Cal. Civ. Code § 410.010

Definitions

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 9/30/2026MassachusettsHabitability & Repair

Operative Text

Cal. Civ. Code § 410.010
Affected Person(s) means the occupants if the person responsible for correcting the violation is
           the owner, and the owner if the person responsible for correcting the violation is the occupant
           of any residence on which an order to correct has been served.

           Alternative Housing means a single family, owner-occupied residence, whether mobile or
           permanent, that is approved by the board of health pursuant to 105 CMR 410.710 to alter
           standards set forth in 105 CMR 410.000 for heating, plumbing, electrical, and sanitary facilities
           and minimum square footage requirements in order to reduce energy use or environmental
           impact.

           Asbestos means:
              (1) Chrysotile, amosite, crocidolite; or
              (2) In fibrous form, tremolite-asbestos, anthophyllite-asbestos, or actinolite-asbestos.

           Asbestos-containing Material (ACM) means any material containing 1% or more asbestos as
           determined by a laboratory using protocols set forth in the "Method for the Determination of
           Asbestos in Bulk Building Materials" found in EPA report EPA/600/R-93/116, or another
           method as directed by the Massachusetts Department of Environmental Protection.
           Asbestos-containing Material (ACM) includes, but is not limited to, sprayed-on and troweled-on
           materials applied to ceilings, walls, and other surfaces; insulation on pipes, boilers, tanks, ducts,
           and other equipment, structural and non-structural members; tiles; asphalt roofing or siding
           materials; or asbestos-containing paper.

Bed and Breakfast Establishment means a private owner-occupied house where rooms are rented
          and a breakfast is included in the rent, and all accommodations are reserved in advance.

          Board of Health means a municipal board of health, a municipal health department, other
          municipal entity when acting under local authority to enforce 105 CMR 410.000, a regional
          health district, or any other legally constituted city, town, or county governmental unit within the
          Commonwealth serving as a public health agency, as established under M.G.L. c. 41, § 1, or
          M.G.L. c. 111, §§ 26, 26A, 27A or 27B, or its authorized agent or representative under M.G.L. c.
          111, § 30.

          Building and Structural Elements means any component of a residence including, but not limited
          to, the foundation, floors, walls, doors, windows, ceilings, roofs, gutters, soffits, siding,
          staircases, porches, decks, and chimneys.

          Bulk Items means waste items which because of size or weight are not collected as part of
          routine household refuse collection and have been designated by the local community through
          rules and regulations to require specific disposal procedures. Bulk items may include, but are not
          limited to, mattresses, large appliances, furniture, large auto parts, stumps, and trees, as well as
          large branches or brush that exceeds local size restrictions for yard waste collection.

          Chemical Toilet means a self-contained toilet where material is held in a sealed tank, containing
          chemicals and deodorizers, and which is emptied on a periodic basis.

          Compliance with Accepted Standards means meeting all the requirements of 105 CMR 410.000
          and correcting any violation of 105 CMR 410.000 in a work person-like manner and in
          accordance with accepted building, plumbing, heating, gas fitting, electrical wiring standards,
          or advisories issued by the Department, so that the residence or cited item or component is
          returned to its intended function or use. Materials and equipment shall be appropriate for the use
          intended and affected areas shall be left in a properly cleaned condition. When licenses or
          permits are required to perform the work necessary to correct the violation including, but not
          limited to, building, plumbing, wiring/electrical, heating, gas fitting, asbestos removal,
          lead-based paint abatement, and elimination of pests, compliance shall also mean that such
          licenses and permits have been obtained and that any conditions or requirements imposed by
          such licenses and permits have been met.

          Compostable Material means an organic material excluding waste water treatment residuals
          which has the potential to be composted and which is presorted and is not contaminated by
          significant amounts of toxic substances, as those terms are or may be defined by 310 CMR
          19.00: Solid Waste Management.

          Composting means a process of accelerated biodegradation and stabilization of organic material
          under controlled conditions yielding a product which can safely be used, as those terms are or
          may be defined by 310 CMR 19.00: Solid Waste Management.

