Scope

(A) The provisions of 105 CMR 410.000 apply to all residences as defined in 105 CMR 410.010, unless otherwise specified in 105 CMR 410.000. Applicable requirements of Massachusetts General Law, 780 CMR: State Board of Building Regulations and Standards and other specialized codes included in M.G.L. c. 143, § 96 shall be adhered to in the design, construction, and maintenance of buildings, structures and equipment. (B) The provisions of 105 CMR 410.000 shall not apply to any residence: (1) Otherwise required to conform to minimum habitation standards specified in other chapters of the State Sanitary Code, or otherwise exempt by statute; (2) Used exclusively as a temporary overnight shelter; (3) Owned by an agency of the Commonwealth; (4) In any hospital, convalescent, nursing home, or rest home licensed by the Department of Public Health in accordance with the provisions of M.G.L. c. 111, § 51 or 71, unless regulations pertaining to such facilities require compliance with 105 CMR 410.000; or (5) On a federal militarybase or where enforcement is otherwise pre-empted by federal law. (C) It is the duty of the local health official to identify violations and order correction of such violations pursuant to 105 CMR 410.640 through 105 CMR 410.680 and the legal obligation of the person to whom the order is issued to comply with such order. (D) Nothing contained in 105 CMR 410.000 shall be construed to limit or otherwise restrict any person from seeking judicial relief in a court of competent jurisdiction notwithstanding any hearing, proceeding, or other administrative remedy set forth in 105 CMR 410.000. (E) The provisions of 105 CMR 400.000: State Sanitary Code, Chapter I shall govern the administration and enforcement of 105 CMR 410.000 except as supplemented by 105 CMR 410.600 through 105 CMR 410.950.