[Adopted 12-11-1942;
amended 6-8-1978]
A.Â
Whenever a rented dwelling unit, apartment, or tenement other than
a hotel, motel or rooming house is vacated by the occupant or occupants
thereof, or within 10 days before the expiration date of the anticipated
vacancy, it must be certified by the Board of Health or its agents
prior to being reoccupied by a new occupant as meeting the standards
set forth in the Sanitary Code, Chapter II, Minimum Standards of Fitness
for Human Habitation, as promulgated and from time to time amended
by the Department of Public Health of the Commonwealth of Massachusetts
under the authority of MGL c. 111, § 127A.
B.Â
After inspection of the vacant premises by the Board of Health or
its agents, all public utilities servicing said vacant premises may
be ordered turned off by the Board of Health or its agents until such
dwelling units, apartments, or tenement is certified as being fit
for human habitation. If within 72 hours, excluding Saturdays, Sundays,
and holidays, after receipt of written notification of a vacancy from
the owner, managing agent, or person in possession, the Board of Health
or its agents fail to make an inspection, then the rented dwelling
unit, apartment or tenement may be reoccupied without such certification.
C.Â
If after inspection of the premises by the Board of Health or its
agents, the Board of Health determines that the owner should be given
time to make repairs necessary to qualify for certification and the
health and safety of any occupant is not thereby endangered, the Board
of Health may issue a temporary occupancy permit in increments of
30 days, not to exceed 90 days total. Before any public utilities
are ordered shut off, the Board of Health shall give notice in writing
to the owner, managing agent, or person in control of the vacant premises
that such action is to be taken.
D.Â
This regulation shall not apply to new construction which is in compliance
with the General Laws of the Commonwealth of Massachusetts and local
ordinances pertaining thereto; nor shall it apply to new construction
which was completed less than three years prior to the date on which
the rented dwelling units, apartment, or tenement becomes vacant.
E.Â
Any owner
of such property used for dwelling purposes failing to comply with
this regulation shall pay a fine of $20 for each and every day he
allows any person or persons to live, occupy or inhabit the premises
without having received an occupancy permit from the Board of Health.