          A Condition Making a Unit Unfit for Human Habitation means a condition meeting the standard
          set forth in M.G.L. c 111, §§ 127A and 127B under which a board of health may justify closing
          down, securing, condemning, or demolishing a residence. It shall mean a violation which poses
          such immediate harm or threat of harm to an occupant or to the public that other legal remedies
          cannot be reasonably expected to bring about removal of the condition with sufficient speed to
          prevent the serious harm or injury to the occupants or to the public.

          A Condition Which May Endanger or Materially Impair the Health or Safety and/or Wellbeing
          of an Occupant means the existence of a condition, listed in 105 CMR 410.630 or any other
          condition so certified by the board of health to be a violation, which may expose or subject a
          person or persons to harm, or may materially impair the health, safety, or the well-being of an
          occupant or the public.

Condominium means the land or the lessee's interest in any lease of such land which is submitted
          pursuant to M.G.L. c. 183A, the building or buildings, all other improvements and structures
          thereon, and all easements, rights and appurtenances belonging thereto, which have been
          submitted pursuant to M.G.L. c. 183A.

          Department means the Massachusetts Department of Public Health.

          Dwelling Unit means the room or group of rooms within a residence used or intended for use by
          an individual, family, or household for living, sleeping, cooking, and eating, and other areas of
          which the occupant has exclusive use.

          Entry Door of a Dwelling Unit means any door of a dwelling unit which provides access to the
          common areas of the residence or access to the outside of the residence.

          Entry Door of a Residence means any door of a residence which provides access to the common
          areas of the residence from the exterior of the residence except that when there are two doors
          which enclose an entryway between the common areas of the residence and the exterior of the
          residence it shall mean either of the doors.

          Excess Moisture means the unwanted presence of moisture or water on permeable surfaces in
          a residence that occurs on a periodic, chronic or acute basis and presents a risk of mold growth.

          Exterior Openable Window means any window designed and installed to open to the outside of
          the residence.

          Exterminate means to eliminate pests.

          Fuel means the electricity or any combustible fuel such as oil, gas, coal, wood or biofuel pellets,
          or wood used in the provision of heat and/or hot water.

          Garbage means the animal, vegetable or other organic waste resulting from the handling,
          preparing, cooking, consumption or cultivation of food, and containers and cans which have
          contained food unless such containers and cans have been cleaned or prepared for recycling.

          Guard means a system of building components including, but not limited to, newel posts, upper
          and lower rails, and balusters, or solid construction.

          Habitable Room means every room or enclosed floor space used or intended to be used for
          living, sleeping, cooking, or eating purposes, excluding rooms containing toilets, bathtubs or
          showers and excluding laundries, pantries, foyers, communicating corridors, closets and storage
          spaces.

          Handrail means a horizontal or sloping rail intended for grasping by the hand for guidance or
          support.

           Heating System means:
             (1) A central furnace, boiler or device that heats air or water which is distributed through
             vents, ducts, pipes, or radiators;
             (2) A series of hard-wired electrical heaters or heating/air conditioning units permanently
             installed and secured to a structural element; or
             (3) Gas-fired kitchen stoves with factory installed heaters.

          Homeless Shelter means a residence operated by a service agency which provides temporary,
          overnight sleeping accommodations and offers transitional assistance to homeless individuals
          and families in need of permanent housing.

          Humus/Composting Toilet means a self-contained system, approved in accordance with
          310 CMR 15.000: The State Environmental Code, Title 5: Standard Requirements for the
          Siting, Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment and
          Disposal Systems and for the Transport and Disposal of Septage, consisting of a composter with
          a separate toilet fixture from which no liquid or solid waste materials are discharged to the
          surface or subsurface environment and from which a humus/compost-like end product is
          produced.

Incinerating Toilet means a self-contained waterless system that does not require connection to
          a sewer system or in ground septic system, except to dispose of graywater, approved in
          accordance with 248 CMR 10.00: Uniform State Plumbing Code.

          Manufactured Home means a structure, built in conformance to the National Manufactured
          Home Construction and Safety Standards which is transportable in one or more sections, which
          in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or,
          when erected on site, is 320 or more square feet, and which is built on a permanent chassis and
          designed to be used as a dwelling unit with or without a permanent foundation when connected
          to the required utilities, and includes the plumbing, heating, air conditioning, and electrical
          systems contained therein.

