of water per minute,
for all faucets a maximum flow rate not exceeding two and 2/10 gallons of water per minute and for all water
closets, ultra-low-flush water closets not exceeding one and 6/10 gallons of water per flush, contained within a
dwelling unit.

105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1620
410.020: continued

Water Submetering means the use of a meter by an owner who receives water from a water company, as
defined in M.G.L. c. 186, § 22, which meter measures water supplied to a dwelling unit to enable the owner to
charge the tenant of the dwelling unit separately for water usage, or which meter measures water supplied to a
common area.

410.100: Kitchen Facilities

(A) Every dwelling unit, and every rooming house where common cooking facilities are provided, shall
contain suitable space to store, prepare and serve foods in a sanitary manner. The owner shall provide within
this space:
(1) A kitchen sink of sufficient size and capacity for washing dishes and kitchen utensils; and
(2) a stove and oven in good repair (see 105 CMR 410.351) except and to the extent the occupant is
required to do so under a written letting agreement; and
(3) space and proper facilities for the installation of a refrigerator.

(B) The facilities required in 105 CMR 410.100(A) shall have smooth and impervious surfaces and be free
from defects that make them difficult to keep clean, or creates an accident hazard.

410.150: Washbasins, Toilets, Tubs, and Showers

The owner shall provide no less than the following:

(A) For each dwelling unit:
(1) A toilet with a toilet seat in a room which is not used for living, sleeping, cooking or eating purposes
and which affords privacy to a person within said room.
(2) A wash basin in the same room as the toilet, or if the wash basin cannot be placed in the same room
as the toilet, it shall be placed in close proximity to the door leading directly into the room in which the
toilet is located. The kitchen sink may not be substituted for the wash basin required in 105 CMR
410.150(A).
(3) A bathtub or shower in the same room as the toilet or in another room which is not used for living,
sleeping, cooking or eating purposes and which affords privacy to a person within said room.
(4) Each room which contains a toilet, bathtub or shower shall be fitted with a door which is capable of
being closed.

(B) For no more than each eight occupants of rooming units and rooming houses who are not otherwise
provided with these facilities, in a room not used for living, sleeping, cooking or eating purposes and which
affords privacy to a person within said room:
(1) One toilet with a toilet seat and wash basin in the same room; provided, that where more than one
toilet is required in any toilet room used exclusively by males, urinals may be substituted for up to ½ of
the total number of toilets required, on the basis of one urinal substituted for one toilet; and
(2) One shower or bathtub in the same room as the toilet and wash basin or in another room not used for
living, sleeping, cooking or eating purposes and which affords privacy to a person within said room.
(3) In a room with more than one toilet, each toilet shall be separated by walls or partitions which afford
privacy.

(C) Toilet, bathtub and shower facilities as required in 105 CMR 410.150(A) and 410.150(B) shall be
accessible from within the building and shall be so placed as not to require passing through any part of another
dwelling unit or rooming unit.

(D) The fixtures as required in 105 CMR 410.150(A) and 410.150(B) shall have smooth and impervious
surfaces and be free from defects which make them difficult to keep clean, or create an accident hazard.

105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1621
410.151: Shared Facilities

The owner of any dwelling in which any toilet, wash basin, shower or bathtub is to be shared by the
occupants of more than one dwelling unit or one rooming unit shall maintain that toilet, wash basin, shower,
bathtub, walls and floors in a clean and sanitary condition, which shall include the cleaning and sanitizing of
said fixtures at least once every 24 hours.

410.152: Privies and Chemical Toilets Prohibited; Exceptions

No privy or chemical toilet shall be constructed or continued in use; provided, that the board of health may
approve in writing the construction or continued use of any privy or chemical toilet which it determines will
not (a) endanger the health of any person; or (b) cause objectionable odors or other undue annoyance. When
so approved, a privy or chemical toilet may, subject to written authorization of the board of health in
accordance with 310 CMR 15.00, qualify as a toilet within the requirements of 105 CMR 410.150(A) (see
105 CMR 410.840).
In no event may a privy be located within 30 feet of any building used for sleeping or eating, or of any lot
line or street.

410.180: Potable Water

The owner shall provide, for the occupant of every dwelling, dwelling unit, and rooming unit, a supply of
potable water sufficient in quantity and pressure to meet the ordinary needs of the occupant, connected with the
public water supply system, or with any other source that the board of health has determined does not endanger
the health of any potential user. (See 105 CMR 410.350 through 410.352).
In dwellings that are in compliance with the requirements of M.G.L. c. 186, § 22, the owner may charge
the occupants for actual water usage in accordance with M.G.L. c. 186, § 22. An owner may not shut off or
refuse water service to an occupant on the basis that the occupant has not paid a separately assessed water
usage charge.
Examination of the water system shall include an examination of the plumbing system and its actual
performance. If possible, such examination shall occur at the times and under such conditions as the occupant
has identified the system as being insufficient.

