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 410.670 - Order to Correct Violations
Universal Citation: 105 MA Code of Regs 105.410
Current through Register 1531, September 27, 2024
(A) Every order authorized by 105 CMR 410.000 shall:
(1) Be
in writing;
(2) Include a copy of
the inspection report; and
(3)
Include a copy of Occupants' Legal Rights and Responsibilities
issued by the Department.
(B) Except as otherwise specified under the emergency provisions of 105 CMR 400.200(B), any order issued under the provisions of 105 CMR 410.000 shall:
(1)
Include a statement of the violations, conditions, or defects identified in
105
CMR 410.630(A) and, in the
case of occupied residences, a determination whether any violation(s) or
conditions, or the cumulative effect of more than one violation or condition
may endanger or materially impair the health, safety, or well-being of an
occupant;
(2) Contain notice of the
right to a hearing; the deadline and proper procedure for requesting a hearing;
the right to inspect and obtain copies of all relevant inspection or
investigation reports, orders, notices, and other documentary information in
the possession of the board of health; the right to be represented at the
hearing; and that any affected person has a right to appear at said
hearing;
(3) Include the timeframe
for compliance pursuant to
105
CMR 410.640;
(4) Indicate the requirement for a
reinspection(s) pursuant to
105
CMR 410.660(A) and
(C);
(5) Include the following statement
translated into any non-English language that is spoken as a primary language
by greater than 1% of the population of that community. "This is an important
legal document. It may affect your rights. You should have it translated";
and
(6) In an order to an owner,
advise the owner that the conditions which exist may permit the occupant of the
residence to exercise one or more statutory remedies.
(C) If an inspection for all the standards in 105 CMR 410.000 reveals no violation of 105 CMR 410.000, the inspector shall forward a copy of the inspection report and a letter so stating to the person responsible for correcting the violation and the affected person within seven calendar days of completion of the inspection.
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