105 CMR, § 410.620

Current through Register 1531, September 27, 2024
Section 410.620 - Conduct of Inspections
(A) At the time of the inspection, the inspector shall record violations of 105 CMR 410.000.
(1) If assistance of a specialized inspector, who is not immediately available, is necessary to fully complete the inspection report, such report shall be completed to the fullest extent feasible at the time of the inspection, noting thereon the possible violations for which a separate inspection by a specialized inspector appears to be necessary.
(2) The need for such separate inspection shall in no way delay the normal processing or issuing of orders pursuant to 105 CMR 410.640 through 105 CMR 410.680. The board of health shall use its best efforts to schedule the separate inspection promptly, at a mutually satisfactory time for all individuals involved.
(3) A copy of 105 CMR 410.000 shall be made available upon request, free of charge or at a cost which is no greater than the board's own cost for each copy. A copy shall be made available for review at no cost.
(B) At the beginning of an inspection, an occupant shall be informed of their right to a comprehensive inspection, and a comprehensive inspection shall be conducted if the occupant so requests.
(1) Each inspection of a residence shall include at a minimum the condition alleged to be in violation and those standards listed in 105 CMR 410.630(A).
(2) A violation found in a common area shall be considered a violation which exists in each dwelling or rooming unit in which occupants have access to that area.
(3) From September 15th through May 31st, if the complaint relates solely to the lack of heat pursuant to 105 CMR 410.160 or 105 CMR 410.180 and a comprehensive inspection is requested, the comprehensive inspection will not be required during the lack of heat investigation but shall be conducted:
(a) Within one business day when violations observed or alleged are violations listed in 105 CMR 410.630(A); or
(b) Within five business days for all other violations listed in 105 CMR 410.000.
(4) Where an inspection reveals a condition or conditions which present such an imminent threat to the life, health or safety of the occupants that immediate steps must be taken by the inspector to order compliance, an inspection required by 105 CMR 410.620(B) may be delayed until after such steps are taken, but such inspection shall be completed in a timely manner.
(C) A verbal summary of the conditions noted during the inspection shall be given to the occupant or the occupant's representative at the conclusion of the inspection. A written summary shall be provided at the time of the inspection if requested by the occupant or the occupant's representative.
(D)Pest Inspections. The board of health shall conduct a pest inspection in accordance with the provisions of 105 CMR 410.620 and include, at a minimum, examination of the areas relevant to the type of pest:
(1)Insects and Arachnids:
(a) Interior of dwelling or rooming unit;
(b) Common areas adjacent to the dwelling or rooming unit;
(c) All units adjacent to the dwelling or rooming unit where the presence of bed bugs have been confirmed; and
(d) Exterior perimeter of the residence.
(2)Rodents and Other Unwanted Animal Life:
(a) Interior of dwelling or rooming unit;
(b) Common areas adjacent to the dwelling or rooming unit;
(c) Accessible attics, basements and crawl spaces; and
(d) Exterior perimeter of the residence.
(E)Excess Moisture Inspections.
(1) An inspector who discovers the existence of excess moisture or appearance of mold during an inspection shall investigate the potential sources. Potential sources of excess moisture or causes of mold which should be investigated include but are not limited to:
(a) Plumbing leaks;
(b) Structural defects which allow moisture to enter;
(c) Improperly maintained mechanical or natural ventilation; and
(d) Improperly maintained heating, air conditioning or ventilation ductwork.
(2) Environmental testing shall not be required to determine the existence of excess moisture or appearance of mold. If such testing is conducted, those results shall not be used as the sole determinant of the existence of excess moisture or appearance of mold.

105 CMR, § 410.620

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