Massachusetts Department of Public Health Bureau of Environmental Health Heating Systems and Enforcement of the Housing Code (In conjunction with the Department of Fire Services 2008)

Heating Systems and Enforcement of the Housing Code Massachusetts Department of Public Health Bureau of Environmental Health (In conjunction with the Department of Fire Services 2008)

Housing Code 105 CMR : Minimum Standards of Fitness for Human Habitation (State Sanitary Code, Chapter II) 105 CMR : Minimum Standards of Fitness for Human Habitation (State Sanitary Code, Chapter II) Purpose Purpose Protect health and safety of occupantsProtect health and safety of occupants Facilitate legal remedies for substandard housing conditions available to occupants and authoritiesFacilitate legal remedies for substandard housing conditions available to occupants and authorities Notify interested parties of violations requiring immediate attentionNotify interested parties of violations requiring immediate attention

Role of Health Officials Local health officials have primary enforcement of the housing code in their community Local health officials have primary enforcement of the housing code in their community Conduct inspections Conduct inspections Occupant’s permissionOccupant’s permission Cannot enter with fire or policeCannot enter with fire or police Administrative search warrantAdministrative search warrant Issue orders-to-correct Issue orders-to-correct Conduct re-inspections Conduct re-inspections Initiate legal action when order not obeyed Initiate legal action when order not obeyed

Limitations Housing code does not provide unlimited authority Housing code does not provide unlimited authority Requires referral to appropriate agency for enforcementRequires referral to appropriate agency for enforcement References requirements of other codes as the standard forReferences requirements of other codes as the standard for Installation Installation Maintenance Maintenance

Appropriate Laws, Boards, & Codes The housing code requires the owner to provide certain systems, but references other state boards, codes, and statutes for the approval and technical requirements of those systems The housing code requires the owner to provide certain systems, but references other state boards, codes, and statutes for the approval and technical requirements of those systems Fire Prevention, 527 CMRFire Prevention, 527 CMR Building Regulations and Standards, 780 CMRBuilding Regulations and Standards, 780 CMR Plumbers and Gas Fitters, 248 CMRPlumbers and Gas Fitters, 248 CMR Massachusetts Electrical Code, 527 CMR 12.00Massachusetts Electrical Code, 527 CMR 12.00

Appropriate Enforcement In instances where 105 CMR references other boards or codes, the appropriate agency or authority is responsible for the investigation and for ensuring that the violation in question is brought into compliance. In instances where 105 CMR references other boards or codes, the appropriate agency or authority is responsible for the investigation and for ensuring that the violation in question is brought into compliance.

Appropriate Laws, Boards, & Codes Heating Facilities Heating Facilities (B) requires portable space heaters to meet the requirements of Fire Prevention statutes (B) requires portable space heaters to meet the requirements of Fire Prevention statutes M.G.L. c. 148 §§ 5A and 25B M.G.L. c. 148 §§ 5A and 25B Owner’s Installation and Maintenance R esponsibilities Owner’s Installation and Maintenance R esponsibilities requires installation, “in accordance with accepted plumbing, gas fitting, and electrical wiring standards…” requires installation, “in accordance with accepted plumbing, gas fitting, and electrical wiring standards…” Heating equipment Heating equipment Water heating equipment Water heating equipment Smoke detectors and carbon monoxide alarms Smoke detectors and carbon monoxide alarms All electrical fixtures All electrical fixtures HVAC equipment HVAC equipment

Appropriate Laws, Boards, & Codes Occupant’s Installation and Maintenance Responsibilities Occupant’s Installation and Maintenance Responsibilities requires installation, “in accordance with plumbing, heating, gas fitting, and electrical standards…” requires installation, “in accordance with plumbing, heating, gas fitting, and electrical standards…” Stoves Stoves Electrical fixtures Electrical fixtures

Appropriate Laws, Boards, & Codes Smoke Detectors and Carbon Monoxide Alarms Smoke Detectors and Carbon Monoxide Alarms (A) requires the owner to install and maintain in accordance with (A) requires the owner to install and maintain in accordance with Fire Prevention Fire Prevention Building Regulations and Standards Building Regulations and Standards Plumbers and Gas Fitters Plumbers and Gas Fitters Provisions of Mass General Laws Provisions of Mass General Laws (B) requires health official to notify fire chief of violations (B) requires health official to notify fire chief of violations

