Definitions

Affected Person(s) means the occupants if the person responsible for correcting the violation is the owner, and the owner if the person responsible for correcting the violation is the occupant of any residence on which an order to correct has been served. Alternative Housing means a single family, owner-occupied residence, whether mobile or permanent, that is approved by the board of health pursuant to 105 CMR 410.710 to alter standards set forth in 105 CMR 410.000 for heating, plumbing, electrical, and sanitary facilities and minimum square footage requirements in order to reduce energy use or environmental impact. Asbestos means: (1) Chrysotile, amosite, crocidolite; or (2) In fibrous form, tremolite-asbestos, anthophyllite-asbestos, or actinolite-asbestos. Asbestos-containing Material (ACM) means any material containing 1% or more asbestos as determined by a laboratory using protocols set forth in the "Method for the Determination of Asbestos in Bulk Building Materials" found in EPA report EPA/600/R-93/116, or another method as directed by the Massachusetts Department of Environmental Protection. Asbestos-containing Material (ACM) includes, but is not limited to, sprayed-on and troweled-on materials applied to ceilings, walls, and other surfaces; insulation on pipes, boilers, tanks, ducts, and other equipment, structural and non-structural members; tiles; asphalt roofing or siding materials; or asbestos-containing paper. Bed and Breakfast Establishment means a private owner-occupied house where rooms are rented and a breakfast is included in the rent, and all accommodations are reserved in advance. Board of Health means a municipal board of health, a municipal health department, other municipal entity when acting under local authority to enforce 105 CMR 410.000, a regional health district, or any other legally constituted city, town, or county governmental unit within the Commonwealth serving as a public health agency, as established under M.G.L. c. 41, § 1, or M.G.L. c. 111, §§ 26, 26A, 27A or 27B, or its authorized agent or representative under M.G.L. c. 111, § 30. Building and Structural Elements means any component of a residence including, but not limited to, the foundation, floors, walls, doors, windows, ceilings, roofs, gutters, soffits, siding, staircases, porches, decks, and chimneys. Bulk Items means waste items which because of size or weight are not collected as part of routine household refuse collection and have been designated by the local community through rules and regulations to require specific disposal procedures. Bulk items may include, but are not limited to, mattresses, large appliances, furniture, large auto parts, stumps, and trees, as well as large branches or brush that exceeds local size restrictions for yard waste collection. Chemical Toilet means a self-contained toilet where material is held in a sealed tank, containing chemicals and deodorizers, and which is emptied on a periodic basis. Compliance with Accepted Standards means meeting all the requirements of 105 CMR 410.000 and correcting any violation of 105 CMR 410.000 in a work person-like manner and in accordance with accepted building, plumbing, heating, gas fitting, electrical wiring standards, or advisories issued by the Department, so that the residence or cited item or component is returned to its intended function or use. Materials and equipment shall be appropriate for the use intended and affected areas shall be left in a properly cleaned condition. When licenses or permits are required to perform the work necessary to correct the violation including, but not limited to, building, plumbing, wiring/electrical, heating, gas fitting, asbestos removal, lead-based paint abatement, and elimination of pests, compliance shall also mean that such licenses and permits have been obtained and that any conditions or requirements imposed by such licenses and permits have been met. Compostable Material means an organic material excluding waste water treatment residuals which has the potential to be composted and which is presorted and is not contaminated by significant amounts of toxic substances, as those terms are or may be defined by 310 CMR 19.00: Solid Waste Management. Composting means a process of accelerated biodegradation and stabilization of organic material under controlled conditions yielding a product which can safely be used, as those terms are or may be defined by 310 CMR 19.00: Solid Waste Management. A Condition Making a Unit Unfit for Human Habitation means a condition meeting the standard set forth in M.G.L. c 111, §§ 127A and 127B under which a board of health may justify closing down, securing, condemning, or demolishing a residence. It shall mean a violation which poses such immediate harm or threat of harm to an occupant or to the public that other legal remedies cannot be reasonably expected to bring about removal of the condition with sufficient speed to prevent the serious harm or injury to the occupants or to the public. A Condition Which May Endanger or Materially Impair the Health or Safety and/or Wellbeing of an Occupant means the existence of a condition, listed in 105 CMR 410.630 or any other condition so certified by the board of health to be a violation, which may expose or subject a person or persons to harm, or may materially impair the health, safety, or the well-being of an occupant or the public. Condominium means the land or the lessee's interest in any lease of such land which is submitted pursuant to M.G.L. c. 183A, the building or buildings, all other improvements and structures