105 CMR, § 410.670

Current through Register 1536, December 6, 2024
Section 410.670 - Order to Correct Violations
(A) Every order authorized by 105 CMR 410.000 shall:
(1) Be in writing;
(2) Include a copy of the inspection report; and
(3) Include a copy of Occupants' Legal Rights and Responsibilities issued by the Department.
(B) Except as otherwise specified under the emergency provisions of 105 CMR 400.200(B), any order issued under the provisions of 105 CMR 410.000 shall:
(1) Include a statement of the violations, conditions, or defects identified in 105 CMR 410.630(A) and, in the case of occupied residences, a determination whether any violation(s) or conditions, or the cumulative effect of more than one violation or condition may endanger or materially impair the health, safety, or well-being of an occupant;
(2) Contain notice of the right to a hearing; the deadline and proper procedure for requesting a hearing; the right to inspect and obtain copies of all relevant inspection or investigation reports, orders, notices, and other documentary information in the possession of the board of health; the right to be represented at the hearing; and that any affected person has a right to appear at said hearing;
(3) Include the timeframe for compliance pursuant to 105 CMR 410.640;
(4) Indicate the requirement for a reinspection(s) pursuant to 105 CMR 410.660(A) and (C);
(5) Include the following statement translated into any non-English language that is spoken as a primary language by greater than 1% of the population of that community. "This is an important legal document. It may affect your rights. You should have it translated"; and
(6) In an order to an owner, advise the owner that the conditions which exist may permit the occupant of the residence to exercise one or more statutory remedies.
(C) If an inspection for all the standards in 105 CMR 410.000 reveals no violation of 105 CMR 410.000, the inspector shall forward a copy of the inspection report and a letter so stating to the person responsible for correcting the violation and the affected person within seven calendar days of completion of the inspection.

105 CMR, § 410.670

Adopted by Mass Register Issue 1495, eff. 5/12/2023.
Amended by Mass Register Issue 1497, eff. 5/12/2023.