Cal. Civ. Code § 410.160
Heating Systems
Operative Text
(A) The owner shall provide and maintain in good operating condition a heating system that
includes a distribution system capable of heating every habitable room and every room
containing a toilet, shower, or bathtub to such temperature required by 105 CMR 410.180.
(B) The following shall not meet the requirements of a heating system:
(1) Fireplace;
(2) Wood or pellet stove; or
(3) Portable electric space heater.
(C) The following are prohibited from use in any residence:
(1) Any portable space heater that has a barometric fed fuel control and a fuel supply tank
located less than 42 inches from the center of the burner including, but not limited to, parlor
heaters, cabinet heaters, or room heaters;
(2) Heating appliances adapted for burning propane, kerosene, range oil or number one fuel
oil;
(3) Portable wick type space heaters; and
(4) Unvented propane or natural gas-fired space heaters not approved in accordance with
527 CMR 1.00: Massachusetts Comprehensive Fire Safety Code.Under 105 Mass. Code Regs. 410.160, Massachusetts law requires property owners to provide and keep in working order a permanent heating system with a distribution network capable of warming every habitable room and every bathroom to the temperatures specified in 105 CMR 410.180. Fireplaces, wood or pellet stoves, and portable electric space heaters do not qualify as compliant heating systems under this rule. Additionally, certain portable and fuel-burning heaters—including barometric-fed fuel heaters, propane- or kerosene-burning appliances, portable wick-type heaters, and unapproved unvented gas-fired space heaters—are outright prohibited in any residence.
Plain English — not legal advice.
Operators subject to 105 Mass. Code Regs. 410.160 generally ensure that each rental unit is served by a permanently installed, centrally distributed heating system capable of reaching every habitable room and every room with a toilet, shower, or bathtub. Compliant operators do not rely on fireplaces, wood or pellet stoves, or portable electric heaters as substitutes for a qualifying heating system. They also take care that none of the prohibited heating appliances listed in section 410.160(C)—such as barometric-fed fuel heaters, propane- or kerosene-adapted appliances, wick-type heaters, or unapproved unvented gas heaters—are present or used anywhere in the residence.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 105 Mass. Code Regs. 410.160, tenants have a right to a functioning, permanently installed heating system that reaches every habitable room and bathroom, and certain dangerous portable heaters are prohibited outright in their home. If a landlord is relying on a fireplace, wood stove, or portable electric heater as the primary heat source, or if any of the prohibited appliances listed in section 410.160(C) are present, this may constitute a violation of the state sanitary code. Tenants who believe this provision is being violated can consider contacting their local board of health, raising the violation as a defense in relevant housing proceedings, or reaching out to a tenant-rights organization for general information about available options.
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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