1. 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)

2. 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)

3. Housing Code 105 CMR 410.000: Minimum Standards of Fitness for Human Habitation (State Sanitary Code, Chapter II) 105 CMR 410.000: 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

4. 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

5. 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

6. 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

7. Appropriate Enforcement In instances where 105 CMR 410.000 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 410.000 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.

8. Appropriate Laws, Boards, & Codes Heating Facilities Heating Facilities 410.200(B) requires portable space heaters to meet the requirements of Fire Prevention statutes410.200(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 410.351 requires installation, “in accordance with accepted plumbing, gas fitting, and electrical wiring standards…”410.351 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

9. Appropriate Laws, Boards, & Codes Occupant’s Installation and Maintenance Responsibilities Occupant’s Installation and Maintenance Responsibilities 410.352 requires installation, “in accordance with plumbing, heating, gas fitting, and electrical standards…”410.352 requires installation, “in accordance with plumbing, heating, gas fitting, and electrical standards…” Stoves Stoves Electrical fixtures Electrical fixtures

10. Appropriate Laws, Boards, & Codes Smoke Detectors and Carbon Monoxide Alarms Smoke Detectors and Carbon Monoxide Alarms 410.482(A) requires the owner to install and maintain in accordance with410.482(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 410.482(B) requires health official to notify fire chief of violations410.482(B) requires health official to notify fire chief of violations

11. 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) 410.190 Hot Water410.190 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.” 410.201 Temperature Requirements410.201 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…”

12. Local Health Enforcement 410.202 Venting410.202 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.” 410.256 Temporary Wiring410.256 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…” 410.355 Provision of Oil410.355 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 …”

13. Local Health Enforcement 410.500 Maintain Structural elements410.500 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 …” 410.501 Weathertight Elements410.501 Weathertight Elements 410.501(A) Addresses the conditions necessary to maintain windows 410.501(A) Addresses the conditions necessary to maintain windows 410.501(B) Addresses conditions necessary to maintain exterior doors 410.501(B) Addresses conditions necessary to maintain exterior doors

14. Local Health Enforcement 410.505 Respecting Structural Elements410.505 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 …” 410.620 Curtailment Prohibited410.620 Curtailment Prohibited “No owner or occupant shall cause any service, facility, equipment, or utility which is required to be made available for 105 CMR 410.000 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 410.000 to be removed from or shut off …”

15. Local Health Enforcement 410.750 Conditions Deemed to Endanger or Impair Health or Safety410.750 Conditions Deemed to Endanger or Impair Health or Safety 410.750(A) Failure to provide hot water 410.750(A) Failure to provide hot water 410.750(B) Failure to provide heat 410.750(B) Failure to provide heat 410.750(C) Failure to restore electricity, gas, or water 410.750(C) Failure to restore electricity, gas, or water 410.750(N) Failure to provide smoke detector or carbon monoxide alarm 410.750(N) Failure to provide smoke detector or carbon monoxide alarm Requires immediate actionRequires immediate action

16. Local Health Enforcement 410.830 Correction Orders410.830 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 410.351Failure to maintain systems listed in 410.351 Termination or failure to restore hot water, heat, electricity, or gasTermination or failure to restore hot water, heat, electricity, or gas 410.831 Dwellings Unfit for Habitation410.831 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

17. 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

18. DPH Contacts Website www.mass.gov/dph/environmental_health Website www.mass.gov/dph/environmental_health Bureau of Environmental Health 617-624-5757 Bureau of Environmental Health 617-624-5757 Community Sanitation ProgramCommunity Sanitation Program Indoor Air Quality ProgramIndoor Air Quality Program