410.190: Hot Water

The owner shall provide and maintain in good operating condition the facilities capable of heating water.
The owner shall also provide the hot water for use at a temperature of not less than 110°F (43° C) and in a
quantity and pressure sufficient to satisfy the ordinary use of all plumbing fixtures which normally need hot
water for their proper use and function, unless and to the extent the occupant is required to provide fuel for the
operation of the facilities under a written letting agreement. The hot water shall not exceed 130°F (54° C).
Inspection of the hot water system shall include an examination of the hot water system and its actual
performance. If possible, such examination shall occur at the times and under such conditions as the occupant
has identified the system to be insufficient.

410.200: Heating Facilities Required

(A) The owner shall provide and maintain in good operating condition the facilities for heating every
habitable room and every room containing a toilet, shower or bathtub to such temperature as required under
105 CMR 410.201.

(B) Portable space heaters, parlor heaters, cabinet heaters, room heaters and any similar heaters having a
barometric fed fuel control and its fuel supply tank located less than 42 inches from the center of the burner as
well as the type of heating appliance adapted for burning kerosene, range oil or number one fuel oil and any
portable wick type space heaters shall not be used and shall not meet the requirements of 105 CMR 410.200.
(See M.G.L. c. 148, §§ 5A and 25B.)

105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1622
410.201: Temperature Requirements

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).

410.202: Venting

Space heaters and water heaters, except electrical ones, shall be properly vented to a chimney or vent
leading to the outdoors.

410.250: Habitable Rooms Other than Kitchen -- Natural Light and Electrical Outlets

The owner shall provide for each habitable room other than a kitchen:

(A) 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 room.

(B) two separate wall-type convenience outlets, or one such outlet and one electric light fixture. The outlets
shall be placed in practical locations and shall insofar as practicable, be on different walls and at least ten feet
apart. (See 105 CMR 410.351.)

410.251: Kitchen Lighting and Electrical Outlets

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.

410.252: Bathroom Lighting and Electrical Outlets

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).)

410.253: Light Fixtures Other than in Habitable Rooms or Kitchens

(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.

410.254: Light in Passageways, Hallways, and Stairways

(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:

105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1623
410.254: continued

(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.

410.255: Amperage

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.

410.256: Temporary Wiring

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.

410.257: Light Obstructions

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.

410.258: Exemption of Dwellings More than 600 Feet from Electrical Service

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.

410.280: Natural and Mechanical Ventilation

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

410.281: Ventilation Shut-off

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.)

105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1624
410.300: Sanitary Drainage System Required

The owner shall provide, for each dwelling, a sanitary drainage system connected to the public sewerage
system, provided, that if, because of distance or ground conditions, connection to a public sewerage system is
not practicable, the owner shall provide, and shall maintain in a sanitary condition, a means of sewage disposal
which is in compliance with 310 CMR 15.00: Subsurface Disposal of Sanitary Sewage (Title V). (See 105
CMR 410.840.)
In dwellings that are in compliance with the requirements of M.G.L. c. 186, § 22, the owner may charge
the occupants for the cost of sewer service in accordance with M.G.L. c. 186, § 22.

410.350: Plumbing Connections

(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.

410.351: Owner's Installation and Maintenance Responsibilities

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, waterheating 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.

410.352: Occupant's Installation and Maintenance Responsibilities

(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.

410.353: A*****estos Material

Every owner shall maintain all a*****estos 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 a*****estos dust, or any
powdered, crumbled or pulverized a*****estos 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.

105 CMR: DEPARTMENT OF PUBLIC HEALTH



4/8/05
105 CMR - 1624.1
410.354: Metering of Electricity, Gas and Water

(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.

(B) If the owner is required, by 105 CMR 410.000 or by a written letting agreement consistent with 105 CMR
410.000, to pay for the electricity or gas used in a dwelling unit, then such electricity or gas may be metered
through meters which serve more than one dwelling unit.

(C) If the owner is not required to pay for the electricity or gas used in a dwelling unit, then the owner shall
install and maintain wiring and piping so that any such electricity or gas used in the dwelling unit is metered
through meters which serve only such dwelling unit, except as allowed by 105 CMR 410.254(B).

(D) If the owner intends to separately bill the occupant for water or sewer services in accordance with the
provisions of M.G.L. c. 186, § 22, then the owner must be in compliance with all requirements of M.G.L. c.
186, § 22, including, but not limited to:
(1) Installing and maintaining, when necessary, a water submetering device that measures only water that
is supplied for the exclusive use of the particular dwelling unit and only to an area within the exclusive
possession and control of the occupant of such dwelling unit;
(2) Installing, or causing to be installed, water conservation devices on all showers, faucets, and toilets in
the dwelling unit;
(3) Having a written letting agreement with the occupant that describes the details of the water
submetering and water billing arrangements; and
(4) Filing a certificate, on a form provided by the Department of Public Health, with the Board of Health
or other appropriate municipal agency charged with enforcing the State Sanitary Code, and signed by the
owner under the pains and penalties of perjury, that the dwelling unit is in compliance with M.G.L. c. 186,
§ 22. The owner shall have a licensed plumber sign the certificate certifying that the water submetering
devices and ultra-low-flush toilets have been installed in accordance with accepted plumbing standards
and the requirements of M.G.L. c. 186, § 22, and shall attach appropriate documentation to verify the
services provided by the licensed plumber. The owner shall also provide a copy of the certificate to the
occupants of each dwelling unit with the written letting agreement that describes the details of the water
submetering and water billing arrangements.

