Inspection upon Request

(A) The board of health shall inspect a dwelling unit or rooming unit and common areas upon receipt of a written, oral, telephonic, or electronic request for inspection from an occupant of that dwelling or rooming unit. The board of health shall conduct this inspection regardless of whether: (1) The occupant requesting the inspection has previously notified the owner of the alleged condition; (2) There is an eviction, litigation, or other dispute pending between the owner and the occupant; or (3) The occupant requesting the inspection is anonymous or requests the board of health keep their name confidential. (B) The board of health shall investigate complaints or requests for inspection concerning a residence received from a person who is not an occupant of that residence to determine if there is sufficient cause for an inspection. The investigation may consist of a visual assessment from a public way, record review, or contact with the occupants, owners, managers and/or maintenance staff by telephone or in person. Upon completion of the investigation, the board of health shall either conduct an inspection or, if it determines there is no justification for an inspection, record the decision as required by 105 CMR 410.600(D). (C) The board of health shall use its best efforts to schedule and complete an inspection at a time mutually satisfactory to the occupant and the board of health. (1) The inspection shall be conducted within one business day after the receipt of a request if alleged conditions include violations enumerated in 105 CMR 410.630(A). (2) The inspection shall be conducted within five business days after receipt of a request if alleged conditions do not include any of the violations enumerated in 105 CMR 410.630(A). (D) The board of health shall keep a record of all requests for inspections, which shall include, but need not be limited to, the following: (1) Name of the person requesting the inspection if provided, which may be kept confidential by the board of health; (2) Time and date of each request; (3) Location of the residence; (4) The nature of the alleged violation(s); (5) Date the inspection is conducted; and (6) Any decision not to conduct an inspection requested by a person who is not an occupant.