Section
9-1 HOUSING INSPECTION DEPARTMENT
9-1.1 Board and Divisions
9-1.2 Powers and Duties
9-1.3 Inspection and Re-Inspection of Rental Units
9-1.4 Rental Dwelling Unit Delivery Standards
9-2 WEIGHTS AND MEASURES DIVISION
9-2.1 Weights and Measures Division
9-3 BUILDING DEPARTMENT
9-3.1 Duties of Building Commissioner
9-3.2 Street Numbers
9-3.3 Illumination of Residential Buildings
9-3.4 Building Limits
9-4 BOARD OF APPEAL
9-4.1 Board Members
9-4.2 Powers and Duties
9-5 ZONING COMMISSION
9-5.1 Board, Powers and Duties
9-5.2 Designating Zoning Commissioners as Special Municipal Employees
9-6 BEACON HILL ARCHITECTURAL COMMISSION
9-7 BACK BAY ARCHITECTURAL COMMISSION
9-8 BOARD OF EXAMINERS
9-8.1 Appointment, Term, Compensation
9-8.2 Powers and Duties
9-9 INSPECTIONAL SERVICES DEPARTMENT
9-9.1 Establishment
9-9.2—9-9.3 Reserved
9-9.4 Empowered to Accept Delegation
9-9.5 Board of Appeal and Board of Examiners
9-9.6 Administrative Units
9-9.7 The Building and Housing Inspection Departments
9-9.8 Site Cleanliness Licenses
9-9.9 Auto Shops Licenses
9-9.10 Inspection of Pool Roofs and Ceilings
9-9.11 Window Falls Prevention Program in the Department of Health and Hospitals
9-9.12 Inspection of Exterior Walls and Appurtenances of Buildings Requiring Periodic Inspection
9-9.13 Regulating Access to Roof Areas of Buildings with Residential Units
9-9.14 Regulation of Student Housing
9-9.15 Retail Residential Kitchens
9-10 ARSON PREVENTION COMMISSION
9-10.1 Composition of Commission
9-10.2 Powers and Duties
9-10.3 Other City Agencies
9-10.4 Rules and Regulations
9-10.5 Severability
9-11 SECURITY IN ELDERLY/HANDICAPPED HOUSING DEVELOPMENTS
9-11.1 Definitions
9-11.2 Security Requirements for Elderly/Handicapped Multi-Family Housing Developments
9-11.3 Criteria for a Security Plan
9-11.4 Process for Approval of a Security Plan
9-11.5 Protection from Rent Increases
9-11.6 Enforcement
9-11.7 Non-Liability of the City
9-11.8 Severability
9-12 SECURITY FOR STUDENT HOUSING
9-12.1 Definitions
9-12.2 Security Requirements for Student Housing Where There is Probable Cause to Believe That There is a Risk to the Occupants or Neighbors of Such Housing
9-12.3 Criteria for a Security Plan
9-12.4 Process for Approval of a Security Plan
9-12.5 Enforcement
9-12.6 Non-Liability of the City
9-12.7 Severability
9-13 PROBLEM PROPERTIES TASK FORCE
9-13.1 Establishing a Problem Properties Task Force
9-14 SHORT-TERM RESIDENTIAL RENTALS
9-14.1 Purpose
9-14.2 Definitions
9-14.3 Short-Term Residential Rentals in the City
9-14.4A Ineligible Residential Units
9-14.4B Residential Units Not Subject to Certain Provisions of this Chapter
9-14.5 Requirements for Short-Term Rentals
9-14.6 Short-Term Rental Registration Process; Certifications; Fee
9-14.7 Room Occupancy Excise
9-14.8 Complaint Process; Violations
9-14.9 Penalties
9-14.10 Enforcement
9-14.11 Data Sharing
9-14.12 Regulations
Cross-reference:
Public Buildings; Accessibility for Handicapped, Section 21-4
(A) There shall be in the city a Department, known as the Housing Inspection Department, which shall be under the charge of a Board, known as the Housing Inspection, consisting of an Officer, known as the Commissioner of Housing Inspection, who shall be Chair of the Board, another Officer known as the Assistant Commissioner of Housing Inspection and the Building Commissioner, ex officio. The Commissioner of Housing Inspection and the Assistant Commissioner of Housing Inspection shall each be appointed by the Mayor for a term expiring on the first Monday of the January following the next biennial municipal election at which a Mayor is elected and shall devote his or her whole time to the duties of his or her Office. The Commissioner of Housing Inspection shall exclusively have the powers and perform the duties of a Department head with respect to the making of contracts and the appointment, suspension, discharge, compensation and indemnification of subordinates for the Housing Inspection Department. In the event of the absence or disability of the Commissioner of Housing Inspection or of vacancy in his or her Office, the Assistant Commissioner of Housing Inspection shall act as Chair of the Housing Inspection Board, and shall have the powers conferred, and perform the duties imposed, upon the Commissioner.
