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INSPECTIONAL SERVICES DEPARTMENT.

Boston Municipal Code ch. IX, art. 9-9
in effect

Boston Municipal Code § 9-9.1 Establishment.

9-9.1 Establishment. There shall be in the City, a Department known as the Inspectional Services Department, which shall be under the charge of an Officer known as the Commissioner, appointed by the Mayor, who shall have the powers and perform the duties imposed upon him or her by law, and who shall be compensated as an Officer within Category II of Subsection 5-5.10. The Inspectional Services Department shall have and exercise all of the duties imposed upon it by law including, but not limited to, the duties formerly held and exercised by the Building Commissioner, the Housing Inspection Commissioner and any other Commissioner or Department whose duties were transferred to the Inspectional Services Department by prior amendments of this code. The Commissioner shall prepare and keep current a statement of the organization of the Department, including the assignment of functions to the various Offices and employees. (Ord. 1981 c. 19; CBC 1985 9-9.1; Ord. 1994 c. 1 § 1; Ord. 1995 c. 8 § 2; Ord. 2018 c. 6 § 7)

Boston Municipal Code § 9-9.2 through 9-9.3 Reserved. Editor’s note: Former Subsections 9-9.2, Commissioner and 9-9.3, Joint Appointment, previously codified herein and containing portions of Ordinance Nos. 1981 c. 19 and 1994 c. 1, were repealed in their entirety by Ordinance No. 1995 c. 8.

Boston Municipal Code § 9-9.4 Empowered to Accept Delegation.

9-9.4 Empowered to Accept Delegation. The Board of Health and Hospitals may delegate to the Inspectional Services Department the enforcement of any statute, ordinance or regulation heretofore enforced by, or adopted by, said Board. Any other Board, Officer, Department or Commission may, subject to the approval of the City Council, delegate to the Inspectional Services Department the enforcement of any statute, ordinance or regulation heretofore enforced by or duly adopted by such Board, Officer, Department or Commission. The Inspectional Services Department is hereby empowered to accept such delegation and may exercise any and all powers necessary or convenient in furtherance of any such delegation. Notice of such delegation shall be filed with the City Clerk. (Ord. 1981 c. 19; CBC 1985 9-9.4)

Boston Municipal Code § 9-9.5 Board of Appeal and Board of Examiners.

9-9.5 Board of Appeal and Board of Examiners. The Board of Appeal and Board of Examiners are hereby transferred to the Inspectional Services Department but neither shall be under the supervision or control of said Department. (Ord. 1981 c. 19; CBC 1985 9-9.5)

Boston Municipal Code § 9-9.6 Administrative Units.

9-9.6 Administrative Units. The Commissioner may, from time to time, establish within the Department such administrative units within Divisions as may be necessary for the efficient and economical administration of the Department, and when necessary for such purpose, he or she may abolish or merge any such administrative units within Divisions as he or she may deem advisable. Subject to the approval of the Mayor and City Council, the Commissioner may establish, abolish or merge Divisions. The Commissioner shall prepare and keep current a statement of the organization of the Department; of the assignment of functions to its various administrative units, Offices and employees; and of the place at which and the methods whereby the public may receive information or make requests. (Ord. 1981 c. 19; CBC 1985 9-9.6)

Boston Municipal Code § 9-9.7 The Building and Housing Inspection Departments.

9-9.7 The Building and Housing Inspection Departments. The Building Department and the Housing Inspection Department of the city are hereby respectively abolished. All powers, duties and appropriations of said Departments are hereby transferred to the Inspectional Services Department created by Subsection 9-9.1; and every person holding in said or other Departments an Office or position subject to the Civil Service Law and Rules, being M.G.L. Chapter 31, shall be transferred without Civil Service examination or registration to a similar Office or position in the Inspectional Services Department without impairment of his or her Civil Service rights or his or her retirement, seniority, vacation or sick leave rights; and his or her services shall be deemed to have been continuous to the same extent as if such abolition had not taken place. (Ord. 1981 c. 19; CBC 1985 9-9.7)

Boston Municipal Code § 9-9.8 Site Cleanliness Licenses.

