Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 400.000 - State Sanitary Code Chapter I: General Administrative Procedures
Section 400.300 - State Enforcement

(A) If as a result of any study, inspection, or survey made under 105 CMR 400.000 or under the provisions of any other chapter of the State Sanitary Code the Commissioner of Public Health or his authorized representative determines that compliance with the State Sanitary Code has not been effected, he shall, in writing, notify the appropriate board of health of such determination, allotting a reasonable time in which compliance shall be effected, and requesting that the board of health, in writing, notify the Commissioner of Public Health of what action it has taken, and what other action has been taken to effect compliance with the State Sanitary Code.

(B) If the commissioner is not so notified, or if after notification he determines that action sufficient to effect compliance with the provisions of the State Sanitary Code has not been taken, the local board of health shall be deemed to have failed to effect compliance with the State Sanitary Code.

(C) Whenever any local board of health has failed after a reasonable length of time to enforce the State Sanitary Code, the Commissioner of Public Health of the Commonwealth or his designated representative may act for the Commonwealth in any way that the local board of health is authorized to act to effect compliance.