Introduction
The Leominster Board of Health is charged with the
responsibility of ensuring that area housing meets a minimum
standard of fitness and that residents of our community will
have access to decent, safe and sanitary housing.
The Leominster Board of Health staffs two full-time Code
Enforcement Inspectors.
One of these staff positions is fully funded through a grant
from the United States Department of Housing and Urban
Developments’ Community Development Block Grant Program. The HUD
funded position requires that inspector to work only in areas
that will benefit extremely low, low and moderate-income
households.
The function of the Code Enforcement Inspector is to respond to
complaints and requests for inspections where violations of the
housing code are believed to exist in renter occupied and owner
occupied single and multi-family dwellings, rooming/boarding
houses and hotels/motels throughout the City of Leominster.
These inspections determine if the dwelling unit complies with
the Massachusetts State Sanitary Code, Chapter II – Minimum
Standards of Fitness for Human Habitation. This code provides a
set of standards that are designed to help determine if a
dwelling is fit for human habitation.
Some examples of what these comprehensive inspections include:
• Kitchen Facilities
• Space and Use
• Bathroom Facilities
• Potable Water
• Hot Water
• Lighting and Electrical Facilities
• Ventilation
• Sewage Disposal
• Plumbing
• Asbestos
• Space and Use
• Temporary Housing
• Exits
• Security
• Smoke Detectors
• Maintenance of Structural Elements
• Lead Paint
• Insects and Rodents
• Garbage and Rubbish
Enforcement of the minimum standards includes enforcement of
certain sections of additional State of Massachusetts codes that
apply to housing including:
• Massachusetts State Plumbing Code (248 CMR 2.00)
• Massachusetts State Fuel Gas Code (248 CMR 4.00-8.00)
• Massachusetts State Electrical Code (527CMR 12.00)
• Massachusetts State Building Code (780 CMR 1.00-22.00)
• Massachusetts State Regulations for Lead Poisoning Prevention
and Control (105 CMR 460.000)
• Minimum Standards for Sewage Disposal Systems (State
Environmental Code, Title 5, 310 CMR 15.00)
After an inspection, all violations are reported to the property
owner and the occupant. The property owner is issued an order to
correct the violations and is given a time frame in which to
bring the property into compliance. The inspector will conduct
re-inspections to determine that all violations have been
corrected. If the property owner fails to obey the order, the
Board of Health initiates judicial proceedings or levies fines.
Very often property owners are unaware that housing code
violations exist on their property or they do not realize that
an existing condition constitutes a code violation. Often an
order to correct violations is the first contact a property
owner has with the local board of health. The housing inspectors
will work closely with property owners assisting in any way
appropriate to facilitate the owner’s compliance with the State
Sanitary Code.
Please be advised that housing inspectors cannot give referrals
or recommendations for contractors or companies.
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What's New
1. New Carbon Monoxide Detector
Requirements
In November 2005 the Massachusetts Legislature passed “Nicole’s
Law,” which requires smoke detectors and carbon-monoxide
detectors in all residential properties, following a tragic
accident in Plymouth.
All residential properties must have working smoke detectors on
all levels. 1 and 2 family homes built prior to 1975 may utilize
battery-operated smoke detectors; the State Building Code
requires hard-wired, interconnected smoke detectors on all newer
properties. 3 to 5 family apartment houses may have
battery-operated smoke detectors outside the sleeping areas, but
require hard-wired interconnected smoke detectors in all common
areas. Apartment buildings with greater than 6 or more dwelling
units require a full fire alarm system with a control panel.
All residential properties that have fossil-fuel burning
equipment or an attached garage must have working carbon
monoxide protection. A detector is required within ten feet of
each bedroom door, and one on each habitable level. Generally,
unfinished basements and attics do not require carbon monoxide
detectors. Battery operated, wall plug-in (with battery
back-up), hardwired (with battery back-up) or wireless detectors
are allowed by the Fire Safety Code. If you choose to install
combination smoke and carbon monoxide detectors, the Code
requires that they signal with a voice-type alarm and that any
unit installed within 20 feet of a kitchen or bathroom utilize
photo-electric type smoke detection. Carbon monoxide detectors
do not go inside garages, but must be installed within the
adjacent living space.