9-9.8 Site Cleanliness Licenses. No person shall operate or maintain an automotive establishment, a food and beverage establishment, bulk refuse container storage lot, a donation collection bin or a bulk refuse container without first obtaining the site cleanliness license required by this Subsection or unless the same is maintained in accordance with said license and any regulation promulgated hereunder. (A) Definitions. For the purpose of this Subsection, the following definitions shall apply unless the context clearly indicates or requires a different meaning. AUTOMOTIVE ESTABLISHMENTS. Autobody shop, car wash, garage, gasoline station, motor vehicle repair garage or lot, retail business establishment or other place for the sale, service, repair or installation of new or used motor vehicles, new or used motor vehicle parts, new or used tires or new or used motor vehicle accessories, whether or not vehicles are serviced or parts or accessories are installed or used on or off the premises. BULK REFUSE CONTAINER STORAGE LOT. Lot for the storage, repair or maintenance of empty or loaded dumpsters, roll-off containers, trash compactors or any other container or receptacle where debris, refuse, solid waste, trash, recyclable material or like material, are contained or stored in any quantity for any period of time. BULK REFUSE CONTAINERS. Dumpsters, trash compactors or any other container or receptacle where recyclable materials, debris, refuse, trash, solid waste or like material are contained or stored in any quantity for any period of time. DONATION COLLECTION BIN. Any container or receptacle, at or on the exterior property areas of any premises, held out to the public as a place for people to drop off articles of clothing and/or other household items. FOOD, BEVERAGE ESTABLISHMENTS. Restaurant, lunchroom, cafeteria, drive in restaurant, take out restaurant, night club, bar or tavern or other retail business establishment open to the public for the sale or service of food, food products or beverages, whether the food, food products or beverages are prepared for consumption on premises; or where food, food products and beverages are sold or served in disposable containers; or where the establishment provides disposable tableware, napkins, containers, condiments or other disposable material to the public as a usual business practice. LOT. A parcel of land including land under water, whether or not platted, in single ownership and not divided by a street. SITE CLEANLINESS LICENSE. The license required by this Subsection and issued by the Inspectional Services Department upon satisfactory review of the site cleanliness license application and Site Cleanliness Plan. SITE CLEANLINESS PLAN. An operational and maintenance plan for each automotive establishment, food/beverage establishment, bulk refuse container storage lot or any bulk refuse storage container governed by this Subsection. The plan shall also include all information included in the Site Cleanliness Plan application as discussed in division (D) below. (B) Applicability. The Site Cleanliness Ordinance shall apply to all existing and future automotive establishments, food and beverage establishments, bulk refuse container storage lots, donation collection bins and bulk refuse containers located within the city. (C) License required for site cleanliness of establishments, donation collection bins and bulk refuse containers. No automotive establishment, food/beverage establishment or bulk container storage lot shall operate, and no bulk refuse container or donation collection bin shall be used, without first obtaining a site cleanliness license from the Commissioner of Inspectional Services. If the Commissioner of Inspectional Services determines that a submitted site cleanliness license application is accurate and adequate to keep the site free from debris, refuse, trash, solid waste or like material that is injurious to the public health, safety and environment, the Commissioner shall issue a site cleanliness license for the establishment, bulk refuse container storage lot or bulk refuse container. Performance of the activities scheduled in the Site Cleanliness Plan shall be a condition of the license and nonperformance of the activities scheduled in the Site Cleanliness Plan shall be a violation of the license and conditions of this Subsection. An operator of donation collection bins shall only need one license for any donation collection bins he or she operates. Operators of donation collection bins shall not be required to submit a Site Cleanliness Plan as a condition of the license, but said operators must meet the additional requirements outlined in division (D) below and meeting these requirements shall be a condition of the license and nonperformance of the activities specifically pertaining to donation collection bins shall be a violation of the license. (D) Contents of license application. (1) A complete site cleanliness license application consists of a completed application form and a Site Cleanliness Plan attached thereto. The site cleanliness application form shall be in a form approved by the Commissioner. A Site Cleanliness Plan shall, at a minimum, include the following information: (a) The address of the lot on which the establishment is located; (b) The name, address and telephone number of the owner of the lot; (c) The name, address and telephone number of the operator of the establishment located on the lot; (d) The type of establishment and nature of its business; (e) A plot plan accurately depicting the lot; (f) The location of any bulk refuse container and the location of the bulk refuse container in relation to all abutting lots; (g) A weekly schedule detailing the times and days of the week for cleaning and maintaining the site free of windblown litter and refuse; (h) The name of a supervisor responsible for overseeing the cleaning and maintenance of the site; (i) The name and address of the waste hauling company responsible for servicing the establishment, bulk refuse container storage lot or bulk refuse container; (j) The date, time and frequency of service by the waste hauling company; (k) Any and all permits and/or licenses issued by the Department of Environmental Protection relating to the management, storage and disposal of solid wastes and hazardous materials and hazardous wastes generated, stored or disposed on site; (l) Any and all permits and/or licenses issued by the Boston Fire Department; (m) Any and all permits and/or licenses issued by the Inspectional Services Department; (n) Any and all permits and/or licenses issued by the Public Works Department; (o) The name, address and phone number of the pest control company servicing the establishment, bulk refuse container storage lot or bulk refuse container; (p) Any fencing or screening required; and (q) Any other information required by the Inspectional Services Department to ensure the site is maintained in a sanitary condition free of debris, refuse, trash, solid waste or like material that is injurious to the public health, safety and environment. (2) Operators of donation collection bins shall not be required to submit a completed Site Cleanliness Plan as outlined above, but shall be required to provide the information required by Subsections 1, 3, 7, 8 and 17, inclusive, as it pertains to all donation collection bins in operation. The name, address and telephone number of the person or persons responsible for maintaining each donation collection bin must also be posted and plainly visible on each operator’s donation collection bins. In addition to the requirements outlined in division (G) below, operators of donation collection bins must also provide the Inspectional Services Department with the regular interval schedule for all bins in operation at which the operator collects the items donated and performs regular maintenance. Said interval shall not be greater than 30 days. Any operator of a donation collection box must provide the Inspectional Services Department with written authorization from all owners of all lots upon which they operate a donation collection bin stating that the operator has the owner’s permission to operate a donation collection box on said lot. If, after receiving an annual site cleanliness license, the operator of a donation collection bin plans on placing a new donation collection bin anywhere in the city, the operator must first apply for an updated site cleanliness license and provide all required information pertaining to the new bin. (E) Screening/fencing requirements. All bulk refuse containers maintained by establishments governed by this Section shall be screened or fenced off from view from public ways, sidewalks and adjoining properties at all sites other than construction sites, unless said screening would eliminate disposal access to the bulk refuse container. (F) Posting requirements. The Site Cleanliness Plan and site cleanliness license shall be posted in a conspicuous place on the premises in public view. This requirement shall not apply to premises containing a donation collection bin, but the license shall be posted directly on said bin. (G) Inspections. (1) Authority. In order to properly carry out their respective responsibilities under this Section, and to ensure that the public health, safety and environment are protected from the hazards posed by unsanitary and unhealthy conditions, the Inspectional Services Department is authorized to enter, examine or survey at any reasonable time all establishments, donation collection bins and bulk refuse containers licensed hereunder. (2) Systematic area inspections. The Inspectional Services Department is authorized to develop and adopt plans for systematic, periodic area-wide inspections of establishments, bulk refuse container storage lots, donation collection bins and bulk refuse containers required to obtain a site cleanliness license. (3) Interference with inspection. If any owner, occupant or other person refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to the site, operation or premises where inspection is authorized by this Subsection, the Inspectional Services Department may seek in a court of competent jurisdiction an inspection warrant that allows for the inspection of the site and apprises the owner, occupant or other person concerning the nature of the inspection, the scope of the inspection and justification for it and may seek the assistance of the Police authorities in presenting said warrant. (H) Violation. The operation or maintenance of any establishment, donation collection bin or bulk refuse container governed by this Subsection without a site cleanliness license; the failure to operate or maintain the same in accordance with a validly issued site cleanliness license; and the interference with an inspection, including inspections conducted a pursuant to a validly issued inspection warrant. (I) Service of notice of violation. Notice of violation shall be served on all owners, operators and all other persons responsible for the operation and maintenance of the establishment, bulk refuse container storage lot or bulk refuse container. Notice of violation shall be served on the operator of the donation collection bin. The notice of violation shall be served in the following manner: (1) Personally, by any person authorized to serve civil process; (2) By any person authorized to serve civil process by leaving a copy of the notice of violation at the last and usual place of abode of the violator; (3) By sending a copy of the order by registered or certified mail, return receipt requested, if within the commonwealth; or (4) If the last and usual place of abode of the violator is unknown or outside the commonwealth, by posting a copy of the notice of violation in a conspicuous place on or about the premises and by advertising it for at least three out of five consecutive days in one or more newspapers of general circulation within the city. (J) Administrative hearings. (1) Right to hearing. Any person upon whom a notice of violation has been served may request a hearing from the Inspectional Services Department by filing a written petition requesting a hearing on the matter with the Department within seven days after the day the notice of violation was served. (2) Hearing notice. Upon receipt of a petition, the Inspectional Services Department shall inform the petitioner of the date, time and place of the hearing in writing. (3) Time for hearing. The hearing shall commence within 30 days after the day on which the notice of violation was served. The time period in which the cited violations must be remedied shall be stayed upon receipt of the petition for a hearing until such time as the hearing is held. (4) Hearing of petitioner. At the hearing, the petitioner shall be given an opportunity to be heard, to present witnesses or documentary evidence and to show why the notice of violation should be modified or withdrawn. An official record shall be kept of the hearing proceedings and made available to the petitioner upon request. Failure to hold a hearing within the time period specified herein shall not affect the validity of any notice of violation. (5) Final decision after hearing; failure to comply with final order. (a) Within seven days after the conclusion of the hearing, the Inspectional Services Department shall sustain, modify or withdraw the notice of violation and shall inform the petitioner in writing of its decision and the reasons therefore. If the Department sustains or modifies the notice of violation, said violation shall be remedied within the time period allotted in the original notice of violation or in the modification. (b) If a written petition for a hearing is not filed with the Inspectional Services Department within seven days after the notice of violation has been served, or if after a hearing the notice of violation has been sustained in any part, each day’s failure to comply with the notice of violation within the time allotted as issued or modified shall constitute an additional offense. (K) Judicial appeals. Any person aggrieved by a final decision of the Inspectional Services Department with respect to the denial of a site cleanliness license, the revocation of a site cleanliness license, the issuance of a notice of violation or any other order issued under this Subsection by the Inspectional Services Department, may seek relief therefrom in any court of competent jurisdiction as provided by the laws of the commonwealth. (L) Penalties. (1) Failure to obtain site cleanliness license. If a person operates an establishment, bulk refuse container storage lot, donation collection bin or bulk refuse container without first obtaining a site cleanliness license, the Commissioner of Inspectional Services may seek an injunction from a court of competent jurisdiction prohibiting the operation of the establishment, bulk refuse container storage lot, donation collection bin or bulk refuse container until a site cleanliness license is secured. (2) Failure to comply with terms of site cleanliness license. If a licensee fails to comply with the terms of a site cleanliness license, the Commissioner of Inspectional Services may suspend the site cleanliness license, after an administrative hearing, and seek an injunction from a court of competent jurisdiction prohibiting the operation of the establishment, bulk refuse container storage lot, donation collection bin or bulk refuse container until the licensee proves to the court its compliance with the site cleanliness license. If a licensee fails to comply with the terms of the site cleanliness license three times in the preceding 12-month period, the Commissioner of Inspectional Services may suspend, cancel or revoke the site cleanliness license after an administrative hearing. In the event of suspension or cancellation of the site cleanliness license, other municipal Agencies issuing licenses will be so notified. (3) Failure to comply with notice of violation. Any person who fails to comply with any notice of violation or other order issued pursuant to this Subsection by the Inspectional Services Department, or its duly appointed Agents or representatives, shall be fined $1,000 per violation per day. Each day’s failure to comply with a notice of violation or any other order shall constitute a separate violation. Notwithstanding, any person who operates a donation collection bin and fails to comply with any notice of violation or other order issued pursuant to this Subsection by the Inspectional Services Department, or its duly appointed Agents or representatives, shall be fined $100. (4) Interference after inspection warrant presented. Any owner, occupant or other person who refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to every part of the structure, site, operation or premises where inspection is sought under this Subsection after an inspection warrant has been obtained and presented in accordance with division (G)(3) above, shall be fined $1,000. (5) Fines. All fines and penalties assessed and collected under this Subsection may be enforced pursuant to M.G.L. Chapter 40, Section 21D. (M) Site cleanliness license fee. The fee for the site cleanliness license shall be $50. In the case of operators of donation collection bins updating their site cleanliness license during the valid annual license period, the fee shall be $10. (N) Term of license. The term of each license shall be one year. Annually on a date set by the Commissioner, all persons who operate or maintain food/beverage establishments, automotive establishments, bulk refuse container storage lots, donation collection bins and bulk refuse containers shall file, renew or amend a Site Cleanliness Plan and obtain a new site cleanliness license. Operators of donation collection bins shall not be required to submit a Site Cleanliness Plan. (O) Severability. If any Section provided for under this Subsection shall be declared invalid for any reason whatsoever, that decision shall not affect any other portion of this Subsection, which shall remain in full force and effect; and to this end the provisions of this Subsection are hereby declared severable. (P) Regulatory authority. The Commissioner of Inspectional Services shall have the authority to promulgate rules and regulations necessary to enforce this Subsection. (Q) Delegation of authority. The Commissioner of Inspectional Services may delegate enforcement of this Subsection to any City Department authorized to enforce public safety, health or environmental laws and regulations. (CBC 1985 9-9.8; Ord. 1999 c. 5; Ord. 2008 c. 15; Ord. 2010 c. 3)

