105 Mass. Reg. 410.010
Affected Person(s) means the occupants if the person responsible for correcting the violation is the owner, and the owner if the person responsible for correcting the violation is the occupant of any residence on which an order to correct has been served.
Alternative Housing means a single family, owner-occupied residence, whether mobile or permanent, that is approved by the board of health pursuant to 105 CMR 410.710 to alter standards set forth in 105 CMR 410.000 for heating, plumbing, electrical, and sanitary facilities and minimum square footage requirements in order to reduce energy use or environmental impact.
Asbestos means:
Asbestos-containing Material (ACM) means any material containing 1% or more asbestos as determined by a laboratory using protocols set forth in the "Method for the Determination of Asbestos in Bulk Building Materials" found in EPA report EPA/600/R-93/116, or another method as directed by the Massachusetts Department of Environmental Protection. Asbestos-containing Material (ACM) includes, but is not limited to, sprayed-on and troweled-on materials applied to ceilings, walls, and other surfaces; insulation on pipes, boilers, tanks, ducts, and other equipment, structural and non-structural members; tiles; asphalt roofing or siding materials; or asbestos-containing paper.
Bed and Breakfast Establishment means a private owner-occupied house where rooms are rented and a breakfast is included in the rent, and all accommodations are reserved in advance.
Board of Health means a municipal board of health, a municipal health department, other municipal entity when acting under local authority to enforce 105 CMR 410.000, a regional health district, or any other legally constituted city, town, or county governmental unit within the Commonwealth serving as a public health agency, as established under M.G.L. c. 41, § 1, or M.G.L. c. 111, §§ 26, 26A, 27A or 27B, or its authorized agent or representative under M.G.L. c. 111, § 30.
Building and Structural Elements means any component of a residence including, but not limited to, the foundation, floors, walls, doors, windows, ceilings, roofs, gutters, soffits, siding, staircases, porches, decks, and chimneys.
Bulk Items means waste items which because of size or weight are not collected as part of routine household refuse collection and have been designated by the local community through rules and regulations to require specific disposal procedures. Bulk items may include, but are not limited to, mattresses, large appliances, furniture, large auto parts, stumps, and trees, as well as large branches or brush that exceeds local size restrictions for yard waste collection.
Chemical Toilet means a self-contained toilet where material is held in a sealed tank, containing chemicals and deodorizers, and which is emptied on a periodic basis.
Compliance with Accepted Standards means meeting all the requirements of 105 CMR 410.000 and correcting any violation of 105 CMR 410.000 in a work person-like manner and in accordance with accepted building, plumbing, heating, gas fitting, electrical wiring standards, or advisories issued by the Department, so that the residence or cited item or component is returned to its intended function or use. Materials and equipment shall be appropriate for the use intended and affected areas shall be left in a properly cleaned condition. When licenses or permits are required to perform the work necessary to correct the violation including, but not limited to, building, plumbing, wiring/electrical, heating, gas fitting, asbestos removal, lead-based paint abatement, and elimination of pests, compliance shall also mean that such licenses and permits have been obtained and that any conditions or requirements imposed by such licenses and permits have been met.
Compostable Material means an organic material excluding waste water treatment residuals which has the potential to be composted and which is presorted and is not contaminated by significant amounts of toxic substances, as those terms are or may be 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 means a condition meeting the standard set forth in M.G.L. c 111, §§ 127A and 127B under which a board of health may justify closing down, securing, condemning, or demolishing a residence. 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/or Wellbeing of an Occupant means the existence of a condition, listed in 105 CMR 410.630 or any other condition so certified by the board of health to be a violation, which may expose or subject a person or persons to harm, or may materially impair the health, safety, or the well-being of an occupant or the public.
105 CMR 410.010