105 C.M.R. 400.100 – Inspections

(A) Inspection Authority. In order to properly carry out their respective responsibilities under the State Sanitary Code and properly to protect the health and well-being of the people of the Commonwealth, the board of health and the Department of Public Health or the authorized agent or representative of either are authorized to enter, examine, or survey at any reasonable time such places as they consider necessary, and otherwise to conduct such examination or survey as is expressly provided in any other chapter of the State Sanitary Code.
(B) Systematic Area Inspections. The board of health and the Department of Public Health or the authorized agent or representative of either are authorized to develop and adopt plans for the systematic, periodic area inspection of dwellings, dwelling units, rooming houses, and rooming units.
(C) Interference. If any owner, occupant, or other person refuses, impedes, inhibits, interferes with, restricts, or obstructs entry and free access to every part of the structure, operation or premise where inspection authorized by the State Sanitary Code is sought, the board of health or the Commissioner of Public Health or the authorized agent or representative of either may:
1. (1) seek in a court of competent jurisdiction a search warrant so as to apprise the owner, occupant or other person concerning the nature of the inspection and justification for it and may seek the assistance of police authorities in presenting said warrant and/or
2. (2) revoke or suspend any license, permit or other permission regulated under the State Sanitary Code where inspection of the structure, operation or premises is sought to determine compliance with the State Sanitary Code.