Boston Municipal Code § 9-9.9 Auto Shops Licenses.

9-9.9 Auto Shops Licenses. No person shall operate or maintain an automotive establishment without first obtaining the auto shops license required by this Section or unless the same is maintained in accordance with said license and any regulation promulgated hereunder. (A) Definitions. For the purpose of this Subsection, the following definitions shall apply unless the context clearly indicates or requires a different meaning. AUTOMOTIVE ESTABLISHMENTS. Auto body shop, car wash, garage, gasoline station, motor vehicle repair garage or lot, retail business establishment or other place for the sale, service, repair or installation of new or used motor vehicles, new or used motor vehicle parts, new or used tires or new or used motor vehicle accessories, whether or not the vehicles are serviced or parts or accessories are installed or used on or off the premises. CEASE AND DESIST ORDER. A serious enforcement action, which requires the wrongful party to halt production, service or a particular practice at its facility. CLASS I, II AND III LIQUIDS. The commonwealth’s Board of Building Regulations and Standards has classified flammable and combustible liquids as Class IA, IB, IC, II and III based on the temperature at which the liquids give off enough vapors to cause a fire hazard. The Occupational Safety and Health Administration (“OSHA”) has developed specific regulations regarding the storage of these liquids. COMBUSTIBLE LIQUID. Any liquids having a flash point at or above 100°F shall be known as Class II or Class III liquid. Combustible liquids shall be divided into the following classifications: (a) CLASS II. Liquids having flash points at or above 100°F and below 140°F; (b) CLASS IIIA. Liquids having a flash point at or above 140°F and below 200°F; and (c) CLASS IIIB. Liquids having a flash point at or above 200°F. CONTINGENCY PLAN. A document setting out an organized, planned and coordinated course of action to be followed in case of fire, explosion or other accident that releases toxic chemicals, hazardous waste or radioactive materials that threaten human health or the environment. CUTTING AND WELDING. An auto body repair activity that can create noxious fumes and potentially release metal fines and sparks to the environment. ENGINEERING CONTROLS. Mechanical controls and equipment that are designed to protect worker health and safety (such as ventilation, alarms and filters). ENVIRONMENTAL, HEALTH AND SAFETY (“EHS”) PROGRAM. A program developed by a workplace or business to protect the environment and worker safety. An EHS PROGRAM incorporates and implements procedures that help ensure chemicals and activities are managed in a safe and environmentally sound manner. ENVIRONMENTAL LIABILITY. The legal liability that a company or a person incurs if it owns or operates a shop that violates an environmental law or causes damage to the surrounding environment as a result of the company’s or person’s operations. FLAMMABLE LIQUID. A liquid that has a flash point below 100°F and has vapor pressure not exceeding 40 pounds per square inch (PSI) at 100°F. HAZARDOUS AIR POLLUTANT (“HAP”). Air pollutants that are not covered by ambient air quality standards but which reasonably may be expected to cause or contribute to irreversible illness or death, according to the Clean Air Act amendments, being 42 U.S.C. §§ 7401 et seq. Such POLLUTANTS include: benzene, chromium compounds, hexane, methyl isocyanates, styrene, toluene and vinyl chloride. HAZARD ASSESSMENT. The review and evaluation of a shop’s operations for potential health injuries or disease that may be caused by a chemical, process or facility design and the conditions of exposure under which such health effects are produced. This ASSESSMENT is used to identify appropriate precautions that workers should take when performing certain shop activities. HAZARD COMMUNICATION PROGRAM. An OSHA-required program developed by a firm or workplace which identifies potential hazards associated with workplace activities and outlines procedures that will be undertaken by all employees to prevent injury and in the event of a chemical exposure or accident. HAZARDOUS WASTE. Waste generated by a business or residence that can pose a substantial or potential hazard to human health or the environment when improperly managed. These are defined as wastes that possess at least one of the four characteristics (ignitability, corrosivity, reactivity or toxicity) or wastes that are determined to be hazardous by definition and are listed as such by EPA or states. HAZARDOUS WASTE GENERATOR. Any facility that generates waste. GENERATORS are regulated based on how much waste they generate. HAZARDOUS WASTE MANIFEST. A multi-part form that is used to track each hazardous waste shipment from its point of generation to its ultimate disposal or treatment. The use of these forms is required under EPA or DEP hazardous waste requirements. These forms list the generator identification number, the name of the waste generator, all waste transporters, the name of the designated receiving facility and the quality and type of hazardous waste being shipped. IMMINENT THREAT OR HAZARD. An activity or condition that poses an immediate danger to human health or the environment. LOT. A parcel of land including land under water, whether or not platted, in single ownership, and not divided by a street. MATERIAL SAFETY DATA SHEETS (“MSDS”). Printed documents generated by chemical manufacturers that describe the contents of a material, its hazards, appropriate protection measures and other health and safety and emergency information. OIL-WATER SEPARATOR. Also called a grease trap or gas trap. Used to separate industrial wastewater before it is discharged to a floor drain, sanitary sewer, industrial septic system or the ground. The SEPARATOR physically removes the oil and particles from the wastewater because floating oil and particles will separate from the water in the unit. The sludge and oil must be collected and managed as a hazardous waste or oil waste. OPERATION HOURS. The daily time period during which the licensed automotive establishment conducts and provides services to the public. PERSONAL PROTECTIVE EQUIPMENT (“PPE”). Any health and safety equipment used to protect workers from potentially harmful materials or activities. PPE includes goggles, gloves, respirators, steel-toed boots, earplugs and more. POLLUTION PREVENTION (“P2”). The implementation of activities or practices that avoid the use and generation of environmentally harmful materials. Common P2 activities include reducing toxics use, using non-toxic alternatives, improving efficiency and therefore reducing waste, recycling or reusing materials and modifying operations to avoid the need for materials that are, or may become, environmentally harmful. REACTIVE WASTE. Waste that is capable of reacting with other chemicals, is normally unstable and can undergo violent changes with or without exploding. A REACTIVE WASTE may respond violently with water and may generate toxic gas, vapor or fumes when mixed with water. REPORTABLE QUANTITY (“RQ”). The amount of oil or hazardous material released to the environment that would require you to notify the proper authorities. SATELLITE ACCUMULATION AREA. Area where hazardous waste is accumulated in a container until the container becomes full and is moved to a hazardous waste storage/accumulation area. Waste in this AREA must be at, or near, the point of generation and under the control of the process operator at all times. SPRAY AREA. Any area where dangerous quantities of flammable or combustible vapors, mists, residues, dusts or deposits are present due to the operation of spray painting or coating processes. According to NFPA Code 33, the SPRAY AREA includes areas inside the spray booth or spray room, as well as ducts exhausting from spray-painting process. When spray areas are not confined adequately, the SPRAY AREA may extend out to the entire room. SPRAY BOOTH. A structure which encloses a spraying operation to limit the escape of spray, vapor and residue, and which conducts these materials to an exhaust system. A SPRAY BOOTH is fully enclosed, ventilated and equipped with fire prevention and safety equipment. Generally a SPRAY BOOTH has three walls and one open side. TOXIC WASTE. A waste that can produce injury if inhaled, swallowed or absorbed through the skin. VIOLATION. The operation or maintenance of any establishment governed by this Section without an auto shops license; the failure to operate or maintain the same in accordance with a validly issued auto shops license; and the interference with an inspection conducted pursuant to a validly issued inspection warrant. VOLATILE ORGANIC COMPOUNDS (“VOCS”). Any organic compound that can alter the chemical makeup of the atmosphere through photochemical reactions. These COMPOUNDS are called volatile because they can become a vapor at room temperature and pressure. Most paints and solvents used in auto body shops contain VOCS. (B) Applicability; zoning review. The auto shops license shall apply to all existing and future automotive establishments located within the city. After an auto shops license application has been submitted to the Inspectional Services Department, a complete plan review shall be conducted to ensure the establishment is in compliance with the Zoning Code. If proper zoning is not met, the application must be submitted to the Boston Zoning Board of Appeal for a variance. (C) License required for auto shops establishments. No automotive establishment shall operate without first obtaining an auto shops license from the Commissioner of Inspectional Services. If the Commissioner of Inspectional Services determines that a submitted auto shops license application is accurate and adequate to keep the site free of hazardous waste or like material that is injurious to the public health, safety and environment, the Commissioner shall issue an auto shops license for the establishment. Performance of the activities scheduled in the auto shops plan shall be a condition of the license and nonperformance of the activities scheduled in the auto shops plan shall be a violation of the license and conditions of this Section. All auto shops shall operate using best industry practices during the allowed hours of operation indicated in their licenses. (D) Contents of license application. A complete auto shops license application consists of a completed application form and an auto shops plan attached thereto. The auto shops application form shall be in a form approved by the Commissioner. An auto shops plan shall, at a minimum, include the following information: (1) The address where the establishment is located; (2) The name, address and telephone