The law requires that landlords install, maintain and test these
detectors within their tenants’ units; the law also provides
penalties for any person who tampers with these life safety
devices.
Smoke detectors have greatly reduced the occurrence of fire
deaths and injuries over the past twenty-five years; Nicole’s
law was passed to protect us all from the dangers of
carbon-monoxide poisoning. Please install these required life
safety devices in your property without delay.
2. Submetering of Water & Sewer relative
to 105 CMR 410.000
On December 16, 2004, the Governor signed Chapter 417 of the
Acts of 2004, entitled An Act Authorizing Water Submetering in
Residential Tenancies (hereafter referred to as the "Act"). This
Act became effective March 16, 2005. The Act, codified as M.G.L.
c. 186, §22, authorizes landlords of residential property to
separately charge tenants for actual water and sewer service
costs provided that all of the comprehensive requirements of the
Act are met. Among its many specific provisions, the Act:
• Prohibits water submetering unless the dwelling unit is
separately submetered or, for single-family rentals, the water
usage is under the complete control of the tenant, to ensure
that tenants are only charged for water actually used;
• Requires landlords to have licensed plumbers install any water
submetering devices at the expense of the landlord;
• Requires landlords to certify in writing to the local Board of
Health that the dwelling unit is in compliance with the
requirements of the Act prior to separately charging for water
or sewer service and to have a written agreement with tenants;
• Requires water conservation devices on all showerheads, sinks
and toilets, at the landlord's expense, prior to separately
charging for water or sewer service;
• Permits water submetering only in new tenancies created after
the effective date of the Act, except that water submetering is
not permitted in public housing dwelling units;
• Provides a process for tenants to report leaks, contest bills,
and question the accuracy of water submeters and to only pay for
water costs resulting from actual use;
• Requires landlords to remain as the water company customer and
to be responsible for payment of water supplied by the water
company;
• Prohibits landlords from shutting off water to a residential
dwelling for non-payment of water or sewer costs but permits
landlords to pursue all other legal remedies to collect bills,
including deducting unpaid bills from security deposits;
• Authorizes the Department of Public Health to promulgate such
additional regulations to the state sanitary code as it
determines to be necessary to implement this section.
The Community Sanitation Program is in the process of placing
the certification form and revised regulations on our website,
http://www.mass.gov/dph/dcs/dcs.htm. A copy of M.G.L.
c. 186, §22 may be downloaded by visiting,
http://www.mass.gov/legis/laws/mgl/186-22.htm.
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Asbestos
Asbestos is a mineral fiber that has historically been used in a
variety of building construction materials for insulation and as
a fire-retardant.
Asbestos has been known to man for centuries. The ancient Greeks
used asbestos in their cloth and Romans used it in their
building materials. In the United States, asbestos became
popular in the early 1900s because it is strong, insulates well,
and resists fire and corrosion. During the 1960s, evidence
emerged indicating that asbestos fibers were a dangerous health
hazard and by the 1970s the federal government began to take
action by instituting laws and regulations about the use,
abatement and disposal of asbestos. Today, asbestos is most
commonly found in older homes in the pipe and furnace insulation
material, siding, shingles, millboard, and floor tile.
Elevated concentrations of airborne asbestos can occur after
materials containing asbestos are disturbed by cutting, sanding
or other remodeling activities. Improper attempts to remove
these materials can release asbestos fibers into the air in
homes, increasing asbestos levels and endangering people living
in those homes.
The most dangerous asbestos fibers are too small to be visible.
After they are inhaled, they can remain and accumulate in the
lungs. Asbestos can cause lung cancer, mesothelioma (a cancer of
the chest and abdominal linings), and asbestosis (irreversible
lung scarring that can be fatal). Symptoms of these diseases do
not show up until many years after exposure.
Do not panic if you think you have asbestos in your home.
Generally, material in good condition will not release asbestos
fiber. There is no danger unless fibers are released and inhaled
into the lungs. Do not remove, cut, rip, or sand
asbestos-containing materials!
Property owners in Massachusetts are obligated by law to
maintain all asbestos material in good repair and free from any
defects including, but not limited to: holes, cracks, tears or
any looseness that may allow the release of asbestos dust, or
any powdered, crumbled or pulverized asbestos material.
