105 CMR 410.600-602

Last Updated: Jun 0, 2025

105 CMR 410.600

Current through Register 1543, March 14, 2025

(A) The board of health shall inspect a dwelling unit or rooming unit and common areas upon receipt of a written, oral, telephonic, or electronic request for inspection from an occupant of that dwelling or rooming unit. The board of health shall conduct this inspection regardless of whether:

(1) The occupant requesting the inspection has previously notified the owner of the alleged condition;

(2) There is an eviction, litigation, or other dispute pending between the owner and the occupant; or

(3) The occupant requesting the inspection is anonymous or requests the board of health keep their name confidential.

(B) The board of health shall investigate complaints or requests for inspection concerning a residence received from a person who is not an occupant of that residence to determine if there is sufficient cause for an inspection. The investigation may consist of a visual assessment from a public way, record review, or contact with the occupants, owners, managers and/or maintenance staff by telephone or in person. Upon completion of the investigation, the board of health shall either conduct an inspection or, if it determines there is no justification for an inspection, record the decision as required by 105 CMR 410.600(D).

(C) 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) The inspection shall be conducted within one business day after the receipt of a request if alleged conditions include violations enumerated in 105 CMR 410.630(A).

(2) The inspection shall be conducted within five business days after receipt of a request if alleged conditions do not include any of the violations enumerated in 105 CMR 410.630(A).

(D) The board of health shall keep a record of all requests for inspections, which shall include, but need not be limited to, the following:

(1) Name of the person requesting the inspection if provided, which may be kept confidential by the board of health;

(2) Time and date of each request;

(3) Location of the residence;

(4) The nature of the alleged violation(s);

(5) Date the inspection is conducted; and

(6) Any decision not to conduct an inspection requested by a person who is not an occupant.

105 CMR 410.601

Current through Register 1543, March 14, 2025

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. (See105 CMR 410.840.)

105 CMR 410.602

Current through Register 1543, March 14, 2025

(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.

Sources

105 CMR 410.600-602