The following conditions, when found to exist in residential
premises, shall be deemed conditions which may endanger or impair the health,
or safety and well-being of a person or persons occupying the premises. This
listing is composed of those items which are deemed to always have the
potential to endanger or materially impair the health or safety, and well-being
of the occupants or the public. Because,
105 CMR
410.100 through
410.620
state minimum requirements of fitness for human habitation, any other violation
has the potential to fall within this category in any given specific situation
but may not do so in every case and therefore is not included in this listing.
Failure to include shall in no way be construed as a determination that other
violations or conditions may not be found to fall within this category. Nor
shall failure to include affect the duty of the local health official to order
repair or correction of such violations pursuant to
105 CMR 410.830
through
410.833 nor
shall failure to include affect the legal obligation of the person to whom the
order is issued to comply with such order.
(A) Failure to provide a supply of water
sufficient in quantity, pressure and temperature, both hot and cold, to meet
the ordinary needs of the occupant in accordance with
105 CMR
410.180 and
410.190 for a period of
24 hours or longer.
(B) Failure to
provide heat as required by
105 CMR
410.201 or improper venting or use of a space
heater or water heater as prohibited by
105 CMR
410.200(B)
and
410.202.
(C) Shutoff and/or failure to restore
electricity, gas or water.
(E) Failure to provide a safe supply of
water.
(F) Failure to provide a
toilet and maintain a sewage disposal system in operable condition as required
by
105 CMR
410.150(A)(1) and
410.300.
(G) Failure to provide adequate exits, or the
obstruction of any exit, passageway or common area caused by any object,
including garbage or trash, which prevents egress in case of an emergency
105 CMR
410.450,
410.451 and
410.452.
(H) Failure to comply with the security
requirements of
105 CMR
410.480(D).
(I) Failure to comply with any provisions of
105 CMR
410.600,
410.601,
or
410.602
which results in any accumulation of garbage, rubbish, 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.
(J) The presence of
leadbased 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.)
(K) Roof, foundation, or other structural
defects that may expose the occupant or anyone else to fire, burns, shock,
accident or other dangers or impairment to health or safety.
(L) Failure to install electrical, plumbing,
heating and gasburning facilities in accordance with accepted plumbing,
heating, gasfitting and electrical wiring standards or failure to maintain such
facilities as are required by
105 CMR
410.351 and
410.352,
so as to expose the occupant or anyone else to fire, burns, shock, accident or
other danger or impairment to health or safety.
(M) 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
410.353.
(N) Failure to provide a smoke detector or
carbon monoxide alarm required by
105 CMR
410.482.
(O) Any of the following conditions which
remain uncorrected for a period of five or more days following the notice to or
knowledge of the owner of said condition or conditions:
(1) Lack of a kitchen sink of sufficient size
and capacity for washing dishes and kitchen utensils or lack of a stove and
oven or any defect that renders either inoperable.
(2) Failure to provide a washbasin and shower
or bathtub as required in
105 CMR
410.150(A)(2) and
410.150(A)(3)
or any defect which renders them
inoperable.
(3) Any defect in the
electrical, plumbing, or heating system which makes such system or any part
thereof in violation of generally accepted plumbing, heating, gasfitting, or
electrical wiring standards that do not create an immediate hazard.
(4) Failure to maintain a safe handrail or
protective railing for every stairway, porch balcony, roof or similar place as
required by
105 CMR
410.503(A)
and
410.503(B).
(5) Failure to eliminate rodents,
cockroaches, insect infestations and other pests as required by
105 CMR
410.550.
(P) Any other violation of 105 CMR
410.000
not enumerated in 105 CMR
410.750(A) through (O) 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.
