Town of Williamstown, MA
Berkshire County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Town of Williamstown 1-4-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 70.
Rental property — See Ch. 154.
Subdivision rules and regulations — See Ch. 170.

§ 147-1 Purpose.

The purpose of this chapter is to provide rules for the licensing, construction and operation of manufactured housing communities in order to protect the health and safety of the occupants of those communities and of the public in the Town of Williamstown.

§ 147-2 Statutory authority.

This chapter is adopted under the authority of MGL c. 140, § 32B, and c. 111, § 31, and any other power thereto enabling.

§ 147-3 Definitions:

In this chapter, the following terms have the meanings indicated.
APPENDAGE
Includes any awning, deck or other addition attached to a manufactured home and any shed, structure or other combination of materials upon a manufactured home site necessitating piling, footings or a foundation for attachment to the land.
BOARD
The Williamstown Board of Health or its designated representative.
DWELLING UNIT
The room or group of rooms in a manufactured home used or intended for use by a single family or household.
LICENSEE
An operator who holds a current manufactured housing community license from the Williamstown Board of Health under MGL c. 140, § 32B.
MANUFACTURED HOME
A structure, built in conformance with 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 which, 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 plumbing, heating, air conditioning and electrical systems contained therein.
MANUFACTURED HOME SITE (LOT)
A parcel of land within a manufactured housing community on which a manufactured home, its appendages and appurtenances are or may be located and over which a tenant has possessory or other rights or interests.
MANUFACTURED HOUSING COMMUNITY
Any lot or tract of land upon which three or more manufactured homes occupied for dwelling purposes are located, including any buildings, structures, fixtures and equipment used in connection with manufactured homes.
OPERATOR
A person who directly or indirectly owns, conducts, controls, manages or operates any manufactured housing community and his, her or its agents or employees.
PERSON
Every individual, partnership, corporation, including a municipal corporation, firm, trust, association or the agent or agents of any of them, including lessee, and licensee carrying on an activity governed by this chapter.

§ 147-4 License.

A. 
License required. No person may operate or manage, directly or indirectly, a manufactured housing community unless that person holds a valid license issued by the Williamstown Board of Health acting under the authority of this chapter and of the applicable requirements of MGL c. 140, §§ 32A through 32S.
B. 
Applicant for license. The applicant for an original or a renewal license for a manufactured housing community shall be the owner of the land on which the community is or is proposed to be located.
C. 
Application for original license.
(1) 
Contents. Every application for an original license shall be submitted on a form promulgated by the Williamstown Board of Health and shall include detailed plans with at least the following information:
(a) 
The name of the manufactured housing community, its boundaries, North point, date and scale.
(b) 
The name and address of the record owner and the engineer.
(c) 
The information called for by the Code of Williamstown, Chapter 170, Subdivision Rules and Regulations, § 170-3.5 (Definitive plan).
(d) 
A typical street profile and cross-section as specified in the Code of Williamstown Chapter 113 (as applicable).
(e) 
A statement as to whether any variance or waiver of the provisions of those regulations is requested.
(f) 
A statement as to whether a conditional license is requested.
(g) 
Designation of a person or persons who will be available at the manufactured housing community during normal business hours and who will be authorized to accept on behalf of the licensee any notice, order, directive, letter or other documents issued by the Board.
(h) 
A copy of the rules proposed for the community and a certificate that they have been submitted to the appropriate commonwealth authorities on a stated date pursuant to MGL c. 140 § 32L(5) and either approved or not disapproved.
(i) 
An estimate of the proposed costs of establishing the community.
(2) 
Processing.
(a) 
The Board shall refer the application and detailed plans to the Health Inspector and the Zoning Administrator for initial review and distribution to the DPW, Conservation Commission, Police Department and Fire Department for their review and comments, which shall be submitted to the Health Inspector and the Zoning Administrator. These officials shall determine whether the materials are complete and conduct a staff plan review.
(b) 
At the conclusion of the review, the Health Inspector and the Zoning Administrator shall forward their written recommendations to the Williamstown Board of Health and to the Planning Board.
(c) 
The Williamstown Board of Health shall withhold further action on the application until the Planning Board has granted a special permit for it pursuant to § 707.4C(2) of the Williamstown Zoning Bylaw.
(d) 
Following the granting of a special permit, the Board shall give not less than 10 days' notice of a public hearing on the application by notice published at least once in a newspaper of general circulation in the Town of Williamstown.
(e) 
Following the public hearing, the Williamstown Board of Health may:
[1] 
Approve the application;
[2] 
Approve the application conditionally, with the approval of the State Department of Environmental Protection, pursuant to MGL c. 140, § 32H;
[3] 
Grant waivers; or
[4] 
Disapprove the application. Each disapproval shall be accompanied by a written explanation specifying the reasons for the disapproval.
D. 
Issuance of license. If the Williamstown Board of Health approves an application conditionally or otherwise, it shall issue an appropriate license valid until December 31 of the year in which the license is issued.
E. 
Renewal license.
(1) 
Application date. An application for a renewal license shall be filed annually, not later than November 1 of the year prior to the year for which the application is made.
(2) 
Contents of application. Every application for a renewal license shall include the following information:
(a) 
The number of occupants in each manufactured home and the location or address of the manufactured home in the community as of the date of the application.
(b) 
The current sources of water supply, the method of sewage disposal and the method of refuse disposal.
(c) 
A copy of the existing and any proposed new rules for the community, with the certificate required by § 147-4C(1)(h).
(d) 
Any other information that may be required in the interest of the health and safety of the occupants.
(3) 
Renewal application requesting modification, expansion, etc.
(a) 
If an application for a renewal license includes a request for modification, expansion or addition of manufactured home spaces to an existing manufactured housing community, it shall include the information required by Subsection E(2) of this section, and also the applicable information and detailed plans required by § 147-4C(1).
(b) 
With respect to any modification, expansion or addition, the application shall be processed pursuant to § 147-4C(2) or other appropriate zoning permitting process.
(4) 
Grant of renewal license. The Williamstown Board of Health may grant a renewal license for one calendar year without a public hearing, unless the application is filed under Subsection E(3) above. In that event, with respect to any requested modification, expansion or addition, the provisions of § 147-4C(2) and D apply. The Williamstown Board of Health also may grant a conditional renewal license, subject to the performance of specified conditions.

