Massachusetts Department of Public Health Bureau of Environmental Health

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Massachusetts Department of Public HealthBureau
of Environmental Health

• Heating Systems and Enforcement of the Housing
  Code
• (In conjunction with the Department of Fire
  Services 2008)

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Heating Systems and Enforcement of the Housing
Code

• Massachusetts Department of Public HealthBureau
  of Environmental Health
• (In conjunction with the Department of Fire
  Services 2008)

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Housing Code

• 105 CMR 410.000 Minimum Standards of Fitness
  for Human Habitation (State Sanitary Code,
  Chapter II)
• Purpose
• Protect health and safety of occupants
• Facilitate legal remedies for substandard housing
  conditions available to occupants and authorities
• Notify interested parties of violations requiring
  immediate attention

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Role of Health Officials

• Local health officials have primary enforcement
  of the housing code in their community
• Conduct inspections
• Occupants permission
• Cannot enter with fire or police
• Administrative search warrant
• Issue orders-to-correct
• Conduct re-inspections
• Initiate legal action when order not obeyed

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Limitations

• Housing code does not provide unlimited authority
• Requires referral to appropriate agency for
  enforcement
• References requirements of other codes as the
  standard for
• Installation
• Maintenance

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Appropriate Laws, Boards, Codes

• The housing code requires the owner to provide
  certain systems, but references other state
  boards, codes, and statutes for the approval and
  technical requirements of those systems
• Fire Prevention, 527 CMR
• Building Regulations and Standards, 780 CMR
• Plumbers and Gas Fitters, 248 CMR
• Massachusetts Electrical Code, 527 CMR 12.00

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Appropriate Enforcement

• In instances where 105 CMR 410.000 references
  other boards or codes, the appropriate agency or
  authority is responsible for the investigation
  and for ensuring that the violation in question
  is brought into compliance.

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Appropriate Laws, Boards, Codes

• Heating Facilities
• 410.200(B) requires portable space heaters to
  meet the requirements of Fire Prevention statutes
• M.G.L. c. 148 5A and 25B
• Owners Installation and Maintenance
  Responsibilities
• 410.351 requires installation, in accordance
  with accepted plumbing, gas fitting, and
  electrical wiring standards
• Heating equipment
• Water heating equipment
• Smoke detectors and carbon monoxide alarms
• All electrical fixtures
• HVAC equipment

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Appropriate Laws, Boards, Codes

• Occupants Installation and Maintenance
  Responsibilities
• 410.352 requires installation, in accordance
  with plumbing, heating, gas fitting, and
  electrical standards
• Stoves
• Electrical fixtures

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Appropriate Laws, Boards, Codes

• Smoke Detectors and Carbon Monoxide Alarms
• 410.482(A) requires the owner to install and
  maintain in accordance with
• Fire Prevention
• Building Regulations and Standards
• Plumbers and Gas Fitters
• Provisions of Mass General Laws
• 410.482(B) requires health official to notify
  fire chief of violations

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Local Health Enforcement

• There are many sections of the housing code the
  local health official may use to ensure proper
  operation and safety of heating systems,
  conservation of heat, and an ample supply of heat
  to occupant(s)
• 410.190 Hot Water
• Owner shall provide and maintain in good
  operating condition the facilities capable of
  heating water.
• 410.201 Temperature Requirements
• The owner shall provide heat in every habitable
  room and every room containing a toilet, shower
  or bathtub

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Local Health Enforcement

• 410.202 Venting
• Space heaters and water heaters shall be
  properly vented to a chimney or vent leading to
  the outdoors.
• 410.256 Temporary Wiring
• No wiring shall lie under a rug or other floor
  covering, nor shall extend through a doorway or
  other opening
• 410.355 Provision of Oil
• The owner shall provide the oil used for heating
  and/or hot water in each dwelling unit unless
  such oil is provided through a separate oil tank
  

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Local Health Enforcement

• 410.500 Maintain Structural elements
• Every owner shall maintain the foundation,
  floors, walls, doors, windows, so that dwelling
  excludes wind, rain and snow
• 410.501 Weathertight Elements
• 410.501(A) Addresses the conditions necessary to
  maintain windows
• 410.501(B) Addresses conditions necessary to
  maintain exterior doors

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Local Health Enforcement

• 410.505 Respecting Structural Elements
• The occupant shall exercise reasonable care in
  the use of the floors, walls, doors , windows
• 410.620 Curtailment Prohibited
• No owner or occupant shall cause any service,
  facility, equipment, or utility which is required
  to be made available for 105 CMR 410.000 to be
  removed from or shut off

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Local Health Enforcement

• 410.750 Conditions Deemed to Endanger or Impair
  Health or Safety
• 410.750(A) Failure to provide hot water
• 410.750(B) Failure to provide heat
• 410.750(C) Failure to restore electricity, gas,
  or water
• 410.750(N) Failure to provide smoke detector or
  carbon monoxide alarm
• Requires immediate action

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Local Health Enforcement

• 410.830 Correction Orders
• Within 12 hours after the inspection order the
  owner or occupant to make a good faith effort to
  correct within 24 hours
• Failure to provide heat
• Failure to maintain systems listed in 410.351
• Termination or failure to restore hot water,
  heat, electricity, or gas
• 410.831 Dwellings Unfit for Habitation
• Local health authority may condemn a dwelling if
  determined to be unfit

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Teamwork

• To ensure a safe living environment during the
  heating season, a team approach is required for
  success.
• State and Local Officials
• Fire Services
• Public Health
• Building
• Plumbing
• Electrical

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DPH Contacts

• Website www.mass.gov/dph/environmental_health
• Bureau of Environmental Health 617-624-5757
• Community Sanitation Program
• Indoor Air Quality Program