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 agent, prior to being reoccupied
by a new occupant, as meeting the standards set forth in the Sanitary Code,
Article 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. However,
regardless of the number of occupancy changes during any twelve-month period,
one such certification shall be sufficient for such twelve-month period.
After inspection of the vacant premises by the Board of Health or its
agent, all public utilities servicing said vacant premises may be ordered
turned off by the Board of Health or its agent until such dwelling unit, apartment
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 agent fails to make an
inspection, then the rented dwelling unit, apartment or tenement may be reoccupied
without such certification.
If, after inspection of the premises by the Board of Health or its agent,
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 not to exceed 30 days.
Before any public utilities are ordered shut off, the Board of Health
shall give three days' notice in writing to the owner, managing agent
or person in control of the vacant premises that such action is to be taken.
This regulation shall not apply to new construction which is in compliance
with the General Laws of the Commonwealth of Massachusetts and local regulations
pertaining thereto; nor shall it apply to new construction which was completed
less than five years prior to the date on which the rented dwelling unit,
apartment or tenement becomes vacant.
Any owner of such property used for dwelling purposes failing to comply
with this regulation may pay a fine as provided in MGL C. 111, § 31,
each and every day he allows any person or persons to live, occupy or inhabit
the said premises without having received an occupancy permit from the Board
of Health.