Cal. Civ. Code § 410.630
Conditions Deemed to Endanger or Materially Impair Health or Safety
Operative Text
(A) The following conditions, when found to exist in a residence, shall always be deemed
conditions which may endanger or materially impair the health, or safety and well-being of a
person or persons occupying the premises:
(1) Failure to provide and maintain a supply of water sufficient in quantity, pressure and
temperature, both hot and cold, to meet the ordinary needs of the occupant, required by
105 CMR 410.130, 105 CMR 410.140 and 105 CMR 410.150, for a period of 24 hours or
longer.
(2) Failure to provide heat as required by 105 CMR 410.180 or improper venting or use of
a space heater or water heater prohibited by 105 CMR 410.160(C) and 105 CMR 410.170.
(3) Shutoff and/or failure to restore electricity, gas, or water.
(4) Failure to provide the electrical facilities required by 105 CMR 410.300(A) through (E).
(5) Failure to provide a safe supply of water required by 105 CMR 410.130(A).
(6) Failure to provide a toilet, sink, shower or bathtub and maintain a sewage disposal
system in operable condition required by 105 CMR 410.110(A) and (B), and 105 CMR
410.130(B).
(7) Failure to provide and maintain as required by 105 CMR 410.100(A):
(a) A kitchen sink of sufficient size and capacity for washing dishes and kitchen
utensils.
(b) If supplied by the owner, a conventional cooktop and oven, or a refrigerator with
freezer.
(8) Failure to provide and maintain adequate exits, or the obstruction of any exit,
passageway or common area caused by any object, including refuse, which prevents egress
in case of an emergency required by 105 CMR 410.260.
(9) Failure to comply with the security requirements of 105 CMR 410.270(A).
(10) Failure to comply with any provisions of 105 CMR 410.560 and 105 CMR 410.570,
which results in any accumulation of refuse, filth or other causes of sickness which may
provide a food source or harborage for rodents, insects or other pests or otherwise contribute
to accidents or to the creation or spread of disease.
(11) The presence of lead based paint on a dwelling or dwelling unit in violation of
105 CMR 460.000: Lead Poisoning Prevention and Control. (See M.G.L. c. 111, §§ 190
through 199.)
(12) Roof, foundation, or other structural defects in violation of 105 CMR 410.500 that may
expose the occupant or anyone else to fire, burns, shock, accident or other dangers or
impairment to health or safety.
(13) Failure to install or maintain electrical, plumbing, heating and gas-burning facilities
in compliance with accepted standards as defined in 105 CMR 410.010 for plumbing,
heating, gasfitting and electrical wiring or failure to maintain such facilities required by
105 CMR 410.235 and 105 CMR 410.240, so as to expose the occupant or anyone else to
fire, burns, shock, accident or other danger or impairment to health or safety.
(14) Any defect in asbestos material used as insulation or covering on a pipe, boiler or
furnace which may result in the release of asbestos dust or which may result in the release
of powdered, crumbled or pulverized asbestos material in violation of 105 CMR 410.250.
(15) Failure to provide a smoke detector or carbon monoxide alarm required by 105 CMR
410.330.
(16) Failure to provide and maintain a railing or guard for every stairway, porch, balcony,
roof or similar place with balusters spaced as required by 105 CMR 410.520.
(17) Failure to maintain the premises free from pests required by 105 CMR 410.550(A) and
(B).
(18) Any other violation of 105 CMR 410.000 not enumerated in 105 CMR 410.630(A)
shall be deemed to be a condition which may endanger or materially impair the health or
safety and well-being of an occupant upon the failure of the owner to remedy said condition
within the time so ordered by the board of health.
(B) The inspector may determine that any condition that violates 105 CMR 410.100 through
105 CMR 410.570 is a condition that may endanger or impair the health, safety, or well-being
of a person or persons occupying the premises. Conditions identified by the inspector as
conditions deemed to endanger or impair the health, safety or well-being of a person shall be
noted as such on the correction order and the inspection report.Section 410.630 of the Massachusetts Sanitary Code establishes a comprehensive list of residential conditions that are automatically classified as endangering or materially impairing the health, safety, or well-being of occupants. These include failures related to water supply, heat, electricity, gas, sanitation, exits, pest control, lead paint, asbestos, smoke detectors, and structural integrity, among others. Under subsection (B), a local board of health inspector also has discretionary authority to designate additional conditions—beyond those explicitly enumerated—as dangerous or impairing, with such findings noted on the official correction order and inspection report.
Plain English — not legal advice.
Property owners and managers operating under 105 CMR 410.630 are generally expected to maintain continuous compliance across all systems and conditions enumerated in the regulation, including water, heat, electrical, plumbing, sanitation, egress, and safety equipment such as smoke detectors and carbon monoxide alarms. Because many of the listed conditions—such as a 24-hour water outage or a blocked exit—trigger automatic classification as health or safety violations, compliant operators typically conduct regular inspections and address deficiencies promptly before a board of health order is issued. Conditions not explicitly listed in § 410.630(A) can still be classified as dangerous if a board of health inspector so determines and the owner fails to remedy the condition within the ordered timeframe.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in Massachusetts residences are protected by 105 CMR 410.630, which designates a broad range of conditions—from lack of heat or hot water to lead paint, pest infestations, and missing smoke detectors—as automatic health and safety violations. If any of these conditions exist in a rental unit, tenants generally have the option of filing a complaint with their local board of health, which can trigger an official inspection and correction order against the property owner. Tenants may also wish to document conditions carefully and consult a tenant-rights organization to understand the full range of remedies available, including the possibility of raising a § 410.630 violation as a defense in certain legal proceedings.
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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