Cal. Civ. Code § 410.700
Variances
Operative Text
(A) The board of health shall not vary the following provisions of 105 CMR 410.000:
(1) Conditions Deemed to Endanger or Materially Impair Health or Safety, required by
105 CMR 410.630(A), except as authorized in 105 CMR 410.710;
(2) Alternative Housing requirements specified in 105 CMR 410.710;
(3) Enforcement Procedures required by 105 CMR 410.600 through 105 CMR 410.930;
(4) Submetering of Water and Sewer, required by 105 CMR 410.130(C), (D) and (E);
(5) Any regulatory provision that is governed by the authority of another regulatory agency;
or
(6) Any regulatory provision that is required by law.
(B) The board of health may vary the application of any provision of 105 CMR 410.000, except
those conditions listed in 105 CMR 410.700(A), when:
(1) The enforcement thereof would do manifest injustice;
(2) The applicant has proved the same degree of protection required under 105 CMR
410.000 can be achieved without strict application of the particular provision(s);
(3) When insurance is utilized, the applicant has provided written confirmation from the
insurance carrier confirming the continuation of full coverage(s) if the minimum health and
safety provision(s) are varied;
(4) The decision of the board of health does not conflict with the spirit of these minimum
standards or any other applicable statute, code, or regulation;
(5) All affected persons have been notified in writing of the date, time, and place of a
hearing to consider the variance;
(6) All affected persons have been given the opportunity to be heard to show why the
variance should or should not be granted; and
(7) The petitioner is notified within three calendar days of the board's decision to grant the
variance.
(C) Any variance granted by the board of health shall be in writing and shall include:
(1) The factors determining that the enforcement of this provision in 105 CMR 410.000
would be a manifest injustice;
(2) The measures the petitioner will incorporate to ensure equal or greater protection of the
health and safety of the occupants as provided by 105 CMR 410.000; and
(3) The date of expiration of the variance.
(D) The variance shall be:
(1) Made available to the Director of the Community Sanitation Program at the Department
by request;
(2) Made available to the public at all reasonable hours in the office of the clerk of the city
or town, or in the office of the board of health;
(3) Provided to all affected persons by the owner and attached to the rental agreement for
new tenancies created while the variance is in effect; and
(4) Filed by the owner in the registry of deeds for the county or appropriate district thereof,
in which the residence is located.
(E) Any variance or other modification authorized to be made by 105 CMR 410.000 may be
subject to such qualification, revocation, suspension or expiration as the board of health
expresses in its approval.
(F) A variance or other modification authorized to be made by 105 CMR 410.000 may
otherwise be revoked, modified, or suspended in whole or in part, only after the owners and
affected persons have been notified in writing and have been given an opportunity to be heard,
in accordance with the requirements of 105 CMR 410.800 through 105 CMR 410.860.
(G) A variance from 105 CMR 410.270 may be granted only in writing by the Massachusetts
State Building Code Commissioner when in their opinion, other security measures are in force
which adequately protect the occupants(s) of such residence. (M.G.L. c. 143, § 3R.)
(H) A variance granted by the board of health shall be in effect only upon meeting the
requirements established in 105 CMR 410.700(A) through (D).
(I) An owner may request that the variance be renewed by submitting to the board of health, at
least 30 calendar days prior to expiration, a written request that contains a statement of any
relevant changes to the conditions of the residence since the original variance request or most
recent renewal. The board of health may conduct an inspection of the residence prior to issuing
its decision. If the board of health finds that the health and safety of the occupants and general
public will not be compromised, it may renew the variance in writing. The notification
requirements of 105 CMR 410.700(D) shall be followed for each variance renewal.Section 410.700 of 105 CMR 410.000 establishes a formal process by which a local board of health may grant exceptions—called variances—to certain minimum housing standards, while permanently prohibiting variances for a defined set of core protections. A variance can only be approved when strict enforcement would cause manifest injustice, when equivalent health and safety protections can be demonstrated, and after all affected parties have received written notice and a chance to be heard. Any approved variance must be documented in writing, filed in the county registry of deeds, attached to new rental agreements, and given an expiration date, with a renewal process available if the owner applies at least 30 days before expiration.
Plain English — not legal advice.
Property owners operating under a variance granted pursuant to 105 CMR 410.700 are generally expected to attach the written variance to any new rental agreement created while it is in effect, provide copies to all affected persons, and file the variance with the county registry of deeds. Compliant operators also track the variance's expiration date and, if renewal is sought, submit a written renewal request to the board of health at least 30 calendar days before expiration, including a statement of any relevant changes to the property's conditions since the last application. Owners should be aware that certain core provisions—such as enforcement procedures and conditions deemed to endanger health or safety—cannot be varied under any circumstances under § 410.700(A).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 105 CMR 410.700, tenants have the right to receive written notice of any hearing at which a variance affecting their housing is being considered, and to be heard on whether the variance should or should not be granted. If a variance is in effect during a new tenancy, the owner is required to attach the written variance to the rental agreement, so tenants can review its terms, expiration date, and the alternative protections the owner has committed to provide. Tenants who believe a variance was improperly granted, or that its conditions are not being met, may contact their local board of health or a tenant-rights organization to understand available options, including the revocation process outlined in § 410.700(F).
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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