105 CMR, § 410.550 - Extermination of Insects, Rodents and Skunks

Owners and occupants are responsible for the control and elimination of pests as follows:

(A) Residences containing one dwelling unit:

(1) The occupant shall maintain the unit free from all pest infestation and shall be responsible for pest elimination.

(2) The owner shall be responsible for pest elimination if they have not maintained structural or other building elements necessary to keep pests from entering.

(B) The owner of a residence containing two or more dwelling units, including a homeless shelter or a rooming house, shall maintain it and its premises free from infestation and shall be responsible for pest elimination.

(C) Extermination shall be accomplished by:

(1) Eliminating the harborage places of insects and rodents;

(2) Removing or making inaccessible materials that may serve as food or breeding ground for pests;

(3) Poisoning, spraying, fumigating, trapping pests; or

(4) Any other recognized and legal pest elimination method.

(D) All use of pesticides within the interior of a residence shall be in accordance with applicable laws and regulations pursuant to the Massachusetts Department of Agricultural Resources Pesticide Program, including those appearing at 333 CMR 13.00: Standards for Application.

(1) Pesticide applicators or their employers must give at least 48 hours pre-notification to occupants of all residential units prior to any commercial application of pesticides for the control of indoor household or structural indoor pests.

(2) Pre-notification shall be made in writing and contain the following information:

(a) Name and phone number of the company making the application;

(b) Proposed date of application;

(c) Locations to be treated; and

(d) Names, EPA Registration Numbers, and active ingredients for the pesticide products that may be used.

(3) Owners and occupants shall:

(a) Provide access to common areas, dwelling units, and rooming units, upon receipt of notice required by 105 CMR 410.550(D)(1) and (2); and

(b) Adhere to all instructions provided by the pesticide applicator in preparing the common areas and units prior to the application of pesticides.

(E) The occupant of a residence shall maintain their dwelling unit or rooming unit in a sanitary manner so as to prevent the attraction of pests.

(F) The owner of a residence, except for a homeless shelter, shall conduct an inspection of each unit prior to a new occupancy to identify the presence of pests. Homeless shelters shall establish pest management policies that include periodic inspection for pest infestation as outlined in 105 CMR 410.550(G).

(G) Owners shall make the documented inspection results and actions taken available upon request by the board of health. Documentation shall include:

(1) Monitoring the presence of pests;

(2) Eliminating entry points for pests;

(3) Documenting results of the inspection; and

(4) Documenting actions taken as a result of the inspection to include:

(a) Repairs made;

(b) Location of pesticides applied and by whom; and

(c) Date and results of a follow-up inspection.

Notes

105 CMR, § 410.550

Amended by Mass Register Issue 1495, eff. 5/12/2023. Amended by Mass Register Issue 1497, eff. 5/12/2023.