Local Health Enforcement There are many sections of the housing code the local health official may use to ensure proper operation and safety of heating systems, conservation of heat, and an ample supply of heat to occupant(s) There are many sections of the housing code the local health official may use to ensure proper operation and safety of heating systems, conservation of heat, and an ample supply of heat to occupant(s) Hot Water Hot Water “Owner shall provide and maintain in good operating condition the facilities capable of heating water.” “Owner shall provide and maintain in good operating condition the facilities capable of heating water.” Temperature Requirements Temperature Requirements “The owner shall provide heat in every habitable room and every room containing a toilet, shower or bathtub…” “The owner shall provide heat in every habitable room and every room containing a toilet, shower or bathtub…”

Local Health Enforcement Venting Venting “Space heaters and water heaters shall be properly vented to a chimney or vent leading to the outdoors.” “Space heaters and water heaters shall be properly vented to a chimney or vent leading to the outdoors.” Temporary Wiring Temporary Wiring “No wiring shall lie under a rug or other floor covering, nor shall extend through a doorway or other opening…” “No wiring shall lie under a rug or other floor covering, nor shall extend through a doorway or other opening…” Provision of Oil Provision of Oil “The owner shall provide the oil used for heating and/or hot water in each dwelling unit unless such oil is provided through a separate oil tank …” “The owner shall provide the oil used for heating and/or hot water in each dwelling unit unless such oil is provided through a separate oil tank …”

Local Health Enforcement Maintain Structural elements Maintain Structural elements “Every owner shall maintain the foundation, floors, walls, doors, windows, … so that dwelling excludes wind, rain and snow …” “Every owner shall maintain the foundation, floors, walls, doors, windows, … so that dwelling excludes wind, rain and snow …” Weathertight Elements Weathertight Elements (A) Addresses the conditions necessary to maintain windows (A) Addresses the conditions necessary to maintain windows (B) Addresses conditions necessary to maintain exterior doors (B) Addresses conditions necessary to maintain exterior doors

Local Health Enforcement Respecting Structural Elements Respecting Structural Elements “The occupant shall exercise reasonable care in the use of the floors, walls, doors, windows …” “The occupant shall exercise reasonable care in the use of the floors, walls, doors, windows …” Curtailment Prohibited Curtailment Prohibited “No owner or occupant shall cause any service, facility, equipment, or utility which is required to be made available for 105 CMR to be removed from or shut off …” “No owner or occupant shall cause any service, facility, equipment, or utility which is required to be made available for 105 CMR to be removed from or shut off …”

Local Health Enforcement Conditions Deemed to Endanger or Impair Health or Safety Conditions Deemed to Endanger or Impair Health or Safety (A) Failure to provide hot water (A) Failure to provide hot water (B) Failure to provide heat (B) Failure to provide heat (C) Failure to restore electricity, gas, or water (C) Failure to restore electricity, gas, or water (N) Failure to provide smoke detector or carbon monoxide alarm (N) Failure to provide smoke detector or carbon monoxide alarm Requires immediate actionRequires immediate action

Local Health Enforcement Correction Orders Correction Orders “Within 12 hours after the inspection order the owner or occupant to make a good faith effort to correct within 24 hours …” “Within 12 hours after the inspection order the owner or occupant to make a good faith effort to correct within 24 hours …” Failure to provide heatFailure to provide heat Failure to maintain systems listed in Failure to maintain systems listed in Termination or failure to restore hot water, heat, electricity, or gasTermination or failure to restore hot water, heat, electricity, or gas Dwellings Unfit for Habitation Dwellings Unfit for Habitation Local health authority may condemn a dwelling if determined to be unfit Local health authority may condemn a dwelling if determined to be unfit

Teamwork To ensure a safe living environment during the heating season, a team approach is required for success. To ensure a safe living environment during the heating season, a team approach is required for success. State and Local OfficialsState and Local Officials Fire Services Fire Services Public Health Public Health Building Building Plumbing Plumbing Electrical Electrical

DPH Contacts Website Website Bureau of Environmental Health Bureau of Environmental Health Community Sanitation ProgramCommunity Sanitation Program Indoor Air Quality ProgramIndoor Air Quality Program