105 CMR, § 410.822 - Conduct of Inspections

(A) At the time of the inspection, the inspector shall record all violations if any, and shall complete an inspection report form which conforms to the requirements of 105 CMR 410.821(A) and 410.821(B). If assistance of a specialized inspector, which is not immediately available, is necessary to fully complete the inspection report, such report shall be completed to the fullest extent feasible at the time of the inspection, noting thereon the a reason of possible violations for which a separate inspection by a specialized inspector appears to be necessary. The need for such separate inspection shall in no way delay the normal processing or issuing of orders pursuant to 105 CMR 410.830 through 410.833. The board of health shall use its best efforts to schedule the separate inspection promptly, at a mutually satisfactory time to all individuals involved. A copy of 105 CMR 410.000: Minimum Standards of Fitness for Human Habitation (State Sanitary Code, Chapter II) shall be made available upon request, free of charge or at a cost which is no greater than the board's own cost for each copy. A copy shall be made available for review at no cost.

(B) Each inspection of a dwelling unit shall include at a minimum the condition alleged to be in violation and all those standards found in 105 CMR 410.750(A) through (O) except as otherwise provided in 105 CMR 410.822(B)(1) through 410.822(B)(4). A violation found in a common area shall be considered as a violation which exists in each unit in the dwelling which may be affected by such violations.

(1) An occupant shall be informed of his/her right to a comprehensive inspection at the start of said inspection. A comprehensive inspection will be carried out if the occupant so requests.

(2) The inspection as required in 105 CMR 410.822(B) shall not be required from September 15 to June 15, inclusive, if the complaint relates solely to the lack of heat pursuant to 105 CMR 410.200 or 410.201, however, a comprehensive inspection will be carried out if the occupant so requests.

(3) Where an inspection reveals a condition or conditions which present such an imminent threat to the life, health or safety of the occupants immediate steps must be taken by the inspector to order compliance, an inspection as required in 105 CMR 410.822(B) may be delayed until after such steps are taken, but such inspection shall be completed in a timely manner.

(4) Where a reinspection is made in order to determine compliance with a previously issued order, the inspection may be sufficient if it includes those items previously identified as violations unless additional violations have been identified in a subsequent complaint.

(C) A verbal or written summary of the conditions noted during the inspection shall be given to the occupant or the occupant's representative at the conclusion of the inspection. Such report shall indicate the need for additional inspection by a specialized inspector, if necessary. If a written report is requested at the time of the inspection, it shall be left with the person making the request.

Notes

105 CMR, § 410.822