Abatement of asbestos in Massachusetts is strictly regulated and
must be conducted by a licensed asbestos removal contractor. All
abatement must be in accordance with the regulations of the
Department of Environmental Protection (DEP) appearing at 310
CMR 7.00 and in accordance with the regulations of the
Department of Labor and Workforce Development (DLWD) appearing
at 453 CMR 6.00 and with any other applicable statutes and
regulations. Property owners who conduct unauthorized asbestos
removal are subject to large fines from state and federal
departments.
In some cases, property owners can handle asbestos siding,
roofing and tiles. However, even in this case, DEP notification
and authorization is required before beginning any work and DEP
guidelines must be strictly followed.
You can find information about licensing, notification, laws,
regulations, and health through the following links.
Department of Environmental Protection – State And Federal
regulations, general information.
http://www.mass.gov/dep/
Division of Occupational Safety – Asbestos in schools,
occupational exposure, licensing, certification, applications,
forms
http://www.state.ma.us/dos/
Environmental Protection Agency – General information,
vermiculite, asbestos in your home, resources
http://www.epa.gov/oppt/asbestos/
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Certificate of Fitness
Upon request, the Leominster Board of Health will issue a
Certificate of Fitness for any rental dwelling unit.
A State Sanitary Code inspection will be conducted by the
Leominster Health Department after a request for a Certificate
of Fitness is received.
If the premises, having no violations, meets the requirements of
the State Sanitary Code, a Certificate of Fitness will be issued
within ten (10) days after the inspection.
The Certificate of Fitness will be issued to the property owner
and signed by the Director of Public Health or Code Enforcement
Inspector employed by the Leominster Board of Health.
If the premises are in violation of the State Sanitary Code, the
landlord will receive the inspector’s report listing the
violations. If the dwelling is occupied, a time within which the
violations must be corrected will be listed in accordance with
Massachusetts State Sanitary Code.
No Certificate of Fitness will be issued until such time as all
violations are corrected to the inspector’s satisfaction. No
Certificate of Fitness will be issued until such time as the
owner has completed a Landlord Registration Form.
The Director of Public Health shall charge a fee to the landlord
for the issuance of a Certificate of Fitness in an amount to be
determined by the Board of Health. This fee shall be paid before
the inspection is conducted.
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Hoarding
Housing inspectors are often called to homes that are filled
from top to bottom with an excessive number of belongings or an
overabundance of animals. In some cases, the home is filled with
both things and animals. The accumulations are often so great
that it is impossible to walk in the home. This little
understood phenomenon is referred to as “hoarding”. The requests
for inspections at these homes are most often received from the
Police Department, Fire Department, concerned family members,
landlords or social service agencies.
Hoarding is the collecting of and failure to discard large
numbers of things or animals until it interferes with day-to-day
functions. Animal hoarding has the added symptom of the fact
that there are such a large number of animals the hoarder cannot
provide acceptable care. Hoarding often causes health and safety
hazards. Huge piles of newspapers, clothes and food serve as a
harborage for rodents and insects and present a fire safety
hazard to the occupant and the general public. Blocked egresses
hinder entry by emergency responders and the ability of the
occupant to exit in case of crisis. Floors can buckle from the
weight and combustibles can ignite. In addition, the occupant is
in danger of falling or of respiratory illness from problem
indoor air quality. Hoarding of animals presents additional
health risks from diseases transmitted animal to human and
extreme air quality problems such as environmental ammonia.
Little is known of the causes of hoarding, but there is a great
deal of research being done to more clearly define the
phenomenon. Many experts believe it is a type of
obsessive-compulsive disorder although it is seen in conjunction
with a variety of illnesses and is therefore difficult to place
in a diagnostic category. Although the reason is not understood,
it is estimated that the elderly represent the majority of
people who hoard.
The following will link you to a web site with information about
animal hoarding:
The Hoarding of Animals Research Consortium
http://www.tufts.edu/vet/cfa/hoarding/index.html
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Housing Codes
Housing inspections are conducted and enforcement procedures
followed to comply with the Code of Massachusetts Regulations at
105 CMR 400.00 State Sanitary Code I: General Administrative
Procedures and 410.00 State Sanitary Code II: Minimum Standards
for Human Habitation.