(E) The owner shall allow occupants to have access to any water submeters that affect their dwelling unit in
order to ensure that such submeters are functioning properly.

410.355: Provision of Oil

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.

105 CMR: DEPARTMENT OF PUBLIC HEALTH



4/8/05
105 CMR - 1624.2
NON-TEXT PAGE



105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1625
410.400: Minimum Square Footage

(A) Every dwelling unit shall contain at least 150 square feet of floor space for its first occupant, and at least
100 square feet of floor space for each additional occupant, the floor space to be calculated on the basis of total
habitable room area.

(B) In a dwelling unit, every room occupied for sleeping purposes by one occupant shall contain at least 70
square feet of floor space; every room occupied for sleeping purposes by more than one occupant shall contain
at least 50 square feet of floor space for each occupant.

(C) In a rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least 80
square feet of floor space; every room occupied for sleeping purposes by more than one occupant shall contain
at least 60 square feet for each occupant.

410.401: Ceiling Height

(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.

410.402: Grade Level

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.

410.430: Temporary Housing Allowed Only with Board of Health Permission

No temporary housing may be used except with the written permission of the board of health.

410.431: Any Exceptions to Minimum Standards Must Be Specified

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.)

410.450: Means of Egress

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.

410.451: Egress Obstructions

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.

410.452: Safe Condition

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.

105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1626
410.480: Locks

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.

410.481: Posting of Name of Owner

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.)

410.482: Smoke Detectors and Carbon Monoxide Alarms

(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.

410.483: Auxiliary Emergency Lighting Systems and Exit Signs

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).

105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1627
410.484: Building Identification

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).

410.500: Owner's Responsibility to Maintain Structural Elements

Every owner shall maintain the foundation, floors, walls, doors, windows, ceilings, roof, staircases,
porches, chimneys, and other structural elements of his dwelling so that the dwelling excludes wind, rain and
snow, and is rodent-proof, watertight and free from chronic dampness, weathertight, in good repair and in
every way fit for the use intended. Further, he shall maintain every structural element free from holes, cracks,
loose plaster, or other defect where such holes, cracks, loose plaster or defect renders the area difficult to keep
clean or constitutes an accident hazard or an insect or rodent harborage.

410.501: Weathertight Elements

(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.

(B) An exterior door or a door leading from a dwelling unit to a common passageway shall be considered to
be weathertight only if:
(1) all panes of glass are in place, unbroken and properly caulked; and
(2) the door opens and closes fully without excessive effort; and
(3) exterior cracks between the prime door frame and the exterior wall are caulked; and
(4) one of the following conditions is met:
(a) a storm door is affixed to the prime door frame, with caulking installed so as to fill exterior
cracks between the storm door frame and the prime door frame; or
(b) weatherstripping is applied such that the space between the door and the prime door frame is no
larger than 1/16 inch at any point on the perimeter of the door or
(c) the door is sufficiently well-fitted such that, without weather-stripping, the space between the
door and the prime door frame is no larger than 1/16 inch at any point on the sides of the door or _
inch at any point on the top or bottom of the door.

(C) A wall, floor, ceiling or other structural element shall be considered weathertight only if all cracks and
spaces not part of heating, ventilating or air conditioning systems are caulked or filled in as to prevent
infiltration of exterior air or moisture.

410.502: Use of Lead Paint Prohibited

No paint that contains lead shall be used in painting any surface of any dwelling. (See 105 CMR
460.000.)

410.503: Protective Railings and Walls

The owner of all dwellings shall provide:

105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1628
410.503: continued

(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).

410.504: Non-absorbent Surfaces

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.

(B) On the walls of every room containing a toilet, shower or bathtub up to a height of 48 inches, a smooth
noncorrosive, nonabsorbent and waterproof covering.

(C) On wall areas above built-in bathtubs having installed shower heads and in shower compartments up to
height not less than six feet above the floor level, with a smooth, noncorrosive, nonabsorbent waterproof
covering. Such wall shall form a watertight joint with each other and with either the tub, receptor or shower
floor.

410.505: Occupant's Responsibility Respecting Structural Elements

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.

410.550: Extermination of Insects, Rodents and Skunks

(A) The occupant of a dwelling containing one dwelling unit shall maintain the unit free from all rodents,
skunks, cockroaches and insect infestation, and shall be responsible for exterminating them, provided,
however, that the owner shall maintain any screen, fence or other structural element necessary to keep rodents
and skunks from entering the dwelling.

(B) The owner of a dwelling containing two or more dwelling units shall maintain it and its premises free
from all rodents, skunks, cockroaches and insect infestation and shall be responsible for exterminating them.

105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1628.1
410.550: continued

(C) The owner of a rooming house shall maintain it and its premises free from all rodents, skunks,
cockroaches and insect infestation, and shall be responsible for exterminating them.

