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 410.630 - Conditions Deemed to Endanger or Materially Impair Health or Safety
Universal Citation: 105 MA Code of Regs 105.410
Current through Register 1531, September 27, 2024
(A) The following conditions, when found to exist in a residence, shall always be deemed conditions which may endanger or materially impair the health, or safety and well-being of a person or persons occupying the premises:
(1) Failure to
provide and maintain a supply of water sufficient in quantity, pressure and
temperature, both hot and cold, to meet the ordinary needs of the occupant,
required by
105
CMR 410.130,
105
CMR 410.140 and
105
CMR 410.150, for a period of 24 hours or
longer.
(2) Failure to provide heat
as required by
105
CMR 410.180 or improper venting or use of a
space heater or water heater prohibited by
105
CMR 410.160(C) and
105
CMR 410.170.
(3) Shutoff and/or failure to restore
electricity, gas, or water.
(4)
Failure to provide the electrical facilities required by
105
CMR 410.300(A) through
(E).
(5) Failure to provide a safe supply of water
required by
105
CMR 410.130(A).
(6) Failure to provide a toilet, sink, shower
or bathtub and maintain a sewage disposal system in operable condition required
by 105 CMR 410.110(A) and
(B), and
105
CMR 410.130(B).
(7) Failure to provide and maintain as
required by
105
CMR 410.100(A):
(a) A kitchen sink of sufficient size and
capacity for washing dishes and kitchen utensils.
(b) If supplied by the owner, a conventional
cooktop and oven, or a refrigerator with freezer.
(8) Failure to provide and maintain adequate
exits, or the obstruction of any exit, passageway or common area caused by any
object, including refuse, which prevents egress in case of an emergency
required by
105
CMR 410.260.
(9) Failure to comply with the security
requirements of
105
CMR 410.270(A).
(10) Failure to comply with any provisions of
105
CMR 410.560 and
105
CMR 410.570, which results in any
accumulation of refuse, filth or other causes of sickness which may provide a
food source or harborage for rodents, insects or other pests or otherwise
contribute to accidents or to the creation or spread of disease.
(11) The presence of lead based paint on a
dwelling or dwelling unit in violation of
105 CMR
460.000: Lead Poisoning Prevention and
Control. (See M.G.L. c. 111, §§ 190 through
199.)
(12) Roof, foundation, or
other structural defects in violation of
105
CMR 410.500 that may expose the occupant or
anyone else to fire, burns, shock, accident or other dangers or impairment to
health or safety.
(13) Failure to
install or maintain electrical, plumbing, heating and gas-burning facilities in
compliance with accepted standards as defined in
105
CMR 410.010 for plumbing, heating, gasfitting
and electrical wiring or failure to maintain such facilities required by
105
CMR 410.235 and
105
CMR 410.240, so as to expose the occupant or
anyone else to fire, burns, shock, accident or other danger or impairment to
health or safety.
(14) Any defect
in asbestos material used as insulation or covering on a pipe, boiler or
furnace which may result in the release of asbestos dust or which may result in
the release of powdered, crumbled or pulverized asbestos material in violation
of 105 CMR 410.250.
(15) Failure to provide a smoke detector or
carbon monoxide alarm required by
105
CMR 410.330.
(16) Failure to provide and maintain a
railing or guard for every stairway, porch, balcony, roof or similar place with
balusters spaced as required by
105
CMR 410.520.
(17) Failure to maintain the premises free
from pests required by
105
CMR 410.550(A) and
(B).
(18) Any other violation of
105 CMR
410.000 not enumerated in
105
CMR 410.630(A) shall be
deemed to be a condition which may endanger or materially impair the health or
safety and well-being of an occupant upon the failure of the owner to remedy
said condition within the time so ordered by the board of health.
(B) The inspector may determine that any condition that violates 105 CMR 410.100 through 105 CMR 410.570 is a condition that may endanger or impair the health, safety, or well-being of a person or persons occupying the premises. Conditions identified by the inspector as conditions deemed to endanger or impair the health, safety or well-being of a person shall be noted as such on the correction order and the inspection report.
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