The purposes of the code are to protect the health, safety and
well-being of the occupants of housing and the general public,
to facilitate the use of legal remedies available to occupants
of substandard housing, to assist boards of health in their
enforcement of the code and to provide a method of notifying
interested parties of violations of conditions which require
immediate attention.
The following links will take you to a Massachusetts Department
of Public Health web site where you will find the State Sanitary
Code.
State Sanitary Code
Chapter I – General Administrative Procedures
http://www.state.ma.us/dph/dcs/codech1.pdf
Chapter II – Minimum Standards of Fitness for Human Habitation
http://www.state.ma.us/dph/dcs/cmr410_6_02.pdf
Safe and Sanitary Housing for Massachusetts Residents – A
summary of the code.
http://www.state.ma.us/sec/cis/cissfsn/sfsnidx.htm
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Landlord Registration
The owner of any residential rental property must provide all
ownership and management information relative to the rental
property to the Leominster Board of Health by completing the
Landlord Registration Form.
The owner must notify the Leominster Board of Health, in
writing, of any changes of information listed on the Landlord
Registration Form.
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Lead Paint
Lead paint is a natural heavy metal found in both the natural
and human environment. Lead is commonly found in paint, dust,
soil, water, food, certain occupations and hobbies, as well as
cosmetics and medicines. Lead gets absorbed into the system,
enters the blood stream and is circulated throughout the human
body. Lead poisoning may directly affect the blood stream,
liver, kidneys, nervous system, bones, reproductive system, and
brain, where it may impair the development of hearing and
speech. Although extremely high levels are rare, they can result
in convulsions, coma, or death. Lead paint determinations are
conducted under State Sanitary Code inspections when a child
under the age of six resides in the unit and with the parents
consent.
Department of Public Health
Childhood Lead Poisoning Prevention Program
http://www.state.ma.us/dph/clppp/clppp.htm
Department of Public Health
http://www.state.ma.us/dph/beha/beha.htm
Mass Housing
http://www.masshousing.com/
Environmental Protection Agency
http://www.epa.gov/opptintr/lead/index.html
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Laws and Regulations
During the course of their work, housing inspectors often
encounter tenants and landlords in dispute over rental payments,
evictions, discrimination, housing conditions and even personal
injury.
Housing inspectors are not equipped to give legal advice. The
laws are very complex and anyone seeking advice for housing
issues is best served by working with a knowledgeable attorney.
There are numerous resources available in Massachusetts to
people of all income levels.
Below is a list of and links to legal resources. Also following
are links to laws and regulations under which Massachusetts
boards of health function.
Check your Yellow Pages for local attorneys.
Legal Assistance Corporation of Central Massachusetts
405 Main Street
Worcester, MA 01608
(800) 649-3718
(508) 752-3718
Massachusetts Justice Project
http://www.neighborhoodlaw.org/perl/user.cgi?rm=program_details&program=MJP/
Housing Discrimination Project, Inc.
57 Suffolk Street
Holyoke, MA 01040
(800) 675-7309
(413) 539-9796
(508) 799-7496
Lawyer Referral Service of the Massachusetts Bar Association
http://www.massbar.org/lawhelp/need_lawyer/
Legal Remedies for Tenants of Residential Housing
http://www.mass.gov/Eeohhs2/docs/dph/environmental/sanitation/hsg_legal_remedies.pdf
Worcester County Housing Court
http://www.mass.gov/courts/courtsandjudges/courts/worcesterhousingmain.html
Massachusetts Trial Court Law Libraries
http://www.lawlib.state.ma.us/
Massachusetts General Laws
http://www.state.ma.us/legis/laws/mgl/
Code of Massachusetts Regulations
http://www.lawlib.state.ma.us/cmr.html
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Mold
Molds are fungi and grow throughout the natural and built
environment. Mold only needs a few simple things to grow and
multiply:
● Moisture
● Nutrients
● Suitable place to grow
Of these, controlling excess moisture is the key to preventing
and stopping indoor mold growth.
Mold should not be permitted to grow and multiply indoors. When
this happens, health problems can occur and building materials,
goods and furnishings may be damaged.
