105 Mass. Reg. 400.200

Current through Register 1440, April 2, 2021
Section 400.200 - Local Enforcement
(A)General Procedures. Unless otherwise expressly provided in any article of the State Sanitary Code, each board of health may enforce the State Sanitary Code by fine in accordance with 105 CMR 400.700, or otherwise at law or in equity in the same manner that local rules and regulations are enforced; except however, 105 CMR 400.000 does not authorize a bill in equity in lieu of 105 CMR 400.100(C).
(B)Emergency Procedures.
(1) Whenever an emergency exists in which the interest of protecting the public health requires that ordinary procedures be dispensed with, the board of health or its authorized agent, acting in accordance with the provisions of M.G.L. c. 111, § 30, may, without notice or hearing, issue an order reciting the existence of the emergency and requiring that such action be taken as the board of health deems necessary to meet the emergency. Notwithstanding any other provision of the State Sanitary Code, any person to whom such order is directed shall comply therewith within the time specified in the order. Each day's failure to comply with the order shall constitute a separate offense. Upon compliance with the order and within seven days after the day the order has been served, he may file a written petition in the office of the board of health requesting a hearing. He shall be granted a hearing as soon as possible but not later than ten days after the filing of the petition. The procedures for such hearing shall otherwise conform with the hearing requirements which would have existed had the order been issued under non-emergency circumstances.
(2) No provision of this subsection shall be construed as a limitation on the emergency powers of the Department of Public Health of the Commonwealth.

105 CMR 400.200