Conditions Deemed to Endanger or Materially Impair Health or Safety

(A) The following conditions, when found to exist in a residence, shall always be deemed conditions which may endanger or materially impair the health, or safety and well-being of a person or persons occupying the premises: (1) Failure to provide and maintain a supply of water sufficient in quantity, pressure and temperature, both hot and cold, to meet the ordinary needs of the occupant, required by 105 CMR 410.130, 105 CMR 410.140 and 105 CMR 410.150, for a period of 24 hours or longer. (2) Failure to provide heat as required by 105 CMR 410.180 or improper venting or use of a space heater or water heater prohibited by 105 CMR 410.160(C) and 105 CMR 410.170. (3) Shutoff and/or failure to restore electricity, gas, or water. (4) Failure to provide the electrical facilities required by 105 CMR 410.300(A) through (E). (5) Failure to provide a safe supply of water required by 105 CMR 410.130(A). (6) Failure to provide a toilet, sink, shower or bathtub and maintain a sewage disposal system in operable condition required by 105 CMR 410.110(A) and (B), and 105 CMR 410.130(B). (7) Failure to provide and maintain as required by 105 CMR 410.100(A): (a) A kitchen sink of sufficient size and capacity for washing dishes and kitchen utensils. (b) If supplied by the owner, a conventional cooktop and oven, or a refrigerator with freezer. (8) Failure to provide and maintain adequate exits, or the obstruction of any exit, passageway or common area caused by any object, including refuse, which prevents egress in case of an emergency required by 105 CMR 410.260. (9) Failure to comply with the security requirements of 105 CMR 410.270(A). (10) Failure to comply with any provisions of 105 CMR 410.560 and 105 CMR 410.570, which results in any accumulation of refuse, filth or other causes of sickness which may provide a food source or harborage for rodents, insects or other pests or otherwise contribute to accidents or to the creation or spread of disease. (11) The presence of lead based paint on a dwelling or dwelling unit in violation of 105 CMR 460.000: Lead Poisoning Prevention and Control. (See M.G.L. c. 111, §§ 190 through 199.) (12) Roof, foundation, or other structural defects in violation of 105 CMR 410.500 that may expose the occupant or anyone else to fire, burns, shock, accident or other dangers or impairment to health or safety. (13) Failure to install or maintain electrical, plumbing, heating and gas-burning facilities in compliance with accepted standards as defined in 105 CMR 410.010 for plumbing, heating, gasfitting and electrical wiring or failure to maintain such facilities required by 105 CMR 410.235 and 105 CMR 410.240, so as to expose the occupant or anyone else to fire, burns, shock, accident or other danger or impairment to health or safety. (14) Any defect in asbestos material used as insulation or covering on a pipe, boiler or furnace which may result in the release of asbestos dust or which may result in the release of powdered, crumbled or pulverized asbestos material in violation of 105 CMR 410.250. (15) Failure to provide a smoke detector or carbon monoxide alarm required by 105 CMR 410.330. (16) Failure to provide and maintain a railing or guard for every stairway, porch, balcony, roof or similar place with balusters spaced as required by 105 CMR 410.520. (17) Failure to maintain the premises free from pests required by 105 CMR 410.550(A) and (B). (18) Any other violation of 105 CMR 410.000 not enumerated in 105 CMR 410.630(A) shall be deemed to be a condition which may endanger or materially impair the health or safety and well-being of an occupant upon the failure of the owner to remedy said condition within the time so ordered by the board of health. (B) The inspector may determine that any condition that violates 105 CMR 410.100 through 105 CMR 410.570 is a condition that may endanger or impair the health, safety, or well-being of a person or persons occupying the premises. Conditions identified by the inspector as conditions deemed to endanger or impair the health, safety or well-being of a person shall be noted as such on the correction order and the inspection report.