The most common health problems caused by indoor mold are
allergy symptoms. Although other and more serious problems can
occur, people exposed to mold commonly report problems such as:
● nasal and sinus congestion
● cough
● wheeze/breathing difficulties
● sore throat
● skin and eye irritation
● upper respiratory infections (including sinus)
The following types of people may be affected more severely and
sooner than others:
● infants and children
● elderly people
● individuals with respiratory conditions or sensitivities such
as allergies and asthma
● persons having weakened immune systems (for example, people
with HIV infection, chemotherapy patients, organ transplant
recipients)
Department of Public Health
http://www.state.ma.us/dph/beha/beha.htm
Environmental Protection Agency
http://www.epa.gov/iaq/molds/
Guidelines on Assessment Remediation of Fungi in Indoor
Environments
http://www.moldinspector.com/nyc_mold_guidelines.htm
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Pest and Pesticide Use
Housing inspectors receive complaint calls about every sort of
pest -- from bats to centipedes. Some tenants, who have fear of
certain pests such as spiders, expect their landlord to
exterminate everything. In most cases housing inspectors will
not order the landlord to exterminate spiders, centipedes,
silver fish, lady bugs, meal moths, common household ants in
average numbers, or fleas if caused by tenants’ pets. The
housing inspector will instruct the tenant how they might manage
the problem themselves. Property owners will always be required
to exterminate cockroaches, termites, carpenter ants, bees,
wasps, rats, mice, bats, raccoons, skunks, and squirrels in
buildings where there are two or more units.
If the building contains one dwelling unit, the occupant is
responsible to maintain the dwelling unit free from rodent,
pest, and insect infestation and is responsible for any
extermination.
If the building contains two or more units or is a rooming
house, the property owner is responsible to keep the premises
free from all rodent, pest, and insect infestation and is
responsible for any extermination.
It is important for property owners to be familiar with the
applicable laws and regulations relative to pesticide use as set
by the Department of Food and Agriculture’s Pesticide Board in
333 CMR 13.00.
The Massachusetts Pesticide Control Act requires that all
applicators in public and private places used for human
habitation be licensed or certified. Residential properties with
three or fewer apartments are exempt from this requirement.
Workers who must be licensed to apply pesticides include, but
are not limited to: landlords, apartment building maintenance
staff, office building grounds keepers, golf course
superintendents, the staff or janitors of restaurants, schools,
town halls, etc. Individuals using general (over the counter)
pesticides must at a minimum obtain an Applicator License. Those
needing to use State or Federally Restricted pesticides
(available only from licensed dealers) must become certified.
The law not only covers chemicals used to control insects but
also many other chemicals that are not generally thought of as
pesticides. For example, a groundskeeper using a fungicide on
the grass, or a weed and feed fertilizer herbicide mix, or an
herbicide to control poison ivy must be licensed. Even spraying
for bees requires a license. As a rule of thumb, if you are
using chemicals to kill living things, you must be licensed.
Applications of disinfectants, algaecides, antimicrobials,
paints, stains, wood preservatives, enclosed baits, and traps
are exempt from the Pesticide Board Standards for Application at
333 CMR 13.00.
Of special importance is the regulation obligating pesticide
applicators or their employers to give at least 48 hours
pre-notification to occupants of all residential units prior to
any routine commercial application of pesticides for the control
of indoor household or structural indoor pests. The intent of
notification is that individuals who must, or wish to, avoid
exposure to the chemicals can make necessary arrangements. In
addition, it gives the individual time to take precautions for
sensitive individuals such as children, elderly citizens,
pregnant women, and those with health problems. Notification
will give occupants time to protect food, dishes, utensils,
toys, medicines and pets.
You can obtain all the information about certification and
licensing and pesticide use from the Massachusetts Department of
Agricultural Resources Pesticide Bureau.
http://www.state.ma.us/dfa/pesticides/
Massachusetts Department of Food and Agriculture Phone (617)
626-1700
251 Causeway Street, Suite 500 Fax (617) 626-1850
Boston, MA 02114
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Radon
Radon is a cancer-causing radioactive gas. You cannot see,
smell, or taste radon but it may be a problem in your home. When
you breathe air-containing radon, you increase your risk of
getting lung cancer. Testing is the only way to know your home’s
radon levels. There are no immediate symptoms that will alert
you to the presence of radon. The Board of Health does not test
for radon.
Department of Public Health
http://www.state.ma.us/dph/rcp/
Environmental Protection Agency
http://www.epa.gov/iaq/radon/pubs/citguide.html
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