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 410.620 - Conduct of Inspections
Universal Citation: 105 MA Code of Regs 105.410
Current through Register 1531, September 27, 2024
(A) At the time of the inspection, the inspector shall record violations of 105 CMR 410.000.
(1) If
assistance of a specialized inspector, who is not immediately available, is
necessary to fully complete the inspection report, such report shall be
completed to the fullest extent feasible at the time of the inspection, noting
thereon the possible violations for which a separate inspection by a
specialized inspector appears to be necessary.
(2) The need for such separate inspection
shall in no way delay the normal processing or issuing of orders pursuant to
105
CMR 410.640 through
105
CMR 410.680. The board of health shall use
its best efforts to schedule the separate inspection promptly, at a mutually
satisfactory time for all individuals involved.
(3) A copy of
105 CMR
410.000 shall be made available upon request, free of
charge or at a cost which is no greater than the board's own cost for each
copy. A copy shall be made available for review at no cost.
(B) At the beginning of an inspection, an occupant shall be informed of their right to a comprehensive inspection, and a comprehensive inspection shall be conducted if the occupant so requests.
(1) Each inspection of a
residence shall include at a minimum the condition alleged to be in violation
and those standards listed in
105
CMR 410.630(A).
(2) A violation found in a common area shall
be considered a violation which exists in each dwelling or rooming unit in
which occupants have access to that area.
(3) From September
15th through May 31st, if
the complaint relates solely to the lack of heat pursuant to
105
CMR 410.160 or
105
CMR 410.180 and a comprehensive inspection is
requested, the comprehensive inspection will not be required during the lack of
heat investigation but shall be conducted:
(a)
Within one business day when violations observed or alleged are violations
listed in
105
CMR 410.630(A); or
(b) Within five business days for all other
violations listed in
105 CMR
410.000.
(4) Where an inspection reveals a condition
or conditions which present such an imminent threat to the life, health or
safety of the occupants that immediate steps must be taken by the inspector to
order compliance, an inspection required by
105
CMR 410.620(B) may be
delayed until after such steps are taken, but such inspection shall be
completed in a timely manner.
(C) A verbal summary of the conditions noted during the inspection shall be given to the occupant or the occupant's representative at the conclusion of the inspection. A written summary shall be provided at the time of the inspection if requested by the occupant or the occupant's representative.
(D) Pest Inspections. The board of health shall conduct a pest inspection in accordance with the provisions of 105 CMR 410.620 and include, at a minimum, examination of the areas relevant to the type of pest:
(1)
Insects and
Arachnids:
(a) Interior of
dwelling or rooming unit;
(b)
Common areas adjacent to the dwelling or rooming unit;
(c) All units adjacent to the dwelling or
rooming unit where the presence of bed bugs have been confirmed; and
(d) Exterior perimeter of the
residence.
(2)
Rodents and Other Unwanted Animal Life:
(a) Interior of dwelling or rooming
unit;
(b) Common areas adjacent to
the dwelling or rooming unit;
(c)
Accessible attics, basements and crawl spaces; and
(d) Exterior perimeter of the
residence.
(E) Excess Moisture Inspections.
(1) An inspector who discovers the existence
of excess moisture or appearance of mold during an inspection shall investigate
the potential sources. Potential sources of excess moisture or causes of mold
which should be investigated include but are not limited to:
(a) Plumbing leaks;
(b) Structural defects which allow moisture
to enter;
(c) Improperly maintained
mechanical or natural ventilation; and
(d) Improperly maintained heating, air
conditioning or ventilation ductwork.
(2) Environmental testing shall not be
required to determine the existence of excess moisture or appearance of mold.
If such testing is conducted, those results shall not be used as the sole
determinant of the existence of excess moisture or appearance of
mold.
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