(D) Extermination shall be accomplished by eliminating the harborage places of insects and rodents, by
removing or making inaccessible materials that may serve as their food or breeding ground, by poisoning,
spraying, fumigating, trapping or by any other recognized and legal pest elimination method. All use of
pesticides within the interior of a dwelling, dwelling unit, rooming house, or mobile home shall be in
accordance with applicable laws and regulations of the Department of Food and Agriculture's Pesticide Board,
including those appearing at 333 CMR 13.00, which provide, among other things, that pesticide applicators or
their employers must give at least 48 hours pre-notification to occupants of all residential units prior to any
routine commercial application of pesticides for the control of indoor household or structural indoor pests.

105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1628.2
NON-TEXT PAGE


105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1629
410.551: Screens for Windows

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).

410.552: Screens for Doors

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

410.553: Installation of Screens

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.

410.600: Storage of Garbage and Rubbish

(A) Garbage or mixed garbage and rubbish shall be stored in watertight receptacles with tight-fitting covers.
Said receptacles and covers shall be of metal or other durable, rodent-proof material. Rubbish shall be stored
in receptacles of metal or other durable, rodent-proof material. Garbage and rubbish shall be put out for
collection no earlier than the day of collection.

(B) Plastic bags shall be used to store garbage or mixed rubbish and garbage only if used as a liner in
watertight receptacles with tight-fitting covers as required in 105 CMR 410.600(A), provided that the plastic
bags may be put out for collection except in those places where such practice is prohibited by local rule or
ordinance or except in those cases where the Department of Public Health determines that such practice
constitutes a health problem. For purposes of the preceding sentence, in making its determination the
Department shall consider, among other things, evidence of strewn garbage, torn garbage bags, or evidence of
rodents.

(C) 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 provide as many receptacles for the storage of garbage and
rubbish as are sufficient to contain the accumulation before final collection or ultimate disposal, and shall
locate them so as to be convenient to the tenant and so that no objectionable odors enter any dwelling.


105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1630
410.600: continued

(D) The occupants of each dwelling, dwelling unit, and rooming unit shall be responsible for the proper
placement of his garbage and rubbish in the receptacles required in 105 CMR 410.600(C) or at the point of
collection by the owner.

410.601: Collection of Garbage and Rubbish

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.)

410.602: Maintenance of Areas Free from Garbage and Rubbish

(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.

105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1631
410.620: Curtailment Prohibited

No owner or occupant shall cause any service, facility, equipment, or utility which is required to be made
available by 105 CMR 410.000 to be removed from or shut off from any occupied dwelling except for such
temporary period as may be necessary during actual repairs or alterations and where reasonable notice of
curtailment of service is given to the occupant, or during temporary emergencies when curtailment of service is
approved by the board of health. If any such service or facility that a person is required to provide by 105
CMR 410.000 or has agreed to supply by a written letting agreement becomes curtailed, that person shall take
immediate steps to cause its restoration. (See M.G.L. c. 186, § 14.)

410.700: Inspectors Duty to Classify Violations

Any one or more of the conditions specified in 105 CMR 410.750, when found to exist in residential
premises, shall always be deemed to be conditions which may endanger or materially impair the health or
safety, and well-being of an occupant or the public. The conditions specified in 105 CMR 410.750 are
specifically not intended as an exhaustive enumeration of such conditions. In addition to the conditions
specified in 105 CMR 410.750, the inspector shall determine if any other violations of 105 CMR 410.100
through 410.620, or any other conditions, are conditions which may endanger or materially impair the health or
safety, and well-being of an occupant or the public.

410.750: Conditions Deemed to Endanger or Impair Health or Safety

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.

105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1632
410.750: continued

(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 ga*****urning 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 a*****estos material used as insulation or covering on a pipe, boiler or furnace which may
result in the release of a*****estos dust or which may result in the release of powdered, crumbled or pulverized
a*****estos 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.

(P) Any other violation of 105 CMR 410.000 not enumerated in 105 CMR 410.750(A) through (O) shall be
deemed to be a condition which may endanger or materially impair the health or safety and well-being of an
occupant upon the failure of the owner to remedy said condition within the time so ordered by the board of
health.

410.800: General Administration

The provisions of 105 CMR 400.000: State Sanitary Code, Chapter I shall govern the administration and
enforcement of these minimum standards except as supplemented by 105 CMR 410.810 through 410.960.

410.810: Access for Repairs and Alterations

Every occupant of a dwelling, dwelling unit, or rooming unit shall give the owner thereof, or his agent or
employees, upon reasonable notice, reasonable access, if possible by appointment, to the dwelling, dwelling
unit, or rooming unit for the purpose of making such repairs or alterations as are necessary to effect compliance
with the provisions of 105 CMR 410.000.


105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1633
410.820: Inspection Upon Request

The board of health shall inspect a dwelling or dwelling unit upon receipt of a written, oral or telephonic
request for inspection regardless of whether the person requesting the inspection has previously notified the
owner of the dwelling of the condition(s) within the dwelling. All interior inspections shall be done in the
company of the occupant or the occupant's representative.

