Cal. Civ. Code § 410.710
Permit Requirements For Alternative Housing
Operative Text
(A) The board of health may approve alternative housing that does not meet one or more of the
following requirements of 105 CMR 410.000 in single-family residences or owner-occupied
dwelling units:
(1) Electrical service required by 105 CMR 410.300 and 105 CMR 410.320;
(2) Plumbed system for the delivery of hot and cold running water required by 105 CMR
410.130, 105 CMR 410.140, and 105 CMR 410.150;
(3) Heating system required by 105 CMR 410.160 that is capable of meeting the
requirements of 105 CMR 410.180;
(4) Sanitary drainage system required by 105 CMR 410.130 provided the following
approved systems are installed:
(a) A toilet capable of incinerating or composting waste; and
(b) A grey water system; or
(5) Minimum square footage required by 105 CMR 410.420(D).
(B) An owner shall apply to the board of health for a permit to occupy alternative housing. An
application for alternative housing must include the following:
(1) A detailed plan of alternative energy and other provisions that will provide comparable
measures to protect the health and safety of the occupants and that demonstrate that the same
degree of protection required under 105 CMR 410.000 can be achieved without strict
application of the particular provision;
(2) A draft deed restriction that the owner will record with the Registry of Deeds upon
approval of a permit for alternative housing that indicates that the property has an alternative
housing permit pursuant to 105 CMR 410.710(D) and that upon transfer of ownership or
occupancy the property must comply with all requirements in 105 CMR 410.000, unless a
new permit is issued by the board of health;
(3) A signed, written statement by the owner that the residence subject to the alternative
housing permit will only be used as owner occupied property and that the owner understands
that the permit will be nullified if the property changes occupancy or is offered or used as a
rental;
(4) Documentation that any necessary variances have been obtained from other regulatory
agencies when an exemption would also violate another state regulatory code; and
(5) Payment of any applicable fee set by the board of health.
(C) Upon receipt of an application for alternative housing, the board of health shall schedule
a public hearing within 30 calendar days. The applicant shall provide to the board of health
verification of notice to all abutters, as defined in M.G.L. 40A, § 11, of the date, time, and
location of said hearing.
(D) Following the hearing, the board of health shall issue a written decision as to whether to
grant or deny the alternative housing permit and a statement regarding the rationale for the
decision. A grant of approval shall be provisional pending a comprehensive inspection by the
board of health, and may contain any conditions deemed necessary by the board of health to
protect the health and safety of the occupants.
(E) Upon final approval of an alternative housing permit:
(1) The board of health shall submit a copy of the permit to the Director of the Community
Sanitation Program within seven calendar days;
(2) The owner shall record at the Registry of Deeds for the city or town where the residence
is located a deed restriction as approved by the board of health;
(3) The owner shall submit a copy of the record of the deed restriction to the board of health
once available; and
(4) Said permit shall not go into effect until the deed restriction has been recorded at the
Registry of Deeds.
(F) The alternative housing permit shall be valid until such time as modifications subject to the
terms of the permit are made to the property or ownership of the property changes.
Modifications subject to the terms of the permit require resubmission of the permit request.
Failure to do so will result in the revocation of the permit. Prior to permit modification, the
board of health may conduct an inspection of the residence.
(G) An alternative housing permit may be modified or revoked by the board of health for any
alleged violation of the terms of the permit or any other reason necessary to protect the health
and safety of the occupants only after notice to the owner and an opportunity to be heard in
accordance with the requirements for an order and hearing as required by 105 CMR 410.800
through 105 CMR 410.860. The board of health shall submit a copy of the modification or
revocation to the Director of the Community Sanitation Program within seven calendar days.Section 105 CMR 410.710 establishes a permit pathway that allows single-family residences or owner-occupied dwelling units to legally operate without meeting certain standard housing code requirements — such as conventional electrical service, plumbed hot and cold water, a central heating system, a sanitary drainage system, or minimum square footage — provided the local board of health approves the arrangement. The permit process involves a public hearing, a comprehensive inspection, and the recording of a deed restriction at the Registry of Deeds that travels with the property. Critically, the permit is tied exclusively to owner-occupancy: it becomes void if the property is rented out, transferred, or significantly modified without reapplication.
Plain English — not legal advice.
Property owners considering alternative housing arrangements under 105 CMR 410.710 generally prepare a detailed application to their local board of health that includes a plan demonstrating equivalent health and safety protections, a draft deed restriction, a signed statement confirming owner-occupancy intent, any required variances from other regulatory agencies, and applicable fees. Compliant owners record the board-approved deed restriction at the Registry of Deeds before the permit takes effect, and they submit a copy of that recorded restriction back to the board. Owners operating under a 105 CMR 410.710 permit also track any property modifications or changes in occupancy status carefully, since either can trigger the need to reapply or result in permit revocation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Because 105 CMR 410.710 explicitly limits alternative housing permits to owner-occupied properties, a rental unit cannot lawfully operate under this permit — meaning a landlord cannot use this provision to justify withholding standard services like running water, heat, or adequate electrical service from a tenant. If a tenant believes a rental property is being operated under a claimed alternative housing permit, that concern can be raised with the local board of health, which has authority to revoke permits used in violation of the owner-occupancy requirement. Tenant-rights organizations and local legal aid offices can help individuals understand how 105 CMR 410.710's restrictions interact with their broader protections under the Massachusetts Sanitary Code.
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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