105 CMR, § 675.015 - General Administration

(A) Scope. The following provisions shall cover the administration and enforcement of 105 CMR 675.000 in lieu of 105 CMR 400.000: The State Sanitary Code, Chapter I.

(B) Local Enforcement. Unless otherwise expressly provided herein, each board of health is responsible for the administration and enforcement of 105 CMR 675.000 and may enforce 105 CMR 675.000 by suspension or revocation of certificates of approval in accordance with 105 CMR 675.018 or otherwise at law or in equity in the same manner that local rules and regulations are enforced.

(C) Bureau Assistance With Local Enforcement. The Bureau shall, upon request of the board of health, assist the board in its inspection of an indoor skating rink and shall advise the board in connection with enforcement actions taken by the board against a skating rink operator.

(D) State Enforcement.

(1) If, as a result of any study, inspection, or survey made by the Department or its authorized representative, the Department determines that compliance with 105 CMR 675.000 has not been effected, it shall, in writing, notify the appropriate board of health of such determination, allotting a reasonable time in which compliance shall be effected, and requesting that the board of health, in writing, notify the Department of what action will be and has been taken to effect compliance with 105 CMR 675.000.

(2) If the Department or its authorized representative is not so notified, or if, after notification it determines that action sufficient to effect compliance with the provisions of 105 CMR 675.000 has not been taken, the board of health shall be deemed to have failed to effect compliance with 105 CMR 675.000.

(3) Whenever any board of health has failed after a reasonable length of time to enforce 105 CMR 675.000, the Department may enforce 105 CMR 675.000 in any way that a local board of health is authorized to act to effect compliance under 105 CMR 675.000, subject to the same procedural requirements set forth in 105 CMR 675.000 which are applicable to local boards of health.

(4) Notwithstanding any other provision of 105 CMR 675.000, if the Department determines that an imminent health hazard exists resulting from the operation of an indoor skating rink, it may, without prior notice to the board of health, take whatever action is necessary to effect compliance with 105 CMR 675.000.

(E) Interpretation of 105 CMR 675.000. The Bureau may from time to time issue written interpretations and guidelines as necessary to promote uniform application of 105 CMR 675.000. Upon the written request of a board of health or permit holder, the Director may advise on particular questions regarding interpretations of 105 CMR 675.000.

(F) Reporting By Local Board of Health. The board of health shall send copies of the following documents to the Bureau, as soon as reasonably practicable, but in any event no later than 30 days after the creation or receipt of such documents: all applications for certificates of approval; certification of approval and renewals thereof; inspection reports; orders; notices of suspension or revocation; appeals; and criminal complaints filed against an owner and operator.

Notes

105 CMR, § 675.015