number of the owner of the establishment; (3) The name, address and telephone number of the operator of the establishment; (4) A weekly schedule detailing the time and days of the week of the operation hours for the automotive establishment; (5) A weekly schedule detailing the times and days of the week for cleaning and maintaining the establishment free of waste and hazardous material; (6) The name of a supervisor responsible for overseeing the cleaning and maintenance of the shop; (7) The name and address of the waste hauling company responsible for servicing the establishment; (8) The date, time and frequency of service by the waste hauling company; (9) Any and all permits and/or licenses issued by the Department of Environmental Protection relating to the management, storage and disposal of solid wastes and hazardous materials and hazardous wastes generated, stored or disposed on site; (10) Any and all permits and/or licenses issued by the Public Safety Committee; (11) Any and all permits and/or licenses issued by the Boston Police Department; (12) Any and all permits and/or licenses issued by the Inspectional Services Department; (13) Any and all permits and/or licenses issued by the Public Works Department; (14) Any other information required by the Inspectional Services Department to ensure the site is maintained in a sanitary condition free of solid waste, hazardous materials or like material that is injurious to the public health, safety and environment; and (15) Any and all permits and/or licenses issued by the Boston Public Health Commission. (E) Posting requirements. The auto shops plan and auto shops license shall be posted in a conspicuous place on the premises in public view. (F) Inspections. (1) Authority. In order to properly carry out their respective responsibilities under this Section, and to ensure that the public health, safety and environment are protected from the hazards posed by unsanitary and unhealthy conditions, the Inspectional Services Department is authorized to enter, examine or survey at any reasonable time all establishments licensed hereunder. (2) Systematic area inspections. The Inspectional Services Department is authorized to develop and adopt plans for systematic, periodic area-wide inspections of establishments required to obtain an auto shops license. (3) Interference with inspector. If any owner, occupant or person refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to the site, operation or premise where inspection is authorized by this Section, the Inspectional Services Department may seek in a court of competent jurisdiction an inspection warrant that allows for the inspection of the site and surprises the owner, occupant or other person concerning the nature of the inspection, the scope of the inspection and the justification for it and may seek the assistance of the Police authorities in presenting said warrant. (G) Violation. The operation or maintenance of any establishment governed by this Section without an auto shops license; the failure to operate or maintain the same in accordance with a validly issued autoshops license and auto shops plan; and the interference with an inspection conducted pursuant to a validly issued inspection warrant. (1) Regulation. No fine shall be issued under the auto shops license but shall be issued under the commonwealth’s Sanitary Code M.G.L. Chapter 111, Sections 122, 123 and 125. (2) Time frame. After an auto shops establishment has been cited, by the Commissioner of Inspectional Services or his or her designee, for failure to comply with a validly issued auto shops license the owner, occupant or person responsible for the operation or maintenance of the establishment shall have seven days in which to comply, or, in an emergency, as determined by the inspector from Inspectional Services, 24 hours. (3) Fine schedule. Citations for failure to comply with this Section will be issued by ISD through a code enforcement ticket. A clearly defined and progressive fine schedule would result in the following: First offense | $100 Second offense | $250 Third and subsequent offenses | $500 (H) Service of notice of violation. Notice of violation shall be served on all owners, operators and on all other persons responsible for the operation and maintenance of the establishment. The notice of violation shall be served in the following manner: (1) Personally, by any person authorized to serve civil process; (2) By any person authorized to serve civil process by leaving a copy of the notice of violation at the last and usual place of abode of the violator; (3) By sending a copy of the order by registered or certified mail, return receipt requested, if within the commonwealth; or (4) If the last and usual place of abode of the violator is unknown or is outside the commonwealth, by posting a copy of the notice of violation in a conspicuous place on or about the premises and by advertising it for at least three out of five consecutive days in one or more newspapers of general circulation within the city. (I) Administrative hearings. (1) Right to hearing. Any person upon whom a notice of violation has been served may request a hearing from the Inspectional Services Department by filing a written petition requesting a hearing on the matter within the Department within seven days after the day the notice of violation was served. (2) Hearing notice. Upon receipt of a petition, the Inspectional Services Department shall inform the petitioner of the date, time and place of the hearing in writing. (3) Time for hearing. The hearing shall commence within 30 days after the day on which the notice of violation was served. The time period in which the cited violations must be remedied shall be stayed upon receipt of the petition for a hearing until such time as the hearing is held. (4) Hearing of petitioner. At the hearing, the petitioner shall be given an opportunity to be heard, to present witness or documentary evidence and to show why the notice of violation should be modified or withdrawn. An official record shall be kept of the hearing proceedings and made available to the petitioner upon request. Failure to hold a hearing within the time period specified herein shall not affect the validity of any notice of violation. (5) Final decision after hearing; failure to comply with final order. (a) Within seven days after the conclusion of the hearing, the Inspectional Services Department shall sustain, modify or withdraw the notice of violation and shall inform the petitioner, in writing, of its decision and the reasons therefor. If the Department sustains or modifies the notice of violation, said violation shall be remedied within the time period allotted as issued or in the modification. (b) If a written petition for a hearing is not filed with the Inspectional Services Department within seven days after the notice of violation has been served, or if, after a hearing, the notice of violation has been sustained in any part, each day’s failure to comply with the notice of violation within the time allotted as issued or modified shall constitute an additional offense. (J) Judicial appeals. Any person aggrieved by a final decision of the Inspectional Services Department with respect to the denial of an auto shops license, the revocation of an auto shops license, the issuance of a notice of violation, or any other order issued under this Section by the Inspectional Services Department, may seek relief therefrom in any court of competent jurisdiction as provided by the laws of the commonwealth. (K) Penalties. (1) Failure to obtain an auto shops license. If a person operates an automotive establishment without first obtaining an auto shops license, the Commissioner of Inspectional Services may seek an injunction from a court of competent jurisdiction prohibiting the operation of the establishment until an auto shops license is secured. (2) Failure to comply with terms of the auto shops license. If a licensee fails to comply with the terms of an auto shops license, the Commissioner of Inspectional Services may suspend the auto shops license, after an administrative hearing, and seek an injunction from a court of competent jurisdiction prohibiting the operation of the establishment until the licensee proves to the court its compliance with the auto shops license. If a licensee fails to comply with the terms of the auto shops license three times in the proceeding year, the Commissioner of Inspectional Services may suspend, cancel or revoke the auto shops license after an administrative hearing. In the event of suspension or cancellation of the auto shops license other municipal Agencies issuing licenses will be so notified. (3) Failure to comply with notice of violation. Any person who fails to comply with any notice of violation or other order issued pursuant to this Section by the Inspectional Services Department, or its duly appointed Agents or representatives, shall be fined $1,000 per violation per day. Each day’s failure to comply with a notice of violation or any other order shall constitute a separate violation. (4) Interference after inspection warrant presented. Any owner, occupant or other person who refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to every part of the structure, site operation or premises where inspection is sought under this Section after an inspection warrant has been obtained and presented in accordance with division (F)(3) above, shall be fined $1,000. (5) Fines. All fines and penalties assessed and collected under this Section may be enforced pursuant to M.G. L. Chapter 40, Section 21D and will remain the property of ISD. (L) Auto shops license fee. The fee for the auto shops license shall be $100. It is renewable on an annual basis and requires a compliance inspection for the license to be issued. (M) Term of license. The term of each license shall be one year. Annually on the date set by the Commissioner, all persons who operate or maintain automotive establishments shall file, renew or amend an auto shops plan and obtain a new auto shops license. (N) Severability. If any Subsection provided for under this Section shall be declared invalid for any reason whatsoever, that decision shall not affect any other portion of this Section, which shall remain in full force and effect; and to this end the provisions of this Section are hereby declared severable. (O) Regulatory authority. The Commissioner of Inspectional Services shall have the authority to promulgate rules and regulations necessary to enforce this Section. (P) Delegation of authority. The Commissioner of Inspectional Services may delegate enforcement of this Section to any City Department authorized to enforce public safety, health or environmental laws and regulations. (CBC 1985 9-9.9; Ord. 2006 c. 9)

