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105 CMR: DEPARTMENT OF PUBLIC HEALTH
410.010: continued
(C) Nothing contained herein shall be construed to limit or otherwise restrict any person from seeking judicial
relief in a court of competent jurisdiction notwithstanding any hearing, proceeding or other administrative
remedy set forth in 105 CMR 410.000.
410.020: Definitions
Asbestos means:
(1) chrysotile, amosite, crocidolite; or
(2) in fibrous form, tremolit-asbestos, anthophyllite-asbestos, or actinolite -asbestos.
Asbestos Material means asbestos or any material containing asbestos.
Board of Health means the appropriate and legally designated health authority of the city, town, county, or
other legally constituted governmental unit within the Commonwealth having the usual powers and duties of
the board of health of a city or town, or his or its authorized agent or representative.
Chronic Dampness means the regular and/or periodic appearance of moisture, water, mold or fungi.
Compliance means meeting all the requirements of 105 CMR 410.000. It shall also mean correcting any
violations of 105 CMR 410.000 in a work-personlike fashion and restoring all parts of the dwelling, or unit
thereof, to the condition they were in before occurrence of any such violations. Compliance shall also mean in
those cases where licenses or permits are required to perform work necessary to correct the violations, such as,
but not limited to building, plumbing and wiring that the appropriate official certifies that the work has been
completed in accordance with applicable laws and regulations.
Cg=ostable Material means an organic material excluding waste water treatment residuals which has the
potential to be composted and which is pre-sorted and is not contaminated by significant amounts of toxic
substances, as those terms are or maybe defined by 310 CMR 19.00: Solid Waste Management.
Composting means a process of accelerated biodegradation and stabilization of organic material under
controlled conditions yielding a product which can safely be used, as those terms are or may be defined by
310 CMR 19.00: Solid Waste Management.
A Condition Making a Unit Unfit for Human Habitation is a condition meeting the standard set forth in the
Massachusetts General Laws under which a board of health may justify closing down, condemning, or
demolishing a dwelling or dwelling unit. It shall mean a violation which poses such immediate harm or threat
of harm to an occupant or to the public that other legal remedies cannot be reasonably expected to bring about
removal of the condition with sufficient speed to prevent the serious harm or injury to the occupants or to the
public.
A Condition Which May Endanger or materially impair the health or safety and wellbeing of an occupant
means the existence of a condition, listed in 105 CMR 410.750 or any other condition so certified by the board
of health to be a violation, which may expose or subject to harm, the health or safety, and the well-being of an
occupant or the public.
Dwelling means every building or shelter including but not limited to rooming houses and temporary housing
used or intended for human habitation and every other structure or condition located within the same lot line
whose existence causes or is likely to effect noncompliance with the provisions of 105 CMR 410.000.
Dwelling Unit means the room or group of rooms within a dwelling used or intended for use by one family or
household for living, sleeping, cooking and eating. Dwelling unit shall also mean a condominium unit.
1/26/07 105 CMR - 1617
105 CMR: DEPARTMENT OF PUBLIC HEALTH
410.020: continued
Provide means to supply and pay for.
Representative or Occupant's Representative means any adult person designated and duly authorized to act on
the occupant's behalf, including, but not limited to, any person or group designee from a tenant's organization
or other community group.
Rooming House means every dwelling or part thereof which contains one or more rooming units in which
space is let or sublet for compensation by the owner or operator to four or more persons not within the second
degree of kindred to the person compensated. Boarding houses, hotels, inns, lodging houses, dormitories and
other similar dwelling places are included, except to the extent that they are governed by stricter standards
elsewhere created; provided that the provisions of 105 CMR 410.000 shall not apply to any hospital,
sanitorium, convalescent or nursing home, infirmary or boarding home for the aged licensed by the Department
of Public Health in accordance with the provisions of M.G.L. c. 111, § 51 or 71.
Rooming Unit means the room or group of rooms let to an individual or household for use as living and
sleeping quarters but not for cooking, whether or not common facilities for cooking are made available;
provided, that cooking facilities shall not be deemed common if they can be reached only by passing through
any part of the dwelling unit or rooming unit of another.
Rubbish means combustible and noncombustible waste materials, except garbage, and includes but is not
limited to such material as paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard
trimmings, grass clippings, tin cans, metals, mineral matter, glass, crockery, dust, and the residue from the
burning of wood, coal, coke and other combustible materials.
Stairway means any group of stairs consisting of three or more risers.
Tempoma Housing means any tent, mobile dwelling unit, or other structure used for human shelter which is
designed to be transportable and which is not attached to the ground, to another structure, or to any utility
system on the same premises for more than 30 days.
Use Group R-3 means all buildings arranged for occupancy as one or two family dwelling units, including not
more than five lodgers per family and multiple single family dwellings where each unit has an independent
means of egress and is separated by a two-hour fire separation assembly.
Exceptions:
(1) In multiple single-family dwellings that are equipped throughout with an approved sprinkler system
installed in accordance with 780 CMR 906.2.1 or 906.2.2, the fire resistance rating of the dwelling unit
separation shall not be less than one hour. Dwelling unit separation wall shall be constructed as fire
partitions.
(2) In multiple single-family dwellings that are equipped throughout with an approved automatic
sprinkler system installed in accordance with 780 CMR 906.2.3, a two hour fire separation assembly shall
be provided between each pair of dwelling units. The fire resistance rating between each dwelling unit
shall not be less than one hour and shall be constructed as a fire partition (780 CMR 310.5).
Use Group R4 means all detached one and two family dwellings not more than three stories in height and all
accessory structures (780 CMR 310.6).
Violation means any condition in a dwelling, dwelling unit, mobile dwelling unit, or rooming house or upon a
parcel of land which fails to meet any requirement of 105 CMR 410.000.
Water Conservation Device means for all showers, shower stalls, shower compartments or shower baths, a
low -flow showerhead which shall have a maximum flow rate not exceeding 2'/: gallons of water per minute,
for all faucets a maximum flow rate not exceeding two and 2/10 gallons of water per minute and for all water
closets, ultra -low -flush water closets not exceeding one and 6/10 gallons of water per flush, contained within a
dwelling unit.
1/26/07 105 CMR - 1619