§ 147-5 Location, space and site requirements.

A. 
General location. Every manufactured housing community shall be located in an area that is suitable for the maintenance of proper sanitary facilities. This area shall be graded to ensure proper drainage of surface water and to prevent formation of adjacent pools of stagnant water or swampy areas. No manufactured housing community shall be located less than 200 feet from a public way or highway.
B. 
Manufactured home site and setback.
(1) 
A minimum of 6,600 square feet of land shall be provided for each manufactured home site. The lot shall not be less than 60 feet in width and 110 feet in depth. Each lot corner shall be marked with permanent markers. For double-wide homes, sectional homes or homes greater than 19 feet in width, the minimum lot size shall be 7,700 square feet (not less than 70 feet in width and 110 feet in length).
(2) 
A manufactured home and its appendages placed thereon shall be at least 20 feet from the front line of the area provided for the manufactured home, which front line shall border on a manufactured housing community street. Each manufactured home and its appendages shall be at least 12 feet from its lot lines to the sides and 10 feet from its lot lines to the rear of the lot designated for each manufactured home or the manufactured housing community's property line.
C. 
Open space facilities. Open space facilities, including recreation and parking facilities, are required in every manufactured housing community to the extent that they are considered necessary by the Williamstown Board of Health to meet the needs of the occupants the community is designed to serve.
D. 
Manufactured housing community streets.
(1) 
Every manufactured housing community street shall be 50 feet wide, with the traveled way being hard-surfaced to a minimum of 24 feet in width. If off-street parking facilities are provided, the overall street or right-of-way width may be reduced to 40 feet. There shall be no dead-end streets without adequate provisions for a turnaround for motor vehicles. Each turnaround shall be adequately paved and shall have a paved diameter of at least 80 feet.
(2) 
All street construction and layouts shall be subject to the approval of the Williamstown Board of Health, which approval shall be based upon the requirements of the Town of Williamstown Subdivision Rules and Regulations (Chapter 170, Code of Williamstown).
E. 
Manufactured housing community sanitary sewer, storm drains and water systems. The design and construction of manufactured housing community sanitary sewers, storm drains and water systems shall be subject to the approval of the Williamstown Board of Health. Approval shall be based upon the requirements of the Town of Williamstown Subdivision Rules and Regulations and Title 5 of the State Environmental Code (310 CMR 15.000) and DEP Storm Water Management Policy.
F. 
Manufactured housing community streetlighting. Streetlighting shall be provided for each manufactured housing community street and shall be such as to give the equivalent of not less than 0.75 footcandles of light installed at intervals of 150 feet, measured at the base of the luminaires.
G. 
Application of this section. The requirements of Subsections A, B, C, D, E and F apply to any construction or expansion of any manufactured housing community that occurred on or after the effective date of this chapter.

§ 147-6 Fire protection; gas appliances and gas piping; wiring and electrical facilities; plumbing.