Boston Municipal Code § 9-9.10 Inspection of Pool Roofs and Ceilings.

9-9.10 Inspection of Pool Roofs and Ceilings. (A) Definitions. For the purpose of this Subsection, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CONSTRUCTED SWIMMING POOL. Any swimming pool which has been built, erected or fabricated primarily with manufactured building materials including, but not limited to: cement, concrete, steel, tile, fiberglass or any combination thereto; and which possesses a water filtration, treatment, circulation or drainage system. ENCLOSED SWIMMING POOL. Any constructed swimming pool which has above it any type of roof, ceiling or other covering. PRIVATE SWIMMING POOL. Any constructed swimming pool which is used, or which is built for use, in connection with a family residence consisting of not more than three individual residential units and available only to the family of the householder and his or her private guests. PUBLIC AND SEMI-PUBLIC SWIMMING POOL. Any constructed swimming pool which is not a private swimming pool. (B) Special permit required for use or operation of public or semi-public enclosed swimming pool. (1) No person or entity shall open, operate or allow the use of a public or semi-public enclosed swimming pool unless he or she possesses a current and valid special permit from the Commissioner of the city Inspectional Services Department (“Commissioner” (2) The Commissioner shall issue such special permit only after he or she has received satisfactory proof of inspection by a registered engineering firm which attests to the structural soundness of the roof, ceiling or other covering over the pool. The Commissioner shall have the authority to evaluate the sufficiency of any such proof and to refuse to issue a special permit if, in his or her sole discretion, he or she determines such proof to be insufficient or such attestation to be inaccurate. (3) The Commissioner shall also have the authority to inspect the roof, ceiling or other covering of a public or semi-public enclosed swimming pool before issuing or renewing a special permit. The special permit required under this Section is in addition to, and not in lieu of, any other permits or licenses which may be required by the Inspectional Services Department or other public authorities with respect to swimming pools. (C) Term of permit. (1) A special permit shall expire one year from the date of issuance and may be renewed on the same terms and in the same manners as the original issuance. (2) Any person or entity who continues to operate or allow the use of a public or semi-public enclosed swimming pool in violation of this Subsection shall be assessed a fine pursuant to M.G.L. Chapter 40, Section 21 in the amount of $25 for each day of non-compliance. The Commissioner is authorized to impose such a fine and to pursue any other available legal or equitable remedies for violation of this Subsection. (CBC 1985 9-9.10; Ord. 1989 c. 11 § 1)

Boston Municipal Code § 9-9.11 Window Falls Prevention Program in the Department of Health and Hospitals.

9-9.11 Window Falls Prevention Program in the Department of Health and Hospitals. (A) Definitions. For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CHILD. A person age six years or under. BOARD. The Board of Health and Hospitals. DEPARTMENT. The Department of Health and Hospitals. INSTALLATION. The proper equipping of windows with window safety guards in accordance with regulations issued by the Board of Health and Hospitals. OWNER. A person, who alone or severally has legal titles, or has charge or control in any capacity including, but not limited to, agent, executor, administrator, trustee or guardian; or any officer or trustee of a real estate trust or association of unit owners. TENANT. A lessee, or other regular occupant of a dwelling unit with or without a lease. WINDOW SAFETY GUARD. A device designed to restrict passage or access through a window of a child age six or under. (B) Established. There shall be a Window Falls Prevention Program established within the Department of Health and Hospitals. The purpose of said program shall be as follows: educating the public about the danger to children, age six years and under, of falling from windows; and encouraging the voluntary installation by owners of window safety guards on windows in dwellings occupied by children age six years and under. (C) Information and Assistance to Public. The Program shall conduct city-wide education and outreach efforts promoting awareness about the dangers to children, age six years and under of falling from open or otherwise unprotected windows. Information and technical assistance shall be made available to the public on the steps and devices that may mitigate this serious problem. The Program shall work with any and all existing Agencies and Departments involved with children in its outreach efforts. The Window Falls Prevention Program will also encourage owners to voluntarily install window safety guards on windows in the dwellings occupied by children age six years and under. (CBC 1985 9-9.11; Ord. 1994 c. 19 §§ 1-3)

Boston Municipal Code § 9-9.12 Inspection of Exterior Walls and Appurtenances of Buildings Requiring Periodic Inspection.

