In order to protect the health, safety and well being of the
occupants of the housing and the general public the Eastham Board
of Health adopts the following regulations.
A. No person shall rent or lease, or offer to rent or lease, any building
or any portion of a building to be used for human habitation without
first registering with the Board of Health, which shall determine
the number of persons such building or portion of a building may lawfully
accommodate under the provisions of the Massachusetts State Sanitary
Code, and without first also conspicuously posting within such building
or portion of a building a certificate of registration provided by
the Board of Health specifying the number of persons such building
or portion of a building may lawfully accommodate.
B. No tenant shall lease, rent or occupy any building or any portion
of a building subject to the provision of this chapter if, at the
time of such lease, rental or occupancy, the number of persons occupying
such building or portion of a building exceeds the number of persons
authorized to occupy such building or portion of a building, by a
certificate of registration if issued and posted, or, if no certificate
of registration is issued or posted, the number of persons that may
be lawfully accommodated as determined by the Board of Health, under
the Massachusetts State Sanitary Code.
C. There shall be a fee to be set by Board of Selectmen to procure a
certificate of registration which shall be valid until December 31
of each year. The landlord may apply annually for a certificate of
registration conditional on Board of Health receipt of acceptable,
current potable water test results tested by certified laboratory.
D. Any certificate of registration issued under this chapter shall be
revoked if, at any time, the granting authorities are satisfied that
the building or portion of the building does not meet the requirements
of 105 CMR 410.000: State Sanitary Code, Chapter II, Minimum Standards
of Fitness for Human Habitation, and relevant Town of Eastham bylaws
and regulations as to the building structure itself and those persons
residing therein or staying overnight. The granting authority may
suspend and make inoperative, for such period of time as they may
deem proper, the certificate mentioned herein for any cause deemed
satisfactory to them. The revocation and suspension shall not be made
until after investigation and a hearing or after giving the certificate
holder an opportunity to be heard. Notice of the hearing shall be
delivered to the holder not less than three days before the time of
said hearing.
E. Any violation of any provision of this regulation shall be punishable
by a fine consisting of no more than $300 for each day existing.
F. This regulation shall not apply to boarding and lodging houses or motels licensed under Chapter
140, Section 23 of the General Laws or establishments licensed under Chapter
140, Section 2 of the General Laws.
G. This may be enforced by an Eastham police officer, Health Agent,
or other designee.
If any provision of this regulation is declared invalid by a
court of competent jurisdiction, such invalidity shall not affect
any remaining provisions of this regulation. Any part of these regulations
subsequently invalidated by a new state law or modification of an
existing state law shall automatically be brought into conformity
with the new or amended law and shall be deemed to be effective immediately.