Public Notice

Revised Board of Health Regulations

 

At their regularly scheduled meeting of April 2, 2009, the Board of Health voted 5-0-0 to approve the following revised regulations.  Fees specified in these regulations were approved by the Board of Selectmen on April 21, 2009 by a vote of 4-1-0.

 

PART VII – LOCAL TITLE 5 SUPPLEMENTS

 

ARTICLE 9 – Definitions

 

Revised December 16, 2004

Revised April 2, 2009

 

Bedroom:  Portion of a dwelling as so defined to furnish minimum isolation necessary for use as a sleeping area, which includes but is not necessarily limited to a bedroom, den, study, sewing room, sleeping loft, dining room or enclosed porch, but does not include kitchen, bath, hall or unfinished cellar or attic.  A bedroom must provide a minimum of 70 square feet of floor space with a head room of 7’ or more and at least one window which conforms with the most current requirements of 780 CMR-Mass State Building Code for an emergency egress window.  There must be a minimum of one electrical outlet.  All bedrooms shall have finished walls and ceilings.  A room that must be walked through in order to reach an another room (other than a bathroom) will not be considered to have the minimum isolation necessary to be considered a bedroom.  For new construction or remodeling, in order for a room not to be considered a bedroom there must be a minimum 6’ opening into any other room.  Dwellings built prior to the 1978 Building Code may have their bedrooms determined on a case by case basis by the Board of Health.

 

Sleeping Loft:  In order for a loft to be considered as a bedroom the following minimum standards must be met:

1.      The above referenced criteria defining a bedroom.

2.      A solid privacy wall of at least 3’ in height.

3.      Access other than a ladder and which complies with current building codes.

4.      Any loft that does not meet the above criteria shall not be used for sleeping purposes.

 

Change of Use:  Shall include but not be limited to an increase, decrease, alteration or extension within the existing use group; also defined as a transfer to another use group.  The term increase is defined as: expansion of any structure that would increase its interior floor space by more than 50 square feet.

 

PART XIV – HABITATIONS FOR RENT

 

Approved April 2, 2009

 

The Provincetown Board of Health promulgates the following regulation under 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation, adopted under authority of M.G.L. c. 111, Sections 3 and 127A.

 

Purpose

 

The purpose of the regulation is to protect the public health, safety and welfare of both the general public and the occupants of all rental housing units, including but not limited to year round, seasonal and weekly rentals.

 

ARTICLE 1– RENTAL CERTIFICATE OF REGISTRATION

 

No property owner of record shall rent or lease, or offer to rent or lease, or cause to rent or lease any building or any portion of a building to be used for human habitation without first obtaining a Rental Certification of Registration from the Board of Health.  The health agent/inspector shall determine the number of persons each rental unit may lawfully accommodate under provisions of 105 CMR 410.000. 

 

Section 1.  Inspection of Rental Units

 

Upon registration and every third year thereafter, the health agent/inspector or other town official so designated by the Board of Health, shall inspect all rental units.  The owner or owner’s representative or property manager must be present during the inspection.

 

In addition to determining occupancy, the health agent/inspector will require:

1.      Smoke and carbon monoxide detectors and emergency lighting (if applicable) must be in compliance with Massachusetts Fire Safety laws.  Functional fire extinguishers shall be provided in the kitchen.

2.      General cleanliness.

3.      Clear egresses.

4.      Electrical panels properly labeled.

5.      Proper trash receptacles and recycling bins must be provided and the rubbish hauler pick-up schedule posted as well as the hours of operation and location of the Provincetown transfer station.

6.      Street number and unit number must be posted on the outside of the building.

7.      The premise conforms to the requirements of 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation.

 

Section 2.  Maintenance Requirements

 

The registered premises shall be maintained in a clean and sanitary condition and free from garbage, rubbish or other refuse.  The owner of the premises shall immediately correct any condition caused by or on such premises or its appurtenance which affects the health or safety and well being of the occupants of any or of the general public.

 

The owner of the premises shall maintain the foundation, floors, walls, doors, windows, ceilings, roof, staircases, porches, chimneys and other structural elements of the premises so that it excludes wind, rain and snow and is rodent-proof, watertight and free from chronic dampness, weather-tight, in good repair and in every way fit for the use intended.  Further, he shall maintain every structural element free from holes, cracks, loose plaster or defect where such holes, cracks, loose plaster or defect renders the area difficult to keep clean or constitutes an accident hazard or an insect or rodent harborage.

 

The registered premises shall be maintained in accordance with the provisions of the State Sanitary Code, and every other applicable General Law, regulation or by-law intended to protect public health, safety and/or the environment

 

No owner or manager shall permit the registered premises to be occupied by more than the number of persons specified on the Rental Certification at any one time.