9-9.12 Inspection of Exterior Walls and Appurtenances of Buildings Requiring Periodic Inspection. (A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CERTIFICATE OF OCCUPANCY. A document issued by the Department pursuant to 780 CMR 111. COMMISSIONER. A Commissioner of the Inspectional Services Department or a designee. DEPARTMENT. The City Inspectional Services Department. EXTERIOR WALL AFFIDAVIT. An affidavit submitted by a building owner along with an exterior wall inspection report, on a form provided by the Department. EXTERIOR WALL CERTIFICATE. A certificate issued by the Commissioner certifying that an exterior wall inspection report and affidavit has been submitted to the Department by a building owner showing proof of inspection and that the building is in a safe condition. EXTERIOR WALL INSPECTION REPORT. A written report by a registered professional certifying the results of the examination clearly documenting the condition of the exterior walls and appurtenances thereto. The REPORT shall include a record of all significant deterioration, unsafe conditions and movement observed as well as a statement regarding the water tightness of the exterior surfaces, as described in division (E) below. Such report must be signed by, or bear the professional seal of, the registered architect or engineer. EXTERIOR WALLS AND APPURTENANCES. (a) Any exterior wall of a building over 70 feet in height, or classified as a high rise structure; or (b) Any exterior wall of an unoccupied building, of over 35,000 cubic feet and excluding residential buildings that are classified as three-family, two-family or single-family except as required by the Commissioner. REGISTERED PROFESSIONAL. A commonwealth-licensed professional engineer experienced in the practice of structural engineering or a licensed registered architect knowledgeable in the design, construction and inspection of building facades. SAFE. A condition of a building wall or any appurtenance thereto that is neither an unsafe condition nor safe with a repair and maintenance program. SAFE WITH A REPAIR AND MAINTENANCE PROGRAM. A condition of a building’s exterior wall or any appurtenance thereto or any part thereof that the registered professional does not consider unsafe at the time of inspection, but requires repairs or maintenance within a time period designated by the professional in order to prevent its deterioration into an unsafe condition. SUBSTANTIAL IMPROVEMENT. Alterations or repairs to be made to a structure and its facade within any period of 12 months, if such alterations or repairs cost more than 50% of the physical value of the structure or structures. Physical value shall be based on the assessed value, as recorded on the assessment rolls of the city as of the January 1 preceding the date of the filing of an application for a building permit with the Inspectional Services Department. UNSAFE CONDITION. A condition of a building’s exterior wall or any appurtenance thereto or part thereof that is dangerous to persons or property and requires prompt remedial action. (B) Periodic inspections, reports required. (1) Every exterior wall defined above shall be inspected in the case of an occupied structure at least once every five years and in the case of an unoccupied structure at least once a year. Provided, however, that any building that has been substantially improved within the preceding five years, shall not be required to be inspected for the purpose of complying with this Subsection, for ten years following the issuance of a Certificate of Occupancy by the Department. (2) The inspection shall be made and a report thereon prepared by a registered professional and shall be filed with the Commissioner together with a fee in the amount of $200 within 30 days of the inspection. (3) The Commissioner shall issue an exterior wall certificate only after having received satisfactory proof of inspection and the inspection report of the registered professional that said exterior wall is deemed to be in a safe condition. No structure referenced in said Section shall be occupied without such certificate. Prior to issuing a certificate, the Commissioner may in the Commissioner’s discretion require inspection by the Department at a charge of $200 which must be paid prior to issuance of the certificate. (4) Upon the filing of an inspection report indicating the existence of an unsafe condition, the Commissioner shall affix the appropriate violation on the structure and the owners, or agent, shall immediately commence repairs to remedy the violation and obtain all necessary permits for such repair work. (C) Compliance and interaction with other laws. The exterior wall certificate required under this Section is in addition to, and not in lieu of, any other permits or licenses which may be required by the Inspectional Services Department or other public authority concerning occupation or operation of the building or structure. (D) Inspection procedures. (1) Before proceeding with inspection of a building falling under the requirements of this Section, the registered professional shall review previous reports, inspections and evidence of repairs made in the past five-year period, including confirmation that all areas previously determined to require remediation in less than five years (as noted in any previous report) have been addressed. (2) The inspection shall be conducted by or under the supervision of the registered professional, and performed to the best of his or her knowledge and belief. The registered professional shall determine the extent of the inspection required, based upon the known history of the building, the nature of the materials used and the conditions observed. The registered professional shall determine methods employed in the inspection, but need not be physically present at the location where the inspection is made. (3) The methods used to inspect a building shall permit a physical, hands-on inspection of the building. The registered professional may use other methods of inspection as deemed appropriate, including the use of digital imaging, video and drone technology appropriate to complete a comprehensive inspection, except that a physical inspection from a scaffold or other observation platform is required for a representative sample of the exterior wall. The registered professional shall determine what constitutes a representative sample. (4). The registered professional shall employ the appropriate professional standard of care to detect distressed and questionable structural conditions such as delaminating, separating, splitting or fracturing of material or components as well as movement or displacement indicative of unsound facade materials or loss of structural support. If a distressed condition is identified, the registered professional shall order any other inspections and/or tests that may be required to determine the significance and probable cause of the observed distress. (5) During the course of the inspection, photographs shall be taken and/or sketches made to properly document the location of all conditions observed that are either unsafe or safe with a repair and maintenance program. (6) Upon discovery of any unsafe condition the registered professional shall immediately notify the owner of the building by electronic mail; and shall, within 12 hours of discovery, notify the Commissioner in writing and in an electronic format determined by the Commissioner. (E) Report requirements. (1) The report shall include, on the front page, the name and license number of the registered professional and shall be signed, sealed and dated by the registered professional in accordance with the professional registration laws of the commonwealth, and shall include: (a) The address and the location from the nearest intersection; (b) The name, mailing address, telephone number and email address of the owner of the building and of the owner’s Agent or person in charge, possession or control of the building, if any; (c) A description of the building, including number of stories, height, plan dimensions, usage, age and type of exterior wall construction and system of water management; (d) A brief history of any settlements, repairs, revisions to exterior enclosures, if available; (e) The date of the start and completion of the inspection, a detailed description of the procedures used in making the inspection and the extent and location of all physical inspections performed; (f) A report of all conditions including, but not limited to, significant deterioration and movement observed as well as a statement concerning the apparent water-tightness of the exterior surfaces, and the deleterious effect of exterior appurtenances, including exterior fixtures, flagpoles, signs, parapets, copings, guard rails, window frames (including hardware and lights), window guards, window air conditioners, flower boxes and similar items. The report shall classify each such condition as safe, unsafe or safe with a repair and maintenance program; (g) The probable causes of the reported conditions; (h) The status of the exterior maintenance; (i) For any conditions listed in the previously filed report (if any), whether such conditions have been repaired and/or maintained as recommended in that report; (j) Recommendations for repairs or maintenance, if appropriate, including the recommended time frame for the repairs or maintenance to be performed; (k) The classification of the building according to the following scheme: 1. “Unsafe”, if there is at least one unsafe condition; 2. “Safe with a repair and maintenance program”, if there is a condition that is “safe with repair and maintenance program” and there are no unsafe conditions; and 3. “Safe”, in all cases other than in divisions (E)(1)(k)1. or (E)(1)(k)2. above. (l) Photographs and/or sketches documenting the locations of any conditions that are either unsafe or safe with a repair and maintenance program; (m) A statement by the registered professional indicating which repairs and/or maintenance require the obtaining of work permits prior to their commencement; (n) A statement signed by the owner or Agent of the building, acknowledging receipt of a copy of the report and acknowledging all required repairs and/or maintenance (if any) and the recommended time frame for performing such repairs and/or maintenance; (o) The registered professional’s certification that the physical inspection was performed in accordance with applicable rules and regulations and within the appropriate professional standard of care; (p) The registered professional’s seal and signature; and (q) Such other matters as the Commissioner may by regulation require. (2) The registered professional may submit an amended report within 30 days of the initial submission. The amended report shall clearly indicate any change from the initial report and all reasons for such changes. (F) Unsafe conditions. (1) Within 24 hours of being notified of an unsafe condition by a registered professional, the owner of a building shall take any actions necessary to protect public safety, such as erecting sidewalk sheds, fences and/or safety netting. Such actions shall be considered as an effort to remedy an emergency situation and appropriate permit applications shall be submitted within the next three days to the Commissioner. (2) Within ten days of the receipt or filing of a report identifying an unsafe condition, the owner of a building shall commence work to correct the condition and work shall continue without interruption until the unsafe condition has been corrected, unless there has been an unforeseen delay (e.g., weather, labor strike). Work to correct an unsafe condition shall take priority over any other permitted work at the building. Within two weeks after the unsafe condition has been corrected, the registered professional shall reinspect the building and file with the Commissioner a detailed amended report stating the condition of the building. (G) Conditions that are safe with a repair and maintenance program. The owner of the building is responsible for ensuring that the conditions described in the report as “safe with a repair and maintenance program” are repaired and the actions identified by the registered professional are completed within the time frame designated by the registered professional or by such time necessary to prevent a condition from becoming an unsafe condition, whichever is sooner. (H) Violations. (1) Any person or entity being the assessed owner (which shall include any trustee of a trust) or being the person in control of a structure requiring an exterior wall certificate who shall fail to have the structure inspected or fail to file the inspection report with the required fee or who shall suffer occupancy of such a structure without a valid certificate shall be punished by a fine of $300. Each day that such violation exists shall constitute a separate offense. (2) Any unsafe condition that results from failure to follow a maintenance plan recommended by the registered professional shall constitute a violation of this Section and shall be punishable by a fine of $300. Each day that such violation exists shall constitute a separate offense. (3) The provisions of this Section may be enforced in accordance with the noncriminal disposition process of M.G.L. Chapter 40, Section 21D, and, if applicable, by seeking to restrain a violation by injunction. (4) The provisions of this Section may also be enforced according to M.G.L. Chapter 40U as accepted by the city, also known as the “Green Ticket” Law. (Ord. 1995 c. 8; Ord. 2022 c. 4 § 1)