(A) The board of health shall use its best efforts to schedule and complete an inspection at a time mutually
satisfactory to the occupant and the board of health:
(1) within 24 hours after a receipt of a request when the condition or conditions alleged to exist include
one of the following:
(a) failure to maintain a supply of water connected with a safe water supply as required in 105 CMR
410.180; or
(b) failure to provide heat and to provide or maintain heating facilities in proper condition as
required by 105 CMR 410.200 through 410.202; or
(c) failure to provide light as required by 105 CMR 410.254 and 410.253; or
(d) failure to provide and maintain a sanitary drainage system as required by 105 CMR 410.300; or
(e) failure to maintain in safe operating condition any facilities fixtures and systems listed in 105
CMR 410.351; or
(f) termination or failure to restore promptly, water, hot water, heat electricity or gas; and
(g) failure to maintain exits unobstructed and in a safe condition as required by 105 CMR 410.451
and 410.452; or
(h) failure to maintain every entry door of a dwelling or dwelling unit as required by 105 CMR
410.480(B) and 410.480(D); or
(i) failure to maintain a dwelling unit free from leaks as required in 105 CMR 410.500; or
(j) failure to maintain a porch, balcony, roof or exterior stairway in a safe condition as required in
105 CMR 410.500, 410.503(B), and 410.503(C); or
(k) failure to maintain a dwelling or dwelling unit free from rodents, skunks, cockroaches and insect
infestation as required by 105 CMR 410.550; or
(2) within five calendar days after receipt of a request when the condition or conditions alleged to exist
does not include any of the violations enumerated in 105 CMR 410.820(A)(1).

(B) The board of health shall keep a record of all requests for inspections in a bound book with numbered
pages. The information to be recorded shall include but need not be limited to the name, if given, of the person
requesting the inspection, the time and date of each such request, the location of the dwelling, the nature of the
alleged violation(s) and the date the inspection is conducted. In lieu of the above, the required records may be
maintained within a computer system.

410.821: Inspection Form

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;

105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1634
410.821: continued

(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.

(B) A brief summary of the legal remedies available to the occupant of the affected premises, followed by this
statement:

"The information presented above is only a summary of the law. Before you decide to withhold your rent
or take any other legal action, it is advisable that you consult an attorney. If you cannot afford to consult an
attorney, you should contact the nearest Legal Services Office which is (name of Legal Services Office),
(address), (telephone number)."

410.822: Conduct of Inspections

(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.


105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1635
410.822: continued

(C) A verbal or written summary of the conditions noted during the inspection shall be given to the occupant
or the occupant’s representative at the conclusion of the inspection. Such report shall indicate the need for
additional inspection by a specialized inspector, if necessary. If a written report is requested at the time of the
inspection, it shall be left with the person making the request.

410.830: Correction Orders

If an inspection or examination as provided for in 105 CMR 400.100 (State Sanitary Code I General
Administrative Procedures) and/or 105 CMR 410.820 (Minimum Standards of Fitness for Human Habitation
(State Sanitary Code, Chapter II)) reveals that a dwelling does not comply with the provisions of 105 CMR
410.000, the board of health or its designated agent shall:

(A) within 12 hours after the inspection order the owner or occupant to make a good faith effort to correct
within 24 hours any of the following violations:
(1) failure to maintain a supply of water connected to a safe water supply as required in 105 CMR
410.180; or
(2) failure to provide heat and to provide or maintain heating facilities in proper condition as required by
105 CMR 410.200 or 410.201; or
(3) failure to provide light as required by 105 CMR 410.254; or
(4) failure to provide and maintain a sanitary drainage system as required by 105 CMR 410.300; or
(5) failure to maintain in safe operating condition any facilities fixtures and systems listed in 105 CMR
410.351; or
(6) termination or failure to restore promptly water, hot water, heat, electricity or gas; or
(7) failure to maintain exits unobstructed as required by 105 CMR 410.451; or
(8) failure to maintain every entry door of a dwelling unit as required by 105 CMR 410.480(D); or
(9) failure to maintain a dwelling unit free from leaks as required by 105 CMR 410.500; or
(10) failure to maintain a porch, balcony, roof or exterior stairway in a safe condition as required by 105
CMR 410.500; or
(11) failure to maintain a dwelling or dwelling unit free from rodents, skunks, cockroaches and insect
infestation as required by 105 CMR 410.550.

(B) within seven days after the inspection order the owner or occupant to begin necessary repairs or contract
in writing with a third party within five days for correction of all other violations or conditions listed in 105
CMR 410.750, 410.351 and 410.550 and to make a good faith effort to substantially correct all violations
within a period determined by the board of health but not exceeding 30 days.

(C) within five days after the dates for compliance specified in an order issued pursuant to 105 CMR 410.830,
the board of health shall make an onsite inspection to determine whether there has been compliance with said
order; provided, that said inspection shall be made within 24 hours of the dates for compliance specified in an
order if one or more of the violations or conditions are determined to be conditions which may endanger the
health or safety, and well-being of the occupant(s) as defined in 105 CMR 410.750. An inspection under
105 CMR 410.830 shall comply with the requirements of 105 CMR 410.822.

410.831: Dwellings Unfit for Human Habitation; Hearing; Condemnation; Order to Vacate; Demolition

(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.