(B) There shall be in the Housing Inspection Department an Inspection Division, an Enforcement Division and such other Divisions, if any, as the Housing Inspection Board shall, from time to time, adjudge necessary for the proper conduct of the Department. The Inspection Division shall be under the immediate charge of the Commissioner of Housing Inspection; and the Enforcement Division shall be under the immediate charge of the Assistant Commissioner of Housing Inspection, subject to the general supervision of the Commissioner.
(Ord. 1965 c. 1; Rev. Ord. 1961 (Sup. 1971) c. 16A § 1; CBC 1975 Ord. T9 § 1; CBC 1985 9-1.1)
Cross-reference:
Ord. Section 2-7; Ord. Section 9-3
(A) (1) The Commissioner of Housing Inspection, shall have the powers and perform the duties, from time to time, conferred or imposed on a Board of Health by M.G.L. Chapter 83, Section 12 and Chapter 111, Section 127, by Chapter 111, Sections 122, 123, 124 and 125 insofar, but only insofar, as said Sections 122, 123, 124 and 125 apply to places of human habitation, and by Chapter 111, Sections 127A and 127B insofar, but only insofar, as said Sections 127A and 127B relate:
(a) To enforcing so much of the commonwealth’s Sanitary Code, being 105 CMR 400 and 410, as concerns standards of fitness for places of human habitation, housing and sanitation standards for farm labor camps and requirements for the disposal of sanitary sewage in unsewered areas; and
(b) To adopting such public health regulations, not inconsistent with the commonwealth’s Sanitary Code or other provisions of law, as in the opinion of the Commissioner of Housing Inspection may be necessary to make and keep all places of human habitation fit for such habitation.
(2) The Commissioner of Housing Inspection shall also have the powers and perform the duties conferred or imposed upon the Board of Health of the city, or the Health Commissioner of the City, by Sections 13, 14, 19, 20, 21 and 22 of Chapter 382 of the Acts of 1885, as amended, by Chapter 185 of the Acts of 1897, by Chapter 219 of the Acts of 1897, as amended, by Section 128 of Chapter 550 of the Acts of 1907, as amended, and by Section 116 or any other provision of the commonwealth’s Building Code, being 780 CMR.
(3) It shall further be the duty of the Commissioner of Housing Inspection:
(a) To receive all complaints of violations, in or about places of human habitation, of any and all statutes, ordinances, rules and regulations enacted for the preservation of health or safety in or about places of human habitation;
(b) To refer in writing to the Building Commissioner or the Fire Commissioner, as the case may be, for investigation and prosecution all complaints of violations of the Boston Building Code and the Boston Fire Prevention Code and to maintain written contact with said Commissioners with respect thereto; and
(c) To inspect places of human habitation and enforce therein the provisions of law specified in the preceding sentences of this Section and all other statutes, ordinances, rules and regulations enacted for the preservation of health in or about such places.
(B) It shall remain the duty and responsibility of the Building and Fire Commissioners, respectively, to enforce compliance with the Boston Building Code and the Boston Fire Prevention Code. To aid them in discharging such duty but without any lessening of their respective responsibilities, the Enforcement Division of the Housing Inspection Department may offer them, and they may accept, assistance designed to unify action upon complaints received by the Commissioner of Housing Inspection.
(Ord. 1968 c. 10 § 1; Rev. Ord. 1961 (Sup. 1971) c. 16A § 2; CBC 1975 Ord. T9 § 2; CBC 1985 9-1.2)
Cross-reference:
M.G.L. Chapter 83, Section 12; M.G.L. Chapter 111, Sections 122—125, 127A and 127B; St. 1885 c. 382 § § 13, 14, 19, 22; St. 1897 c. 185; St. 1897 c. 219; St. 1907 c. 550 § 128; St. 1938 c. 479 § 116; St. 1962 c. 314; Ord. 1959 c. 3; Ord. ss 9-1.3; Ord. Section 11-4
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