thereon, and all easements, rights and appurtenances belonging thereto, which have been submitted pursuant to M.G.L. c. 183A. Department means the Massachusetts Department of Public Health. Dwelling Unit means the room or group of rooms within a residence used or intended for use by an individual, family, or household for living, sleeping, cooking, and eating, and other areas of which the occupant has exclusive use. Entry Door of a Dwelling Unit means any door of a dwelling unit which provides access to the common areas of the residence or access to the outside of the residence. Entry Door of a Residence means any door of a residence which provides access to the common areas of the residence from the exterior of the residence except that when there are two doors which enclose an entryway between the common areas of the residence and the exterior of the residence it shall mean either of the doors. Excess Moisture means the unwanted presence of moisture or water on permeable surfaces in a residence that occurs on a periodic, chronic or acute basis and presents a risk of mold growth. Exterior Openable Window means any window designed and installed to open to the outside of the residence. Exterminate means to eliminate pests. Fuel means the electricity or any combustible fuel such as oil, gas, coal, wood or biofuel pellets, or wood used in the provision of heat and/or hot water. Garbage means the animal, vegetable or other organic waste resulting from the handling, preparing, cooking, consumption or cultivation of food, and containers and cans which have contained food unless such containers and cans have been cleaned or prepared for recycling. Guard means a system of building components including, but not limited to, newel posts, upper and lower rails, and balusters, or solid construction. Habitable Room means every room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding rooms containing toilets, bathtubs or showers and excluding laundries, pantries, foyers, communicating corridors, closets and storage spaces. Handrail means a horizontal or sloping rail intended for grasping by the hand for guidance or support. Heating System means: (1) A central furnace, boiler or device that heats air or water which is distributed through vents, ducts, pipes, or radiators; (2) A series of hard-wired electrical heaters or heating/air conditioning units permanently installed and secured to a structural element; or (3) Gas-fired kitchen stoves with factory installed heaters. Homeless Shelter means a residence operated by a service agency which provides temporary, overnight sleeping accommodations and offers transitional assistance to homeless individuals and families in need of permanent housing. Humus/Composting Toilet means a self-contained system, approved in accordance with 310 CMR 15.000: The State Environmental Code, Title 5: Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage, consisting of a composter with a separate toilet fixture from which no liquid or solid waste materials are discharged to the surface or subsurface environment and from which a humus/compost-like end product is produced. Incinerating Toilet means a self-contained waterless system that does not require connection to a sewer system or in ground septic system, except to dispose of graywater, approved in accordance with 248 CMR 10.00: Uniform State Plumbing Code. Manufactured Home means a structure, built in conformance to the National Manufactured Home Construction and Safety Standards which is transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Manufactured Housing Community means any lot or track of land upon which three or more manufactured homes occupied for dwelling purposes are located, including buildings, structures, fixtures and equipment used in connection with the manufactured home and licensed under M.G.L c. 140, § 32B. Means of Egress means a continuous and unobstructed path providing a route of exit from the interior of a dwelling unit or rooming unit to a public way. Mechanical Ventilation means a system designed to remove air from a room or space to the outdoors by using a fan or other mechanical means and to provide active or passive make up air. Natural Ventilation means air exchange provided by a non-mechanical means. Sources of natural ventilation include, but are not limited to, windows or doors in exterior walls that are intended to supply or remove air from any space. Occupant means any person living or sleeping in a residence. Occupant's Representative means any adult person designated and duly authorized to act on the occupant's behalf including, but not limited to, any person or group designee from a tenant's organization or other community group. Owner means every person who alone or severally with others: (1) Has legal title to any residence, or parcel of land, vacant or otherwise, including a manufactured housing community; (2) Has care, charge or control of any residence, or parcel of land, vacant or otherwise, including a manufactured housing community, in any capacity including, but not limited to, personal representative, agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate of the holder of legal title; (3) Is a mortgagee in possession of any such property; (4) Is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property; or (5) Is an officer or trustee of the association of unit owners of a condominium. Owner's Representative means any adult person designated and duly authorized to act on the owner's behalf to effect compliance with the provisions of 105 CMR 410.000. Person means every