Section 3.  Maximum Occupancy

 

Maximum occupancy of the dwelling unit and for each bedroom shall be determined by the health agent/inspector at the time of the original inspection.  Maximum occupancy shall be based on State Sanitary Code 105 CMR 410.400 Minimum Square Footage which states the following:

1.      Every dwelling unit shall contain at least 150 square feet of floor space for its first occupant, and at least 100 square feet of  floor space for each additional occupant, the floor space to be calculated on the basis of total habitable room area.

2.      In a dwelling unit, every room occupied for sleeping purposes by on occupant shall contain at least 70 square feet of floor space; every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each additional occupant.

 

Section 4.  Representative to Act in Owners Absence

 

Every property owner who offers living accommodations for rent or lease, shall make available to the tenant, in the event of the owners absence, the name and contact information of a representative authorized to act on the owners behalf in the case of an emergency which endangers the property or threatens the welfare of any person living in or on the premises.

 

Section 5.  Definition of an Emergency

 

An emergency is defined as a violation of any health and/or safety code or law enforceable by a town authority including, but not limited to, the health agent/inspector, building inspector, fire inspector, wiring inspector, plumbing inspector or any police official.  Failure to provide the services of a competent person to act in an emergency shall be deemed sufficient cause, upon written notification from a town authority, for a fine and/or revocation and/or suspension of the Rental Certificate for the property in which the violation occurs and for all other properties for which the same owner holds a Rental Certificate.

 

Section 6.  Posting of Rental Certificate of Registration

 

The Rental Certification of Registration (“certificate”) required by this regulation shall be conspicuously posted within the registered premises.

 

Such posting shall indicate the number of bedrooms and the number of persons said dwelling unit, or portion thereof, may lawfully accommodate.

 

All contact information for the Owner or the owner’s representative/property manager including, but not limited to, telephone numbers, mailing address and e-mail address shall be provided to the tenant.  Where the owner is a realty trust or partnership, the contact information for the managing trustee or partner shall be posted.  In the event that the owner is a corporation, the contact information for the president of the corporation shall be posted.

 

Section 7.  Complaints

 

All rental units are subject to inspection upon complaint or request in accordance with 105 CMR 410.820.  Issuance of the Rental Certificate does not preclude the tenants right to file a complaint with the health agent/inspector; to which he or she must respond with an inspection in compliance with 105 CMR 410.000. This may result in additional requirements of compliance to be issued.

 

Section 8.  Rental Certificate Registration fees

 

All Rental Certificates must be renewed every three (3) years and an inspection conducted in accordance with the following fee schedule (No fee for deed restricted affordable housing):

 

Initial Registration & Renewal Certificate with Inspection…….…. $120.00

 

(For owners with more than one rental unit per property location the fee will be $120.00 for the first unit and $50.00 for each unit thereafter provided all units can be inspected during one visit to the property.)

 

Section 9.  Revocation or Suspension of Rental Certificate

 

The Board of Health may suspend or revoke any Rental Certification, after a hearing and in accordance with the procedures set forth in 105 CMR 410.830-410.860, for any violation of any provision of this regulation, the State Sanitary Code, or any other applicable General Law, regulation or by-law intended to protect public health, safety and/or the environment.

 

If any rental certificate is suspended or revoked, the owner and manager of the premises shall be responsible for finding alternative and comparable housing for the tenant until such time as the tenancy ends or the rental certificate is reinstated.

 

The Board of Health may enforce the Regulation or enjoin violations thereof through any lawful process; and the election of one remedy by the Board of Health shall not preclude enforcement through any other lawful means.

 

Section 10.  Fines and Penalties

 

Any agent of the Board of Health may enforce this regulation.

 

Whoever violates any provision of this regulation may be penalized by a non criminal disposition process as provided in G.L. c.40, §21D and the Town’s non-criminal disposition by-law.  If non criminal disposition is elected, then any person who violates any provision of this regulation shall be subject to the penalties set forth below, commencing ten days following day of receipt of written notice from the Board of Health.  Each day or portion thereof shall constitute a separate offense.  If more than one, each condition violated shall constitute a separate offense.

 

The following fines will be levied for non-compliance with this regulation and any notice to correct.  This schedule of fines is in accordance with the Provincetown General By-Laws Schedule A:

 

            1st offense                                          $100.00

            2nd offense                                         $200.00

            3rd offense, and all there after          $300.00

 

Each day a violation exists constitutes a separate offense.

 

Section 11. Liability

 

The issuance of a Rental Certificate shall in no way imply liability or responsibility on the part of the Town of Provincetown for any claim, injury, damages, costs or expenses that may arise in connection with the use or occupancy of the subject premises.

 

Section 12.  Severability

 

If any provision of these regulations is declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force and effect.

Section 13.  Operation and Effect

This Regulation shall become effective upon publication pursuant to G.L c. 111, §31.

 

Duane Gregory, Chairman

Board of Health

 

Posted:  Town Hall, www.provincetown-ma.gov : April 22, 2009 2:35 pm dj

 

Published: Provincetown Banner: April 30, 2009