Current through Register 1531, September 27, 2024
(A) The
owner shall provide a supply of potable water sufficient in quantity and
pressure to meet the ordinary needs of every occupant.
(B) For each residence, the owner shall
provide and maintain in a sanitary condition a sanitary drainage system
consisting of:
(1) A lawful connection to the
public sewerage system;
(2) A means
of on-site sewage disposal in compliance with
310 CMR
15.000: The State Environmental Code, Title 5:
Standard Requirements for the Siting, Construction, Inspection, Upgrade and
Expansion of On-site Sewage Treatment and Disposal Systems and for the
Transport and Disposal of Septage; or
(3) A lawful connection to a privately owned
wastewater treatment facility permitted in accordance with
314 CMR
3.00: Surface Water Discharge Permit
Program or
314 CMR
5.00: Ground Water Discharge Permit
Program.
(C) If
the owner intends to separately bill the occupant for water or sewer costs,
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 the water 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,
ultra-low-flush toilets and water conservation devices on all showers and
faucets in the dwelling unit;
(3)
Having a written rental agreement on the commencement of a new tenancy that
describes the details of the water submetering and water billing arrangements;
and
(4) Filing a certificate, on a
form provided by the Department, 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 rental agreement that
describes the details of the water submetering and water billing
arrangements.
(D) If an
owner is submetering water under M.G.L. c. 186, § 22, the 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/sewer usage charge.
(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.