A. 
Fire protection. Hydrants conforming to the specifications and requirements of the Williamstown Planning Board Subdivision Rules and Regulations shall be located within a radius of 250 feet of every manufactured home occupying a lot in every manufactured housing community established on or after the effective date of this chapter or the expansion of an existing community on or after that date, except that where the water supply system available to the community does not provide at least a six-inch water main, a two-inch frost-protected water riser shall be installed within 150 feet of each manufactured home or building.
B. 
Gas appliances and gas piping. The regulations and standards of the Massachusetts Fuel Gas Code (248 CMR 6.00) shall apply for every manufactured housing community.
C. 
Wiring and electrical facilities. The requirements and regulations in the Massachusetts Electrical Code (527 CMR 12.00) apply to a manufactured housing community on or after the effective date of this chapter. All electric service shall be in an underground conduit.
D. 
Plumbing. All plumbing installed in a manufactured housing community on or after the effective date of this chapter shall conform to the Massachusetts Plumbing Code (248 CMR) requirements.

§ 147-7 Water supply.

A. 
General. The operator shall provide a supply of potable water sufficient in quantity and pressure to meet the ordinary needs of residents, which may be connected with a public water system, or with any other source that the Board has determined does not endanger the health of any potential user and meets the requirements of 310 CMR 22.00, Drinking water regulations.
B. 
Distribution. The water distribution system shall be adequate to provide a minimum of 20 pounds per square inch of pressure at each manufactured home connection.

§ 147-8 Refuse disposal.

A. 
General requirements. The storage, collection and disposal of refuse and recyclable materials in each manufactured housing community shall be so managed as to create no health hazards, rodent harborage, insect breeding areas, accident, fire hazards or air pollution.
B. 
Storage of refuse. All refuse and recyclable materials shall be stored in insect-proof, watertight and rodent-proof containers, one of which shall be located not more than 500 feet from each manufactured home site. Containers shall be provided in sufficient number and capacity to properly store all refuse and recyclable materials. Racks or holders shall be provided for all containers, which shall be designed to prevent containers from being tipped, to minimize spillage and container deterioration and to facilitate cleaning around them.
C. 
Collection. All refuse and recyclable materials shall be collected at least once a week by the manufactured housing community operator or by a private collector licensed to remove refuse and recyclable materials by the Williamstown Board of Health under the authority of MGL c. 111, § 31A of the Massachusetts General Laws.
D. 
Disposal of refuse. It is the responsibility of the community management to provide for collection and transportation of all refuse in covered containers and covered vehicles by a carrier licensed by the Board.

§ 147-9 Manufactured home space.

A. 
Minimum square footage, general. Every manufactured home sited in a manufactured housing community on or after the effective date of this chapter shall contain at least 150 square feet of floor space for the first occupant and at least 100 square feet of floor space for each additional occupant, the floor space to be calculated on the basis of total habitable room area.
B. 
In each such home, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space; every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant.

§ 147-10 Waivers.

The Board of Health may, in its discretion, waive compliance with a particular requirement of this chapter when, in its opinion:
A. 
The enforcement of the regulation would do manifest injustice; and
B. 
The applicant has proved that the same degree of protection of the public health, safety and welfare can be achieved without strict application of the particular provision. Any alternative means of protection shall be detailed and documented by the applicant to the satisfaction of the Board of Health.

§ 147-11 Inspection, notices, hearings.

A. 
Inspection. The Board shall from time to time inspect each manufactured housing community in the Town of Williamstown in order that it may perform its duty of safeguarding the health and safety of the community occupants and of the general public.
B. 
Entry on property.
(1) 
The Board may enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this chapter. It is the duty of the owner or licensee of a manufactured housing community and of the occupant of each home contained therein or the person in charge thereof to give the Board free access to such premises at reasonable times for the purpose of inspection.
(2) 
If any owner, occupant or other person refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to any part of the manufactured housing community where inspection authorized under this chapter is sought, the Board may seek, in a court of competent jurisdiction, a search warrant so as to apprise the owner, occupant or other person concerning the nature of the inspection and justification for it and may seek the assistance of police authorities in presenting said warrant.
C. 
Notice; hearing; revocation.
(1) 
Whenever the Williamstown Board of Health finds any condition or practice in a manufactured housing community that violates any of this chapter or applicable state law, it shall issue a written notice to the person licensed to operate the community, ordering the condition or practice to be corrected within a reasonable time.
(2) 
The notice shall be served personally or by registered or certified mail, return receipt requested, on the licensee or on the person authorized to accept service in the original or any renewal application for the manufactured housing community. If service is made on the person authorized, and that person is not the licensee, a copy shall be sent to the licensee by first-class mail, addressed to the licensee's address as given in the most recent application for the manufactured housing community license.[1]
[1]
Editor's Note: Former Subsection C(3) through (6), which immediately followed and provided for a hearing and suspension or revocation of license, was repealed 2-7-2011. For current provisions, see § 147-13.
D. 
Emergency action.
(1) 
Whenever the Williamstown Board of Health, in an original notice as provided in § 147-11C(1) and 2) above, states that an emergency exists and that immediate action is required to protect the public health, the person to whom the notice is directed shall immediately take action to correct the conditions that cause the emergency. That person may petition for a hearing as provided in § 147-11C(3) above, but the petition is not cause for delay in correcting the emergency.
(2) 
If a person fails to correct an emergency situation in the time specified by the Board, the Board of Health may immediately suspend the license until such time as the emergency situation has been corrected or the Board may undertake measures to correct the emergency situation. All expenses incurred thereby shall constitute a debt due to the Town of Williamstown upon completion of the correction and the rendering of the account therefor to the owner or his or her authorized agent and shall be recoverable from the owner or authorized agent.

§ 147-12 Maintenance of facilities; curtailment of services.

A. 
All facilities and utilities for manufactured housing communities shall be maintained in good repair, free from defects and in compliance with all applicable health and safety laws and previous Board of Health regulations and orders. All violations shall be corrected in a timely manner and in a workpersonlike fashion. Licenses and permits shall be obtained when they are required to perform the work necessary to correct any violations (such as, but not limited to, building, plumbing and wiring). The appropriate code enforcement officials must certify that the work has been completed in accordance with applicable laws and regulations. Properly licensed personnel (such as, but not limited to, plumbers, electricians and construction supervisors) will be used to perform maintenance where required by law.
B. 
Curtailment generally prohibited. No owner or operator of a manufactured housing community shall cause any service, facility, equipment or utility which is required to be made available under this chapter or otherwise by law to be removed from or shut off from a manufactured home or manufactured housing community except for such temporary period as may be necessary during actual repairs or alterations or during temporary emergencies when curtailment is approved by the Williamstown Board of Health.
C. 
Notice to Board and to home owners. Whenever it is necessary to shut off or curtail the use of a utility to make general repairs or alterations, each manufactured home owner and, in addition, the Board shall be notified in writing by the manufactured housing community's management of the curtailment at least 12 hours in advance of its approximate duration or by an alternative means of notification approved by the Williamstown Board of Health. This requirement does not apply to any emergency situation involving a utility, such as a broken waterline, where an immediate shut-off is necessary to prevent serious property damage. The manufactured housing community's management shall immediately notify all affected manufactured home owners of the emergency shut-off or curtailment and its approximate duration, provided that the emergency repairs will require more than one hour.
D. 
Notice to Williamstown Fire Department. Whenever it is necessary to shut off the water supply in a manufactured housing community for normal repairs or alteration, the management of the manufactured housing community shall notify the Williamstown Fire Department at least 12 hours in advance with a projection of its duration. For an emergency shut-off and repairs, the community management shall notify the Williamstown Fire Department immediately following its occurrence.

§ 147-13 Appeals.

[Amended 2-7-2011[1]]
A. 
Any person or persons aggrieved by any order issued under this chapter may appeal by filing a written petition for hearing to the Board of Health, which must be received within 10 days after the day the order was served.
B. 
The hearing shall be commenced not later than 14 days after the receipt of a petition.
C. 
At the hearing the petitioner and other affected parties shall be given an opportunity to be heard, to present witnesses or documentary evidence, and to show why an order should be modified or withdrawn. Failure to hold a hearing within the time period specified herein shall not affect the validity of any order.
D. 
The Board of Health shall sustain, modify, or withdraw the order and shall inform the petitioner.
E. 
Any person aggrieved by the decision of the Board of Health may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this commonwealth.
[1]
Editor's Note: This amendment also renumbered former §§ 147-13 through 147-16 as §§ 147-14 through 147-17, respectively.

§ 147-14 Violations and penalties.

Whoever, himself or by his servant or agent or as the servant or agent of any other person or firm or corporation, violates any of the provisions of this chapter is subject to a fine as stated in Chapter 1, General Provisions, Article II, Noncriminal Disposition, of the Code of the Town of Williamstown. Each day of violation, after written notice, is a separate violation.

§ 147-15 Severability.

If a court determines that any provision of this chapter is invalid or unenforceable, the other provisions shall not be affected thereby, but shall continue in full force and effect.

§ 147-16 Repealer.

As of the effective date of this chapter, all prior Williamstown Board of Health Regulations (including those adopted by the Board of Selectmen acting as a Board of Health) pertaining to trailer parks, mobile home parks and manufactured housing communities are repealed.

§ 147-17 Effective date.

The effective date of this chapter is January 4, 1999.