          Manufactured Housing Community means any lot or track of land upon which three or more
          manufactured homes occupied for dwelling purposes are located, including buildings, structures,
          fixtures and equipment used in connection with the manufactured home and licensed under
          M.G.L c. 140, § 32B.

          Means of Egress means a continuous and unobstructed path providing a route of exit from the
          interior of a dwelling unit or rooming unit to a public way.

          Mechanical Ventilation means a system designed to remove air from a room or space to the
          outdoors by using a fan or other mechanical means and to provide active or passive make up air.

          Natural Ventilation means air exchange provided by a non-mechanical means. Sources of
          natural ventilation include, but are not limited to, windows or doors in exterior walls that are
          intended to supply or remove air from any space.

          Occupant means any person living or sleeping in a residence.

          Occupant's Representative means any adult person designated and duly authorized to act on the
          occupant's behalf including, but not limited to, any person or group designee from a tenant's
          organization or other community group.

          Owner means every person who alone or severally with others:
            (1) Has legal title to any residence, or parcel of land, vacant or otherwise, including a
            manufactured housing community;
            (2) Has care, charge or control of any residence, or parcel of land, vacant or otherwise,
            including a manufactured housing community, in any capacity including, but not limited to,
            personal representative, agent, executor, executrix, administrator, administratrix, trustee or
            guardian of the estate of the holder of legal title;
            (3) Is a mortgagee in possession of any such property;
            (4) Is an agent, trustee or other person appointed by the courts and vested with possession
            or control of any such property; or
            (5) Is an officer or trustee of the association of unit owners of a condominium.

          Owner's Representative means any adult person designated and duly authorized to act on the
          owner's behalf to effect compliance with the provisions of 105 CMR 410.000.

          Person means every individual, partnership, corporation, firm, association, or group, including
          a city, town, county or other governmental unit, owning property or carrying on an activity
          regulated by 105 CMR 410.000.

          Pest means any of the following that may cause disease, injury or other health risk to humans or
          pets, or act as a disease vector, or cause damage to property:
              (1) Insects including, but not limited to, mosquitoes, bees, flies, ants, termites, cockroaches
              and bed bugs;

(2) Arachnids including, but not limited to, spiders, daddy long legs, scorpions, and ticks;
              (3) Rodents; or
              (4) Other unwanted animal life.

          Pest Infestation means the recurrent presence of pests.

          Potable Water means water from any source that has been approved by the Department of
          Environmental Protection or board of health.

          Provide means to supply and pay for.

          Recyclable means any type of refuse designated by the local community through rules,
          regulations, or policies to be separated for recycling.

          Refuse means discarded solid material resulting from household activities and shall include, but
          not be limited to, garbage, rubbish, recyclable materials, bulk items, or yard waste. Refuse shall
          not include items designated as household hazardous waste which require separate disposal.

          Residence means every building or structure used for, or intended for, human habitation and
          every other structure or condition located within the physical boundaries of the same lot.
          Residences include, but are not limited to, single or multi-unit structures, rooming houses,
          manufactured homes, homeless shelters, temporary housing, alternative housing, and
          condominiums.

          Rooming House means every residence or part thereof which contains one or more rooming units
          in which space is rented for compensation by the owner or operator to four or more persons not
          within the second degree of kindred to the person compensated, rental of which is based on a
          contractual agreement between owner and an individual or household for rent of a rooming unit
          and use of shared facilities. Rooming houses include, but are not limited to, boarding houses,
          hotels, motels, inns, lodging houses, bed and breakfast operations, dormitories, fraternity and
          sorority houses, hostels, and other similar residences.

          Rooming Unit means the room or group of rooms used for sleeping and living in a rooming
          house that are rented to an individual or household.

          Rubbish means waste materials including, but not limited to, such material as paper, rags,
          cartons, boxes, wood, rubber, leather, tin cans, metals, machine or machine parts, mineral matter,
          glass, plastic bags and containers, crockery, dust, and the residue from the burning of wood, coal,
          coke and other combustible materials. Rubbish does not include garbage, yard waste, recyclable
          material, or bulk items.