105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1636
410.831: continued

(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.

(C) Hearing if dwelling or portion thereof is occupied. If the dwelling or portion thereof is occupied, then the
board shall, prior to issuing a finding under 105 CMR 410.831(A), and at least five days after service of the
notice required by 105 CMR 410.831(B), conduct a public hearing to determine whether the dwelling or
portion thereof is unfit for human habitation and whether an order to secure and to vacate should be issued. At
the hearing the occupant(s), owner, or any other affected party shall be given an opportunity to be heard, to
present witnesses or documentary evidence and to show why the dwelling or portion thereof should or should
not be found unfit for human habitation, and why an order to vacate and an order to close-up should or should
not be issued.

(D) Exception to notification and hearing requirements. If at any time the board of health determines in
writing that the danger to the life or health of the occupant(s) is so immediate that no delay may be permitted,
then the board of health may immediately issue a finding that an occupied dwelling or portion thereof is unfit
for human habitation without providing the notification or hearing specified in 105 CMR 410.831(B) and (C).
A copy of the determination of immediate danger, and a copy of the finding of unfitness for human habitation
shall be sent to each affected occupant, and to the owner.

(E) Condemnation, order to vacate, order to secure. At the same time, or at any time after the board of health
issues a finding that a dwelling or portion thereof is unfit for human habitation, the board may issue an order
condemning the dwelling or portion thereof and an order to vacate the dwelling or portion thereof, and an order
requiring the owner to secure the dwelling or portion thereof. If the dwelling or portion thereof which is
ordered to be secured is unoccupied (and therefore no public hearing was conducted prior to the issuance of the
order) then the owner or any other affected person shall have the right to request a hearing in accordance with
105 CMR 410.850 through 410.860. No dwelling or portion thereof which is ordered to be secured shall be
occupied without the prior written permission of the board of health based upon the board's written finding that
the dwelling or portion thereof to be occupied is fit for human habitation.

(F) Demolition. If one year after the issuance of an order to secure, compliance with the minimum standards
set forth in 105 CMR 410.000 has not been effected, then the board of health may cause the dwelling or portion
thereof to be demolished or removed.

410.832: Content of Orders

(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:

105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1637
410.832: continued

(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.

(C) If an inspection for all the standards in 105 CMR 410.000 reveals no violation of 105 CMR 410.000 the
board of health shall forward a copy of the inspection report and a letter so stating to the owner within seven
days of completion of the inspection.

410.833: Service of Orders

(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.

(C) A copy of every order issued under the provisions of 105 CMR 410.831 shall also be served upon every
mortgagee and lien holder of record by sending it registered or certified mail, return receipt requested.

(D) A copy of every order or subsequent notice issued under the provisions of 105 CMR 410.830 to an owner
shall also be personally delivered or sent by first class mail to the occupants of all affected premises, except
that when a violation in a common area affects more than three dwelling units or rooming units the notification
required by 105 CMR 410.000 may be satisfied by posting a copy of every order or subsequent notice in a
conspicuous place in the building.

410.840: Variances

(A) Except for those conditions enumerated under 105 CMR 410.750(A) through (O), the board of health may
vary the application of any provision of 105 CMR 410.000 with respect to any particular case when, in its
opinion, the enforcement thereof would do manifest injustice; provided that the decision of the board of health
shall not conflict with the spirit of these minimum standards or any other applicable statute, code or regulation,
and provided further, such variances may be granted only after notice is given to all affected occupants and
after a hearing is held. Any variance granted by the board of health shall be in writing and shall not be in
effect unless it is filed by the owner in the registry of deeds for the county, or appropriate district thereof, in
which the dwelling is located. A copy of any such variance shall, while it is in effect, be available to the public
at all reasonable hours in the office of the clerk of the city or town, or in the office of the board of health.

105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1638
410.840: continued

(B) Any variance of other modification authorized to be made by 105 CMR 410.000 may be subject to such
qualification, revocation, suspension or expiration as the board of health expresses in its grant. A variance or
other modification authorized to be made by 105 CMR 410.000 may otherwise be revoked, modified, or
suspended in whole or in part, only after the owners and affected occupants have been notified in writing and
have been given an opportunity to be heard, in conformity with the requirements for an order and hearing of
105 CMR 410.830 through 410.855.

(C) A variance from 105 CMR 410.480 may be granted only by the Massachusetts State Building Code
Commissioner when in its opinion, other security measures are in force which adequately protect the
resident(s) of such dwelling. (M.G.L. c. 143, § 3R.)

(D) A variance from 105 CMR 410.150(A)(2) which prohibits a kitchen sink to substitute for the required
washbasin may be granted by the board of health only if compliance would require extensive costly renovation.

(E) A variance from 105 CMR 410.503(B), (C) and (D) may be granted by the board of health for historic
buildings provided that the board of health finds that the public health will not be compromised.

410.850: Right to Hearing

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 has been served pursuant to any regulation of 105 CMR
410.000 (except for an order issued after the requirements of 105 CMR 410.831 have been satisfied); provided,
such petition must be filed within seven 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 under 105 CMR 410.000; provided, such petition
must be filed within 30 days after such inspection was requested; or
(2) to issue a report on an inspection as required by 105 CMR 410.000; provided, such petition must be
filed within 30 days after the inspection; or
(3) upon an inspection to find violations of 105 CMR 410.000 where 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
days after receipt of the inspection report; or
(4) to issue an order as required by 105 CMR 410.830; provided, that such petition must be filed within
30 days after receipt of the inspection report.

410.851: Hearing Notice

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.


105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1639
410.852: Time for Hearing

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.

410.853: Hearing Procedures

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.

410.854: Final Decision After Hearing; Failure to Comply with Final Order

(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.

410.855: Official Hearing Record

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.

410.860: Appeal of Final Decisions


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 therefrom in any court of competent jurisdiction, as provided
by the laws of this Commonwealth.

410.900: Penalties for Interference with Inspections

Any owner, occupant, or other person who refuses, impeded, inhibits, interferes with, restricts or obstructs
entry and free access to every part of the structure, operation or premises where inspection authorized by this
code is sought after a search warrant has been obtained and presented in accordance with 105 CMR
400.100(C), shall be fined upon conviction not less than ten nor more than $500.00.


105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1640
410.910: Penalty for Failure to Comply with Order

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. See also 105 CMR 410.854(B).

410.920: Penalty for Other Offenses

Any person who shall violate any provision of 105 CMR 410.000 for which penalty is not otherwise
provided in any of the 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.

410.950: Condemnation, Placarding and Vacating Dwellings

(A) If a written petition for a hearing is not filed in the office of the board of health within seven days after an
order of condemnation of any dwelling or portion thereof has been issued, or if after written notice that the
board of health is considering ordering a dwelling or portion thereof condemned and/or vacated and
demolished, or if after a hearing the order of condemnation of a dwelling or portion thereof is issued, the
dwelling or portion thereof so affected by the order shall be placarded by the board of health.

(B) No dwelling or portion thereof which has been condemned and placarded as unfit for human habitation
shall again be used for human habitation until written approval is secured from, and such placard is removed
by, the board of health. No person shall deface or remove the placard, except that the board of health shall
remove it whenever the defect or defects upon which the condemnation and placarding action was based have
been eliminated.

(C) If any person refuses to leave a dwelling or portion thereof which has been ordered condemned and
vacated and has been placarded in accordance with 105 CMR 410.830 through 410.950, may be forcibly
removed by the board of health, or by local police authorities on request of the board of health. (See 105 CMR
410.830 through 410.920).

(D) The board of health may undertake to demolish any dwelling an order for whose destruction was properly
served on the owner and every mortgagee of record in accordance with the requirements of notice and hearing
in 105 CMR 410.831 through 410.860, and M.G.L. c. 111, § 127B and a claim for the expense incurred by said
board in so doing shall constitute a debt due the city or town upon the completion of the work and the
rendering of an account therefore to the owner of such structure, and shall be recoverable from such owner in
an action of contract. Said debt, together with interest thereon at the rate of 6% per annum from the date said
debt becomes due, shall constitute a lien on the land upon which the structure was located if a statement of
claim, signed by the board of health, setting forth the amount claimed without interest is filed, within ninety
days after the debt becomes due, with the register of deeds for record or registration, as the case may be, in the
county or in the district, if the county is divided into districts, where the land lies. Such lien shall take effect
upon the filing of the statement aforesaid and shall continue for two years from the first day of October next
following the day of such filing. Such lien may be dissolved by filing with the register of deeds for record or
registration, as the case may be, in the county or in the district, if the county is divided into districts, where the
land lies, a certificate from the collector of the city or town that the debt for which such lien attached, together
with interest and costs thereon, has been paid or legally abated. Such collector shall have the same powers and
be subject to the same duties with respect to such claim as in the case of the annual taxes upon real estate; and
the provisions of law relative to collection of such annual taxes, the sale or taking of land for the nonpayment
thereof, and the redemption of land so sold or taken shall apply to such claim.

105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1641
410.960: Correction of Violations by Board of Health; Expenses

(A) If a failure to comply with an order requiring that any dwelling 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 dwelling 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.


REGULATORY AUTHORITY

105 CMR 410.000: M.G.L. c. 111, §§ 3 and 127A.

105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1642
410.990: Appendix: Forms


CITY/TOWN

DEAPRTMENT

TELEPHONE

Address Occupant
Floor Apartment No. No Occupants
No. of Hapitable Rooms No. of Sleeping Rooms
No. dwelling or rooming units No. Stories
Name and Address of Owner
Remarks
Reg.
Vio.

