105 CMR 410.000: Minimum Standards of Fitness for Human Habitation
Last Updated: June 23, 2023 • Effective Date: June 23, 2023
This page provides a reference guide. For the official, legally-binding regulation, please refer to the sources below.
The purposes of 105 CMR 410.000 are to:
The provisions of 105 CMR 410.000 apply to all residences as defined in the code, unless otherwise specified. Applicable requirements of Massachusetts General Law, 780 CMR (State Board of Building Regulations and Standards), and other specialized codes shall be adhered to in the design, construction, and maintenance of buildings, structures and equipment.
The provisions do NOT apply to:
Owner Responsibilities:
Service & Utility Requirements:
No owner or occupant shall cause any service, facility, equipment, or utility which is required to be made available by 105 CMR 410.000, or any optional service, facility, equipment, or utility provided by the owner, to be removed from or shut off from any occupied residence except:
If any such service becomes curtailed, the responsible party shall take immediate steps to cause its restoration.
Occupant Responsibilities:
Every residence must have kitchen facilities including a sink, cooking equipment, and refrigeration facilities.
Every residence must have bathroom facilities including sinks, toilets, tubs, and showers that are properly maintained and in working order.
Every residence must have an adequate supply of potable water and proper sanitary drainage systems.
Every residence must have hot water facilities capable of heating water to a minimum temperature as required by the code.
Every residence must have a heating system capable of maintaining minimum temperature requirements.
Heating systems must be capable of maintaining specific minimum temperatures in habitable rooms during heating season.
Every residence must have adequate electrical service and illumination in all habitable rooms, hallways, and common areas.
Electrical systems must be properly installed, maintained, and in safe working condition.
Every residence must have properly installed and maintained smoke detectors and carbon monoxide alarms as required by law.
Owners must provide occupants with contact information and notice of legal rights and responsibilities.
Every residence must be maintained in a habitable condition, free from conditions that endanger or materially impair health or safety.
Habitable rooms must have adequate natural light and ventilation.
Properties must comply with lead-based paint hazard requirements, especially for residences with children.
Owners are responsible for maintaining all structural elements, foundations, walls, roofs, and other building components in safe and sound condition.
Stairs, porches, balconies, and elevated areas must have proper protective railings and walls.
Windows, doors, roofs, and walls must be weathertight and prevent water infiltration.
Screens must be installed on windows and doors during appropriate seasons to prevent insect entry.
Owners are responsible for eliminating pest infestations, including rodents and insects.
Proper refuse storage and disposal facilities must be provided and maintained.
All areas of the residence and premises must be maintained in a sanitary and safe condition.
Boards of health must conduct inspections upon request by occupants or other affected parties.
The code specifies conditions that are deemed to endanger or materially impair health or safety, requiring immediate correction.
Boards of health may establish specific timeframes for correction of violations based on severity and circumstances.
Procedures for condemnation, hearing, order to vacate, and potential demolition of unfit residences.
Boards of health may issue orders requiring correction of violations within specified timeframes.
Affected persons have the right to request a hearing to contest orders or decisions made by boards of health.
Any person who fails to comply with an order may be fined not less than $10.00 nor more than $500.00. Each day's failure to comply constitutes a separate violation.
This page provides a summary and reference guide to 105 CMR 410.000. It is not a substitute for the official regulation and does not constitute legal advice.
For the complete, legally-binding text of the regulation, please refer to the official sources linked above.
If you believe your rights have been violated or need legal assistance, consult with a qualified attorney or contact your local board of health.
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