105 cmr 410. 000: minimum standards of fitness for human habitation state
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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: Asbestos 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 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
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. 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.
(1) chrysotile, amosite, crocidolite; or (2) in fibrous form, tremolit-asbestos, anthophyllite-asbestos, or actinolite-asbestos. Asbestos Material means asbestos or any material containing asbestos. 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. 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, 410.020: continued 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. 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. 410.020: continued 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. 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: 410.150: Washbasins, Toilets, Tubs, and Showers continued (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.
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.
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.
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