Out Bldgs, Fences





Garbage and Rubbish





Containers





Drainage





YARD

Infestation Rats or other:





Steps, Stairs, Porches:





Dual Egress





Doors, Windows:





Roof





Gutters, Drains:





Walls:





Foundation





STRUCTURE EXT.
?S ?F ?M

Chimney





Gen. Sanitation:





Dampness:





Stairs:





BASEMENT

Lighting:





Hall, Stairway:











Hall, Floor, Wall, Ceiling:





Hall Lighting





STRUCTURE INT

Hall Windows





Chimneys:





Equip. Repair





HEATING
central ?Y ?N
TYPE:

Stacks, Flues, Vents:





Supply Line:





Waste Line:





PLUMBING
?MS ?ST ?P

H.W. Tank(s) Safety and Vent(s)





Panels, Meters, Circ





Fusing Grnd:





Gen. Cond. Distrib. Box:





ELECTRICAL
?110 ?220
AMP:

Gen Basement Wiring:










105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1643

DWELLING UNIT





Ventil

Lgtng

Outlets

Walls

Ceils

Wind

Doors

Floors

Locks







Kitchen

























Bathroom

























Pantry

























Den

























Living Room

























Bedroom (1)

























Bedroom (2)

























Bedroom (3)

























Bedroom (4)

























Hot Water Facil.

Sup, Ten, Gas, Oil, Elect.







Stacks, Flues, Vents, Safeties





Kitchen Facil.

Sink







Stove





Vent, Plumb., Sanitn.





Bathing, Toilet Facil.

Wash Basin, Shower or Tub





Infestation

Rats, Mice, Roaches or Other:





Egress

Dual and Obst





Building Posted:





General

Locks on doors:






ONE OR MORE OF THE VIOLATIONS CHECKED ABOVE IS A CONDITION WHOCH MAY
MATERIALLY IMPAIR THE HEALTH OR SAFETY AND WELL-BEING OF THE OCCUPANT AS
DETERMINED BY 105 CMR 410.750 OR THE AUTHORIZED INSPECTOR. (SEE OVER)

INSPECTOR TITLE

DATE TIME

THE NEXT SCHEDULED REINSPECTION

105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1644
410.990: continued

THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USE IN
ORDER TO GET HOUSING CODE VIOLATIONS CORRECTED.

1. Rent Withholding (General Laws Chapter 239 Section 8A).

If Code Violations Are Not Being Corrected you may be entitled to hold back your rent payment. You can do
this without being evicted if:

A. You can prove that your dwelling unit or common areas contain violations which are serious enough to
endanger or materially impair your health or safety and that your landlord knew an=bout the violations
before you were behind in your rent.

B. You did not cause the violations and they can be repaired while you continue to live in the building.

C. You are prepared to pay any portion of the rent into court if a judge orders you to pay for it. (for this it is
best to put the rent money aside in a safe place.)

2. Repair and Deduct (General Laws Chapter 111 Section 127L).

This law sometimes allows you to use your rent money to make the repairs yourself. If your local code
enforcement agency certifies that there are code violations which endanger or materially impair your health, safety
or well-being and your landlord has received written notice of the violations, you may be able to use this remedy. If
the owner fails to begin necessary repairs (or enter into a written contract to have them made) within five days after
notice or to complete repairs within 14 days after notice you can use up to four months' rent in any year to make the
repairs.

3. Retaliatory Rent Increases or Eviction Prohibited (General Laws Chapter 186, Section 18 and Chapter 239
Section 2A).

The owner may not increase your rent or evict you in retaliation for making a complaint to your local code
enforcement agency about code violations. If the owner raises your rent or tries to evict within six months after you
have made the complaint he or she will have to show a good reason for the increase or eviction which is unrelated to
your complaint. You may be able to sue the landlord for damages if he or she tries this.

4. Rent Receivership (General Laws Chapter 111 Sections 127C-H).

The occupants and/or the board of health may petition the District or Superior Court to allow rent to be paid
into court rather than to the owner. The court may then appoint a "receiver" who may spend as much of the rent
money as is needed to correct the violation. The receiver is not subject to a spending limitation of four months' rent.

5. Search of Warranty of Habitability.

You may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does net
meet minimum standards of habitability.

6. Unfair and Deceptive Practices (General Laws Chapter 93A)

Renting an apartment with code violations is a violation of the consumer protection act and regulations for
which you may sue an owner.

THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW, BEFORE YOU DECIDE
TO WITHHOLD YOUR RENT OR TAKE ANY LEGAL ACTION. IT IS ADVISABLE THAT YOU CONSULT
AN ATTORNEY, YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS:


(NAME) (TELEPHONE NUMBER)


(ADDRESS)

105 CMR: DEPARTMENT OF PUBLIC HEALTH



1/26/07
105 CMR - 1645
NON-TEXT PAGE

所有跟帖： 

• 你给她修吧。也不是很难。 -sweetptt- ♂ (608 bytes) () 07/14/2012 postreply 18:21:17

• 我在安排修， 我说，淋浴开关太紧， 我修，但是她付 50。她就给我来了这手。 -螺丝螺帽- ♀ (203 bytes) () 07/14/2012 postreply 18:37:55

• 你有上庭的时间吗？最好去发ticket的部门问你这个该不该处理。有照片最好，如果连他们都说不用， -zj071- ♀ (159 bytes) () 07/14/2012 postreply 18:24:23

• 星期一去发ticket的部门问。 会带上照片的。 谢谢！ -螺丝螺帽- ♀ (0 bytes) () 07/14/2012 postreply 18:40:05