11 Interpretation of 105 CMR 410.180 11/1/85 ?> ea iSoacit
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November 1 , 1985
Bailee Walker, Jr.,Ph.O.,M.P.H.
COMMISSIONER
Peter J. McErlain
Health Agent
Board of Heaith
110 Main Street
Northampton, MA 01060
Dear Mr . McErlain:
Thank you for your letter in which you request an
interpretation of 105 CMR 410 . 180 . Specifically you wish to know
if the regulation which requires the owner of a dwelling to
'provide. . .a supply of water sufficient in quantity and pressure
to meet the ordinary needs of the occupant" means that the water
shall be paid for by the owner .
it is the opinion of this Department that concurrent with the
owner ' s need to supply water is the requirement that the owner
also pay for it . This is also true for 105 CMR 410 . 300 in
respect to the owner' s need to provide each dwelling with a
sanitary drainage system.
Throughout 105 CMR 410 .000: State Sanitary Code , Chapter
II : Minimum Standards of Fitness for Human Habitation it is
required that the owner provide various things such as plumbing
fixtures , barrels, security devices , etc. These items are
unquestionably to be supplied by the owner, at the cost of the
owner . For those items which are the responsibility of the
occupant, the code states specifically that the occupant "shall
provide" or the occupant "shall maintain" . There is a third
category of responsibility noted in Chapter II whereby the
responsibility can rest with either the owner or the occupant.
Where there is an option, such as supplying heating fuel or a
stove, the responsibility must be assigned to the tenant by way
of a written Letting agreement.
in summary, whereas Chapter II requires that the owner, not
the occupant, supply potable water and there is no option to
transfer this responsibility to the tenant, the owner is
responsible for the water bill.
NOV rat LTfilrir
51985
NORTHAMPTON BOARD OF HEALTH
owl
If you have any further questions please feel free to contact
this office.
HSW/ch
cc: D.H.O. ' s
Sincerely,
Howard S. Wensley, Director
Division of Community Sanitation