Town of Georgetown, MA
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Town of Georgetown 12-18-1984. Revisions made at time of publication of Code. Other amendments noted where applicable.]
GENERAL REFERENCES
Buildings and occupancy permits — See Ch. 510.
A. 
Although the laws established by the commonwealth and federal agencies are of a minimum nature they are deemed to be generally adequate to protect the public health and the environment in the interest of present and future citizens of the commonwealth.
B. 
However, specific identifiable local conditions may require more stringent regulations to protect these interests. It is with this intent that the Georgetown Board of Health, pursuant to the statutory authority granted them in the General Laws of the commonwealth, and amendments and additions thereto, and by the power thereto enabling, and acting thereunder and in accordance therewith and in accordance with the state's sanitary code, in the interest of and for the preservation of the public health, have adopted the following regulation.
A. 
The Board of Health, Town of Georgetown, Massachusetts, in accordance with and under the authority granted by MGL C. 111, § 31, and the Sanitary Code, Article II, Minimum Standards of Fitness for Human Habitation, hereby adopts the following regulation at a meeting of the Board of Health.
B. 
All other regulations of the Board of Health inconsistent with these regulations are repealed as of January 1, 1985.
Whenever a rented dwelling unit, apartment or tenement other than a hotel, motel or rooming house is vacated by the occupant or occupants thereof, or within 10 days before the expiration date of the anticipated vacancy, it must be certified by the Board of Health or its agent, prior to being reoccupied by a new occupant, as meeting the standards set forth in the Sanitary Code, Article II, Minimum Standards of Fitness for Human Habitation, as promulgated and from time to time amended by the Department of Public Health of the Commonwealth of Massachusetts under the authority of MGL C. 111, § 127A. However, regardless of the number of occupancy changes during any twelve-month period, one such certification shall be sufficient for such twelve-month period.
After inspection of the vacant premises by the Board of Health or its agent, all public utilities servicing said vacant premises may be ordered turned off by the Board of Health or its agent until such dwelling unit, apartment or tenement is certified as being fit for human habitation.
If within 72 hours, excluding Saturdays, Sundays and holidays, after receipt of written notification of a vacancy from the owner, managing agent or person in possession, the Board of Health or its agent fails to make an inspection, then the rented dwelling unit, apartment or tenement may be reoccupied without such certification.
If, after inspection of the premises by the Board of Health or its agent, the Board of Health determines that the owner should be given time to make repairs necessary to qualify for certification and the health and safety of any occupant is not thereby endangered, the Board of Health may issue a temporary occupancy permit not to exceed 30 days.
Before any public utilities are ordered shut off, the Board of Health shall give three days' notice in writing to the owner, managing agent or person in control of the vacant premises that such action is to be taken.
This regulation shall not apply to new construction which is in compliance with the General Laws of the Commonwealth of Massachusetts and local regulations pertaining thereto; nor shall it apply to new construction which was completed less than five years prior to the date on which the rented dwelling unit, apartment or tenement becomes vacant.
Any owner of such property used for dwelling purposes failing to comply with this regulation may pay a fine as provided in MGL C. 111, § 31, each and every day he allows any person or persons to live, occupy or inhabit the said premises without having received an occupancy permit from the Board of Health.