Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 410.000 - Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II
Section 410.100 - Kitchen Facilities

Universal Citation: 105 MA Code of Regs 105.410

Current through Register 1531, September 27, 2024

(A) For dwelling units and shared kitchen facilities, the owner shall provide and maintain, in compliance with the manufacturer's intended use, the following facilities suitable to store, prepare and serve foods in a sanitary manner:

(1) Cabinets, pantry or shelving;

(2) A countertop;

(3) A kitchen sink of sufficient size and capacity for washing dishes and kitchen utensils;

(4) The space and proper facilities for the installation of a refrigerator with freezer, cooktop and oven;

(5) A conventional cooktop and oven unit with at least 1.7 cubic feet of oven area except and to the extent the occupant is required to provide and maintain these items under a written rental agreement; and

(6) A refrigerator with freezer containing a combined storage area of at least 11.0 cubic feet except and to the extent the occupant is required to provide and maintain these items under a written rental agreement.

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

(C) The wall above the countertop containing a sink in a kitchen or pantry shall have a smooth, nonabsorbent, easily cleanable surface, and form a watertight seal with the countertop. Gypsum board is an allowable substrate above the countertop provided it is coated with paint, or other appropriate material, applied in accordance with the manufacturer's recommendations. The surface shall extend at least 24 inches above the countertop where practical.

(D) The floor surfaces of every kitchen and pantry shall be smooth, noncorrosive, and nonabsorbent. Wood flooring is allowed provided the flooring has a water-resistant finish and is maintained so as to prevent the accumulation of dirt and food or the harborage of pests.

(E) If the owner of a residence provides use of shared facilities for cooking, the owner shall ensure these facilities are:

(1) Separate from any rooming unit;

(2) Accessible without passing through any part of another dwelling unit or rooming unit; and

(3) Maintained in a clean and sanitary condition and all food contact surfaces sanitized at least once every 24 hours and more often if necessary.

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