individual, partnership, corporation, firm, association, or group, including a city, town, county or other governmental unit, owning property or carrying on an activity regulated by 105 CMR 410.000. Pest means any of the following that may cause disease, injury or other health risk to humans or pets, or act as a disease vector, or cause damage to property: (1) Insects including, but not limited to, mosquitoes, bees, flies, ants, termites, cockroaches and bed bugs; (2) Arachnids including, but not limited to, spiders, daddy long legs, scorpions, and ticks; (3) Rodents; or (4) Other unwanted animal life. Pest Infestation means the recurrent presence of pests. Potable Water means water from any source that has been approved by the Department of Environmental Protection or board of health. Provide means to supply and pay for. Recyclable means any type of refuse designated by the local community through rules, regulations, or policies to be separated for recycling. Refuse means discarded solid material resulting from household activities and shall include, but not be limited to, garbage, rubbish, recyclable materials, bulk items, or yard waste. Refuse shall not include items designated as household hazardous waste which require separate disposal. Residence means every building or structure used for, or intended for, human habitation and every other structure or condition located within the physical boundaries of the same lot. Residences include, but are not limited to, single or multi-unit structures, rooming houses, manufactured homes, homeless shelters, temporary housing, alternative housing, and condominiums. Rooming House means everyresidence or part thereof which contains one or more rooming units in which space is rented for compensation by the owner or operator to four or more persons not within the second degree of kindred to the person compensated, rental of which is based on a contractual agreement between owner and an individual or household for rent of a rooming unit and use of shared facilities. Rooming houses include, but are not limited to, boarding houses, hotels, motels, inns, lodging houses, bed and breakfast operations, dormitories, fraternity and sorority houses, hostels, and other similar residences. Rooming Unit means the room or group of rooms used for sleeping and living in a rooming house that are rented to an individual or household. Rubbish means waste materials including, but not limited to, such material as paper, rags, cartons, boxes, wood, rubber, leather, tin cans, metals, machine or machine parts, mineral matter, glass, plastic bags and containers, crockery, dust, and the residue from the burning of wood, coal, coke and other combustible materials. Rubbish does not include garbage, yard waste, recyclable material, or bulk items. Shared Facilities means facilities shared by more than one dwelling unit or rooming unit and placed so as not to require the passing through any part of another dwelling unit or rooming unit for access. Stairway means any group of stairs consisting of three or more risers. Temporary Emergency Shelter means any building, facility, or space therein designed and used primarily as a church or house of worship for religious services or instruction or related activities which is owned or operated by a religious organization and qualified for exemption under 26 U.S.C. § 501(c)(3) that may, on occasion, provide temporary overnight accommodation to a limited number of individuals for a limited period of time. Temporary Housing means any structure used for human habitation which is: (1) A mobile structure, including a tent, that is attached to the ground, to another structure, or to any utility system, on the same premises for less than 30 calendar days; or (2) A mobile or permanent structure that provides basic shelter and contains at least one habitable room for living, sleeping, eating, cooking or sanitation that is intended to be occupied by a single family or household for intermittent periods of time not to exceed 90 consecutive days. Violation means any condition in a residence, or upon a parcel of land, which fails to meet any requirement of 105 CMR 410.000. Water Conservation Device means for all showers, shower stalls, shower compartments or shower baths, a low-flow showerhead which shall have a maximum flow rate not exceeding two and ½ gallons of water per minute, for all faucets a maximum flow rate not exceeding two and 2/10 gallons of water per minute and for all water closets, ultra-low-flush water closets not exceeding one and 6/10 gallons of water per flush, contained within a residence. Water Submetering means the use of a meter by an owner who receives water from a water company, as defined in M.G.L. c. 186, § 22, which measures water supplied to a residence to enable the owner to charge the occupant of the dwelling unit separatelyfor water usage, or which meter measures water supplied to a common area. Wood or Pellet Stove means a stove that burns wood, compressed wood pellets, or biomass pellets and is designed to radiate heat from the stove wall to provide heat to a room. A wood or pellet stove does not include the necessary vents, ducts, pipes, or radiators to distribute heat to the entire dwelling unit. Work Person-like Manner means the way work is completed in accordance with accepted trade practices and regulatory requirements. Yard Waste means grass clippings, leaves, weeds, hedge clippings, garden waste, and twigs, as well as brush or branches that meet size restrictions specified by the local community through rules and regulations relating to yard waste collection.