Regulations (not inclusive of all) - Subject to Enforcement by Oakham Board of Health

Title V Regulations (Septic)

Family Type Campground Regulations

Chapter VI of the State Sanitary Code, 105 CMR 440.000: Minimum Standards for Developed Family Type Camp Grounds (State Sanitary Code, Chapter VI), provides minimum health and safety standards for camp ground facilities used for recreational camping or group activities. Boards of health license family type campgrounds pursuant to M.G.L. c.140 s.32B, and the Family Type Camp Ground regulations. A board may grant variances to105 CMR 440.000 subject to Department approval. Except in cases of emergencies, no variance approved by a board may go into effect until the Department of Public Health has approved it, or after 30 days if the Department fails to comment on the variance.

Recreational Camp for Children Regulations

Chapter IV of the State Sanitary Code, 105 CMR 430.000: Minimum Standards for Recreational Camps for Children (State Code, Chapter IV), sets forth the minimum housing, health, safety and sanitary protection standards for children in the care of recreational camps operating in the Commonwealth. Recreational camps for children must be licensed by local boards of health in order to operate. M.G.L. c.140 s.32B. Certain types of recreational programs are exempt (see definition of recreational camp for children in 105 CMR 430.020 for list of exemptions). A board of health must inspect each camp facility before granting a license for the upcoming year. The Department of Environmental Protection must be notified of the grant of such license so that they may inspect both water and sanitary facilities. Boards have the authority to grant variances. Variances must be submitted to the Department of Public Health, but are not subject to Department approval. Local boards have the authority to adopt, alter or amend rules and regulations to enforce M.G.L. c.140 s.32B, provided that they do not conflict with the State Sanitary Code.

Semi-Public/Public Swimming Pools/Spa

Chapter V of the State Sanitary Code, 105 CMR 435.000: Minimum Standards for Swimming Pools (State Sanitary Code, Chapter V), sets forth the minimum standards for health and safety of swimming, wading, and special purpose pools operated in the Commonwealth. It does not apply to private residential pools. Boards of health are required to inspect and issue annual permits to operate a swimming, wading or special purpose pool. Boards may grant variances to 105 CMR 435.000 subject to Department approval. Except in cases of emergencies, no variance approved by a board may go into effect until the Department has approved it, or after 30 days if the Department fails to comment on the variance. The Virginia Graeme Baker Pool & Spa Safety Act is a federal law designed to prevent serious injuries and fatalities associated with suction entrapment in pools and spas. While it is enforced by the federal Consumer Product Safety Commission, the Department of Public Health has adopted these requirements as part of 105 CMR 435.000. The specific requirements are available from the Department’s website: ents.pdf

Bathing Beaches

Chapter VII of the State Sanitary Code, 105 CMR 445.000: Minimum Standards for Public Bathing Beaches (State Sanitary Code, Chapter VII), sets forth minimum requirements for the operation of bathing beaches in the Commonwealth. These regulations are authorized by the State Sanitary Code as well as, M.G.L. c. 111, s. 5S. These regulations apply to state and local agencies as well as beaches operated by semi-public operators (e.g., motel, country club, or neighborhood association beaches), but not to privately owned beaches. Private beaches are those that are not considered public or semi-public beaches, as defined in 105 CMR 445.010. The purposes of these regulations are to protect the health, safety and well-being of the users of bathing beaches, to establish acceptable standards for bathing water quality, and to establish procedures for informing the public of any bathing water closures. Boards of health must license beaches pursuant to M.G.L. c. 111, s. 5S, and the bathing beach regulations. A board of health may grant variances to 105 CMR 445.000 for any beach not operated by the Commonwealth subject to Department approval. All variances granted or denied by a board of health must be made in writing and shall be posted 30 days following its issuance. Approval is presumed if the Department does not respond within 45 days.

Food Establishments

Chapter X of the State Sanitary Code, 105 CMR 590.000 entitled “Minimum Sanitation Standards for Food Establishments” (State Sanitary Code, Chapter X), sets forth the minimum requirements to operate a retail food establishment in the Commonwealth. Boards are authorized to issue permits for the operation of retail food establishments, including markets, temporary food events, caterers, food vendors, home kitchens that are part of a bed and breakfast operation, food pantries, and other charitable and/or church operated food events. Page 10 Boards are responsible for inspecting retail food establishments, issuing orders, and under certain circumstances suspending, revoking or not renewing permits or denying an application for an initial permit. Specific grounds for these enforcement actions are found at 105 CMR 590.012. Boards may use ticketing procedures in the enforcement of sanitation standards if the municipality has adopted M.G.L. c. 40, s. 21D as an ordinance or by-law. Food inspectors should be well trained and knowledgeable. Knowledgeable is evidenced by taking a food safety inspection training course accredited by DPH and passing a professional food safety test tested based on such training or by being a registered sanitarian or certified health officer who has completed food safety training recognized by DPH. Training and continuing education is available through the Massachusetts Health Officers Association. At the time a permit is initially issued, the local board of health should provide the permit holder with instructions for how to obtain a copy of 105 CMR 590.000 as well as a copy of the federal 1999 Food Code so that the permit holder is on notice of compliance requirements and the conditions that must be met for retention of the permit.

State Sanitary Code - Housing Standards

Chapter II of the State Sanitary Code, 105 CMR 410.000: Minimum Standards of Fitness for Human Habitation (State Sanitary Code, Chapter II), sets forth the minimum standards for housing in the Commonwealth. The purposes of this chapter are to protect public health, safety, and the well-being of occupants and the general public and to provide enforcement procedures for local boards of health. Except as specified in this chapter, the housing code applies to all types of housing, including single and multifamily dwellings, rooming houses, dormitories, and temporary housing. Local boards of health are required to enforce all aspects of the housing code, including conducting inspections upon their own initiative or upon request, issuing correction orders, and enforcing compliance. If the board determines that a dwelling has become a nuisance, is unfit for human habitation, or may be a cause of sickness or accident to the occupants or the public, the board may issue a written condemnation order requiring the occupants to vacate, requiring the premises be put in a clean condition, or torn down, and require compliance with the regulations set forth in the code or adopted by the board of health. M.G.L. c. 111, s. 127B. A board must certify violations and enforce the provisions of the Sanitary Code. It may also grant variances in accordance with 105 CMR 410.840.


Summaries of each permit taken from Manual of Laws and Regulations Relating to Boards of Health which can be found at: