[HISTORY: Adopted by the Board of Health
of the Town of Williamstown 1-4-1999. Amendments noted where applicable.]
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.
This chapter is adopted under the authority
of MGL c. 140, § 32B, and c. 111, § 31, and any
other power thereto enabling.
In this chapter, the following terms have the
meanings indicated.
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.
The Williamstown Board of Health or its designated representative.
The room or group of rooms in a manufactured home used or
intended for use by a single family or household.
An operator who holds a current manufactured housing community
license from the Williamstown Board of Health under MGL c. 140, § 32B.
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.
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.
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.
A person who directly or indirectly owns, conducts, controls,
manages or operates any manufactured housing community and his, her
or its agents or employees.
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.
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.
(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).
(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.
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.
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.
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.
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.
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.
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.
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.
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]
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.
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.
[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.
[Amended 10-7-2019]
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 146, Local Fines, of the Code of the Town of Williamstown. Each day of violation, after written notice, is a separate violation.
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.
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.
The effective date of this chapter is January
4, 1999.
