105 CMR, § 410.710 - Permit Requirements For Alternative Housing

(A) The board of health may approve alternative housing that does not meet one or more of the following requirements of 105 CMR 410.000 in single-family residences or owner-occupied dwelling units:

(1) Electrical service required by 105 CMR 410.300 and 105 CMR 410.320;

(2) Plumbed system for the delivery of hot and cold running water required by 105 CMR 410.130, 105 CMR 410.140, and 105 CMR 410.150;

(3) Heating system required by 105 CMR 410.160 that is capable of meeting the requirements of 105 CMR 410.180;

(4) Sanitary drainage system required by 105 CMR 410.130 provided the following approved systems are installed:

(a) A toilet capable of incinerating or composting waste; and

(b) A grey water system; or

(5) Minimum square footage required by 105 CMR 410.420(D).

(B) An owner shall apply to the board of health for a permit to occupy alternative housing. An application for alternative housing must include the following:

(1) A detailed plan of alternative energy and other provisions that will provide comparable measures to protect the health and safety of the occupants and that demonstrate that the same degree of protection required under 105 CMR 410.000 can be achieved without strict application of the particular provision;

(2) A draft deed restriction that the owner will record with the Registry of Deeds upon approval of a permit for alternative housing that indicates that the property has an alternative housing permit pursuant to 105 CMR 410.710(D) and that upon transfer of ownership or occupancy the property must comply with all requirements in 105 CMR 410.000, unless a new permit is issued by the board of health;

(3) A signed, written statement by the owner that the residence subject to the alternative housing permit will only be used as owner occupied property and that the owner understands that the permit will be nullified if the property changes occupancy or is offered or used as a rental;

(4) Documentation that any necessary variances have been obtained from other regulatory agencies when an exemption would also violate another state regulatory code; and

(5) Payment of any applicable fee set by the board of health.

(C) Upon receipt of an application for alternative housing, the board of health shall schedule a public hearing within 30 calendar days. The applicant shall provide to the board of health verification of notice to all abutters, as defined in M.G.L. 40A, § 11, of the date, time, and location of said hearing.

(D) Following the hearing, the board of health shall issue a written decision as to whether to grant or deny the alternative housing permit and a statement regarding the rationale for the decision. A grant of approval shall be provisional pending a comprehensive inspection by the board of health, and may contain any conditions deemed necessary by the board of health to protect the health and safety of the occupants.

(E) Upon final approval of an alternative housing permit:

(1) The board of health shall submit a copy of the permit to the Director of the Community Sanitation Program within seven calendar days;

(2) The owner shall record at the Registry of Deeds for the city or town where the residence is located a deed restriction as approved by the board of health;

(3) The owner shall submit a copy of the record of the deed restriction to the board of health once available; and

(4) Said permit shall not go into effect until the deed restriction has been recorded at the Registry of Deeds.

(F) The alternative housing permit shall be valid until such time as modifications subject to the terms of the permit are made to the property or ownership of the property changes. Modifications subject to the terms of the permit require resubmission of the permit request. Failure to do so will result in the revocation of the permit. Prior to permit modification, the board of health may conduct an inspection of the residence.

(G) An alternative housing permit may be modified or revoked by the board of health for any alleged violation of the terms of the permit or any other reason necessary to protect the health and safety of the occupants only after notice to the owner and an opportunity to be heard in accordance with the requirements for an order and hearing as required by 105 CMR 410.800 through 105 CMR 410.860. The board of health shall submit a copy of the modification or revocation to the Director of the Community Sanitation Program within seven calendar days.

Notes

105 CMR, § 410.710

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