          Shared Facilities means facilities shared by more than one dwelling unit or rooming unit and
          placed so as not to require the passing through any part of another dwelling unit or rooming unit
          for access.

          Stairway means any group of stairs consisting of three or more risers.

          Temporary Emergency Shelter means any building, facility, or space therein designed and used
          primarily as a church or house of worship for religious services or instruction or related activities
          which is owned or operated by a religious organization and qualified for exemption under
          26 U.S.C. § 501(c)(3) that may, on occasion, provide temporary overnight accommodation to a
          limited number of individuals for a limited period of time.

Temporary Housing means any structure used for human habitation which is:
              (1) A mobile structure, including a tent, that is attached to the ground, to another structure,
              or to any utility system, on the same premises for less than 30 calendar days; or
              (2) A mobile or permanent structure that provides basic shelter and contains at least one
              habitable room for living, sleeping, eating, cooking or sanitation that is intended to be
              occupied by a single family or household for intermittent periods of time not to exceed 90
              consecutive days.

           Violation means any condition in a residence, or upon a parcel of land, which fails to meet any
           requirement of 105 CMR 410.000.

           Water Conservation Device means for all showers, shower stalls, shower compartments or
           shower baths, a low-flow showerhead which shall have a maximum flow rate not exceeding two
           and ½ gallons of water per minute, for all faucets a maximum flow rate not exceeding two and
             /10 gallons of water per minute and for all water closets, ultra-low-flush water closets not
           exceeding one and 6/10 gallons of water per flush, contained within a residence.

           Water Submetering means the use of a meter by an owner who receives water from a water
           company, as defined in M.G.L. c. 186, § 22, which measures water supplied to a residence to
           enable the owner to charge the occupant of the dwelling unit separately for water usage, or which
           meter measures water supplied to a common area.

           Wood or Pellet Stove means a stove that burns wood, compressed wood pellets, or biomass
           pellets and is designed to radiate heat from the stove wall to provide heat to a room. A wood or
           pellet stove does not include the necessary vents, ducts, pipes, or radiators to distribute heat to
           the entire dwelling unit.

           Work Person-like Manner means the way work is completed in accordance with accepted trade
           practices and regulatory requirements.

           Yard Waste means grass clippings, leaves, weeds, hedge clippings, garden waste, and twigs, as
           well as brush or branches that meet size restrictions specified by the local community through
           rules and regulations relating to yard waste collection.
Source: Legislative text reproduced verbatim
Plain English

Section 410.010 of 105 CMR 410.000 establishes the foundational vocabulary used throughout Massachusetts's Minimum Standards of Fitness for Human Habitation, commonly known as the Sanitary Code. Each defined term — from "Dwelling Unit" and "Owner" to "Pest Infestation" and "Violation" — carries a precise legal meaning that governs how the rest of the code is interpreted and applied. These definitions determine who bears responsibility for correcting problems, what types of structures and conditions fall under the code's reach, and what constitutes a violation in the first place.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 30, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under 105 CMR 410.000 § 410.010 should be aware that the term "Owner" is defined broadly, encompassing not just holders of legal title but also agents, trustees, mortgagees in possession, and condominium association officers. Compliant operators generally ensure that any work done to address violations meets the "Compliance with Accepted Standards" definition, meaning it is completed in a work person-like manner with all required licenses and permits obtained. Understanding definitions such as "Affected Person(s)," "Residence," and "Condition Making a Unit Unfit for Human Habitation" helps operators recognize the full scope of their obligations before an order to correct is ever issued.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenants living in any structure covered by 105 CMR 410.000 § 410.010 — including rooming houses, manufactured homes, and condominiums — benefit from knowing how key terms like "Occupant," "Dwelling Unit," and "Violation" are defined, since these definitions shape what protections apply to their living situation. The definition of "A Condition Which May Endanger or Materially Impair the Health or Safety and/or Wellbeing of an Occupant" is particularly relevant, as it describes the threshold for conditions that a local Board of Health may certify as violations. Tenants who believe a condition in their residence meets one of these defined thresholds may consider contacting their local Board of Health, raising the issue with an occupant's representative as defined in this section, or reaching out to a tenant-rights organization for general guidance.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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Related Rules

§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections