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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)
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)
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)
9-10   ARSON PREVENTION COMMISSION.
9-10.1   Composition of Commission.
   (A)   There shall be in the City a Commission, known as the Arson Prevention Commission, consisting of the following officials of the city: the Fire Commissioner, the Police Commissioner, the Commissioner of Inspectional Services, the Collector/Treasurer, Commissioner of Real Property and the Chair of the City Council’s Committee dealing with the issue of arson, all serving ex officio. There shall be nine Commissioners appointed by the Mayor. Eight Commissioners appointed by the Mayor shall be residents of the city who live in areas affected by arson and have knowledge or expertise in the problem of arson. Of the nine Commissioners appointed by the Mayor, one Commissioner shall be a representative of the insurance industry that specifically deals with fire insurance for low/moderate income housing and knowledgeable about the problem of arson within the city, who need not be a resident of the city. Ex officio Commissioners, or their designees, and Mayoral appointed Commissioners shall have the power to attend any meetings or hearing and to vote on any Commission matter.
   (B)   Mayoral appointed Commissioners shall serve a term of two years.
   (C)   The Commission shall elect one of its members as Chair and another as Vice-Chair to serve in these capacities for the term of one year. The Commissioners shall hire a Director, who shall not be a member of the Commission, and said Director shall be qualified by his or her knowledge of the activities and methods used in arson prevention programs. The Director shall have the title of Executive Director and shall be paid a salary established by the Mayor. The Commissioners shall serve without compensation, and shall be deemed special municipal employees for the purposes of M.G.L. Chapter 268A.
(Ord. 1983 c. 13; Ord. 1984 cs. 6, 9; CBC 1985 9-10.1; Ord. 1987 c. 7 § 1; Ord. 1988 c. 10 §§ 1, 2; T9 [450])
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