Boston Municipal Code § 9-9.13 Regulating Access to Roof Areas of Buildings with Residential Units.

9-9.13 Regulating Access to Roof Areas of Buildings with Residential Units. (A) Purpose. (1) It is the intent of this Subsection to protect and preserve public safety, security and quiet enjoyment of occupants, abutters and neighborhoods by: (a) Discouraging the inappropriate use of flat roof areas of residential buildings; and (b) Regulating the use of and/or assembly of persons on flat roof areas and/or roof decks. (2) The Commissioner of the Inspectional Services Building Department has enforcement authority pursuant to M.G.L. Chapter 143, Section 3; the commonwealth’s Building Code, being 780 CMR; and the Zoning Code of the city. (B) Definitions. For the purpose of this Subsection, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CITY. The City of Boston. DOOR ALARM. A device which causes an alarm to sound whenever the door or hatchway to which it is attached is opened; provided that said device does not substantially impede the opening and closing of the door or hatchway. Any such device which can be temporarily deactivated through the use of a key, code or other such measure, shall be considered to be within this definition, notwithstanding the fact that it can be so deactivated; provided that the device is designed to automatically reactivate itself within a reasonable time after the deactivation event takes place. Signage on or near the device will warn users of the presence of the ALARM. INCLUDED STRUCTURE. Any residential structure with a roof deck as defined below; not including owner occupied one or two family structures. OWNER. Any person(s) or entity that owns a building in the city, The rights and duties of the OWNER hereunder shall also be the rights and duties of any person(s) or entity that manages or controls the building. ROOF ACCESS POINT. Any doorway, passageway or staircase through which access to any part of the roof of the building is provided that said door, passageway or staircase connects to a portion of the interior of the building to which one or more occupants has unimpeded access. ROOF DECK. A structure built on the roof of a building that is used for gardening, sunbathing and other passive recreational purposes. Flat roofs, or limited areas thereof, which do not have a structure built for such purposes but are accessible through a roof access point and could nevertheless be used for such purposes shall be included in this definition. (C) Roof deck permits. (1) Roof deck permits shall be obtained by an owner by submitting a building permit application to the Inspectional Services Department. The application shall contain any and all required plans, including, but not limited to, a land survey, framing plans and a report of a structural and safety evaluation performed and prepared by an architect or structural engineer registered/certified in the commonwealth; the structural and safety evaluation shall consider and evaluate the structural capacity of the roof and the safety features of the roof/roof deck including, but not limited to, handrails, guardrails, lighting and manner(s) of egress as may be required by the commonwealth’s Building Code or by the regulations of the Inspectional Services Department. (2) Notwithstanding the foregoing, no roof deck permit shall be required where: (a) The roof deck is a flat roof, or limited area thereof, which does not have a structure built for such purpose; and (b) The owner has either secured the roof access point(s) with a locking device(s) to the extent permitted by law or has installed a door alarm. (3) No roof deck may be issued a permit unless all legal requirements are met, such as zoning approval and landmark approval, as necessary; the applicant shall attach to the application copies of such approvals, if any. (4) No person may occupy, stand on, sit on or use a roof deck that has not been issued a permit by the Inspectional Services Department (except for performing maintenance). No person may encourage, allow or suffer an assembly of persons on a roof deck that has not been issued a permit by the Inspectional Services Department. Upon discovery of use or occupancy of a roof deck that does not have proof of a valid permit issued by the Inspectional Services Department, an Officer of the Boston Police Department or an inspector of the Inspectional Services Department shall order the roof deck vacated until the process outlined in this division (C). (5) The Inspectional Services Department shall have the discretion to establish the procedure by which compliance is determined, including, but not limited to, determining when, how and by which professionals such inspections are to be made, including the certified documentation that is to be required for compliance; provided that their policies are reasonably calculated to ensure that every included structure in the city is inspected for compliance at least once every five years. (D) Roof deck complaints. The Commissioner of Inspectional Services Department, or his or her designee, shall follow up on any credible complaint, to be defined by the Commissioner of the Inspectional Services Department, that a structure is being used as a roof deck in violation of this Section. Within three business days of receipt of a complaint under this Section, the Inspectional Services Department shall determine whether or not a permit has been issued for use as a roof deck. Upon investigation, if: (1) (a) No roof deck permit has been issued and the building is not otherwise in compliance as described in division (C) above, then a Building Inspector shall, by means of a building code violation order the owner to come into compliance by either applying for or securing a permit for a roof deck or otherwise complying into compliance by installing a locking device to the extent permitted by law or door alarm as described in division (C) above. (b) If the owner does not come into compliance within 30 days after the violation is issued, the Commissioner of Inspectional Services Department may file a complaint in Housing Court. Violations are written to the owner in the form of a building and/or zoning code violation and shall be subject to the penalties and fines of such building code and/or zoning code in addition to any penalties and fines authorized by this Section. (2) A valid roof deck permit has been issued and/or the roof deck is in compliance with this Section (as described in division (C) above) and other existing laws, then the matter may be turned over to the Boston Police Department for further investigation of the complaint; and (3) No roof deck permit has been issued and the building is not otherwise in compliance as described in division (C) above, and a second or subsequent credible complaint is received that a structure is being used as a roof deck in violation of this Section, then the owner will be ordered to come into compliance as described in division (D)(1) above and simultaneously issued a violation as described in division (D)(1) above. (E) Enforcement and penalties. Each and every violation of this Section or any regulations adopted hereunder is punishable by a fine of $300 for the first offense and $500 for each subsequent offense. A violation of this Section shall not be deemed to create any presumption of negligence by an owner. (F) Regulatory authority. The Commissioner of the Inspectional Services Department and the Commissioner of the Boston Police Department shall have the authority to promulgate rules and regulations necessary to implement and enforce this Section. (G) Severability. If any provision of this Section shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect. (H) Implementation. The provisions of this Section shall be effective 90 days after passage. (CBC 1985 9-9.13; Ord. 2007 c.12)

