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11 Interpretation of 105 CMR 410.180 11/1/85 ?> ea iSoacit e. ripe aitancun Jmeiviceo qo j 150 Eriwitnowt Aw,ee ✓dorm 02911 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