Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V)
Administration and Enforcement
Section 435.42 - Orders: Service and Content

Universal Citation: 105 CMR 435.000 MA Code of Regs 435.42

Current through Register 1531, September 27, 2024

(1) If an examination as provided for in 105 CMR 400.100 reveals that a swimming, wading or special purpose pool does not comply with the provisions of 105 CMR 435.000, the Board of Health may order the owner to comply with the violated provision.

(2) If an examination reveals the existence of a health or safety hazard at any swimming, wading or special purpose pool, the Board of Health, may, as it considers necessary, issue an order which revokes or suspends a permit. Such an order shall be complied with in accordance with its directions and no person shall be permitted to enter the water of the swimming, wading or special purpose pool, unless and until the permit has been reissued or the order has been revoked in writing by the Board of Health.

(3) Every order authorized by 105 CMR 435.000 shall be in writing. All orders shall be served on the owner or his agent;

(a) personally, by any person authorized to serve civil process, or

(b) by leaving a copy of the order at his last and usual place of abode, or

(c) by sending him a copy of the order by registered or certified mail, return receipt requested, if he is within the Commonwealth, or

(d) if his last and usual place of abode is unknown or outside the Commonwealth, by posting a copy of the order in a conspicuous place on or about the swimming, wading or special purpose pool or portion thereof affected.

(4) Subject to the emergency provision of 105 CMR 400.200(B) and to the provisions of 105 CMR 435.42(2), any order issued under the provisions of 105 CMR 435.000 shall:

(a) inlcude a statement of the violation or defect, and may suggest action which if taken will effect compliance with 105 CMR 435.000, and

(b) inform the person to whom it is directed of his right to a hearing and of his responsibility to request the hearing, and to whom the request shall be made.

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