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11 BOH Interpretation Request 10/22/85 BOARD OF HEALTH JOHN T.JOYCE.Chairman PETER C.KENNY MD MICHAEL N.PARSONS PETER 1.McERLARL Health Agent CITY OF NORTHAMPTON MASSACHUSETTS 01060 Howard Wensley, Director Division of Community Sanitation Department of Public Health 600 Washington Street Room 770 Boston, MA 02111 OFFICE OF THE BOARD OF HEALTH October 22, 1985 210 MAIN STREET 01060 (410)586-6950 Ext.213 2' C'T '7 Re: Section 410.180 of 105CMR 410.000 Dear Mr. Wensley: The Northampton Board of Health herewith requests an interpretation of 105 CMR 410.180 (Potable Water). In requiring an owner to provide water for dwelling occupants, does Section 410.180 also require an owner to pay the water use (and sewer use) charges? The owner of a property in Northampton deducted water and sewer use charges ($113.38 for six months) from the tenants' security deposit when the tenants refused to pay those charges. The tenants, in turn, have requested that the Board of Health take action against the owner for violating provisions of Chap- ter II. Does this deduction of water and sewer use charges constitute a violation of Section 410.180? Your written opinion on this matter would be appreciated. Thank you, in advance, for your assistance. Very truly yours, Peter J. McErlain Health Agent PJMc:mr