Boston Municipal Code § 9-9.14 Regulation of Student Housing.

9-9.14 Regulation of Student Housing. (A) Definitions. For the purpose of this Subsection, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BEDROOM. A room occupied for sleeping purposes in a dwelling unit and contains at least 70 square feet of floor space; a room occupied for sleeping purposes in a dwelling unit for more than one occupant shall contain at least 50 square feet of floor space for each occupant. STUDENT HOUSING. Any privately owned, non-owner occupied unit, building, structure, development or complex of one or more dwelling units in which the total number of full-time undergraduate students residing in the property exceeds the maximum occupancy of the total number of bedrooms in the properly as documented by the data provided to the City Clerk pursuant to the requirements of Sections 10-3 and 10-4 and analyzed by the city. UNIT. Shall be synonymous as dwelling unit, rental unit or condominium unit. (B) Registration and application for student housing Certificates of Occupancy. (1) Any property or unit owner of student housing as defined in this Section shall register and apply for a Certificate of Occupancy with the Inspectional Services Department and obtain an annual Certificate of Occupancy to operate student housing before September 1 of each calendar year of operation. The permit fee shall be $15 for each student housing unit. The permit fees shall be capped at a maximum of $2,500 per building and $5,000 per complex. (2) The Commissioner of Inspectional Services, or a designee, shall have the discretion to deny a Certificate of Occupancy for Student Housing based upon but not limited to, the following factors: (a) The property is subject to Subsection 9-1.3, commonly known as the rental registry ordinance, and is not registered; (b) One or more units in the property has outstanding sanitary, zoning, building or environmental code violations; (c) The properly or unit owner has any outstanding property taxes, city fees or fines; and (d) The property or unit owner holds any financial interest in a property designated as a Problem Property pursuant to Subsection 9-13.1. (3) The Commissioner of Inspectional Services, or designee, may issue a temporary certificate of occupancy at his or her discretion. (C) Penalties. Any person or entity found in violation of this Section shall be fined $300 per month beginning in the first month in which the unit is found to be in violation and continuing for each subsequent month thereafter until the unit is brought into compliance. Compliance shall constitute obtaining a Certificate of Occupancy for Student Housing. (D) Right of appeal. The provisions of this Subsection may be enforced in accordance with the non-criminal disposition process of M.G.L. Chapter 40, Section 21D; provided that this Section shall not preclude the city from proceeding to restrain a violation by injunction. The provisions of this Section may also be enforced in accordance with M.G.L. Chapter 40U. (E) Pilot Program. This Section shall be effective upon passage in order to establish a Pilot Program relating to student housing. The provisions of this subsection shall expire on September 30, 2016. (CBC 1985 9-9.14; Ord. 2016 c. 4 § 1)

Boston Municipal Code § 9-9.15 Retail Residential Kitchens.

9-9.15 Retail Residential Kitchens. (A) Definitions. For the purpose of this Subsection, the following definitions shall apply unless the context clearly indicates or requires a different meaning. COTTAGE FOOD OPERATION. A person who produces cottage food products only in the home kitchen of that person’s primary domestic residence. COTTAGE FOODS. Non-time/temperature control for safety baked goods, jams, jellies and other non-time/temperature control for safety foods produced in cottage food operations. Retail residential kitchens may not prepare finished products that require hot or cold holding for safety, including meat or fish that is raw or heat-treated, certain cut produce including melons, leafy greens and tomatoes. RETAIL RESIDENTIAL KITCHENS. Any cottage food operation that sells directly to the consumer, with respect to Zoning Code Article 2A which states that merchandise cannot be sold from the home in person. (B) Permits. (1) A retail residential kitchen permit shall be required for any resident who wishes to prepare cottage foods and other foods deemed to be admissible by Inspectional Services Department (“ISD”), such as juices or teas. Residents must apply for the permit through ISD. (2) The annual fee for a Retail Residential Kitchen permit shall be $100. (3) Applicants shall obtain all necessary permits and regulatory approvals that may be required to safely operate a retail residential kitchen. (C) Training and information. (1) ISD will ensure that residential kitchen permittees and anyone working in the kitchen is certified through a nationally accredited food safety certification exam organization recognized in the commonwealth and meets Massachusetts Food Allergens Awareness Training certification requirements. (2) ISD shall ensure all retail residential kitchen permittees receive training and any other necessary safety information regarding labor laws, fire safety and other related information as necessary. (3) The permittee shall sign and return all required certificates, trainings and informational packets as required by ISD. (D) Health Code Standards for permitted residential kitchens. All retail residential kitchen operations shall comply with commonwealth’s Sanitary Code 105 CMR 590. A physical copy of these guidelines shall be given to every permittee. (E) Compliance and enforcement. (1) Inspection. Retail residential kitchens shall receive annual inspections through the Health Division of the Inspectional Services Department (“ISD”), and shall comply fully with their rules and regulations. Retail residential kitchen may also be subject to random compliance inspections. (2) Requirement to include permit number on advertisements. The permit number issued by the Department shall be included on all advertisements promoting the Cottage Food Operation. (3) Signage. No exterior signage shall be allowed unless such signage is permitted under the city’s Zoning Code or Section 16-33. (4) Penalties. Any person found to be operating a Retail Residential Kitchen in violation of this Section or in violation of the terms of his or her permit may be subject to a fine of up to $300 per day. The Commissioner of Inspectional Services, or his or her designee, may issue a written warning, a notice of violation, a fine and/or suspension or revocation of permits. (5) Enforcement. The provisions of this Section may be enforced in accordance with the noncriminal disposition process of M.G.L. Chapter 40, Section 21D, and M.G.L. Chapter 40U as accepted by the city. (6) Notification. ISD shall, in coordination with the Office of Neighborhood Services or other related Department, give notice to the landlord, or other appropriate entity, that a retail residential kitchen exists at the permittee’s location. (F) Regulations. (1) The Commissioner of Inspectional Services shall promulgate rules and regulations necessary to implement and enforce the provisions of this Section. (G) Reporting. ISD shall prepare an annual report detailing the number of applicants, recipients of retail residential kitchen permits and other relevant information and submit it to the City Clerk. The City Clerk shall docket the report and include the docket on the agenda of the next-occurring meeting of the Boston City Council. This Section shall sunset on December 31, 2024. (CBC 1985 9-9.15; Ord. 2021 c. 4, § 1)
Source: City of Boston, Massachusetts, Boston Municipal Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/boston/latest/boston_ma/0-0-0-5837Fetched: 11/8/2026

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