Worcester Rev. Ordinances ch. 8 § 8-9

(a) As used in this section the following terms are defined:

State Sanitary Code - shall refer to chapters I and II of the State Sanitary Code, 105
C.M.R. § 400.00 et. seq., as may be amended from time to time, adopted by the
Massachusetts department of public health pursuant to G.L. c.111. The terms
used in this section shall have the meanings ascribed to them in chapters I and
II of the state sanitary code.

Certificate of fitness or certificate - shall mean a certification issued following an
inspection by the department of inspectional services (“department”) attesting
to the conformance of the dwelling unit with minimum standards of fitness for
human habitation as prescribed under the state sanitary code.

(b) Any owner of a dwelling unit or authorized agent of the owner may request the
commissioner of inspectional services to issue a certificate, which certificate shall be issued by
the director of housing if said director determines, upon receipt of inspection reports, that the
dwelling unit meets the minimum standards set forth in the state sanitary code. Prior to
requesting a certificate under this section, the owner or authorized agent must present proof
that the dwelling unit complies with the deleading requirements of G.L. c.111, §§ 190-199a and
the State Sanitary Code, chapter 1, § 400.200(b).

(c) No certificate shall be issued if the inspection reports reveal that any violation of the
state sanitary code exists in the dwelling unit.

(d) If, after any inspection pursuant to this section, the director of housing refuses to issue
a certificate, the director of housing shall cause to be issued an order setting forth the violations
of the state sanitary code existing in the dwelling unit which must be corrected before a
certificate may be issued. It shall be the responsibility of any owner receiving such order to
remedy such violation and to notify the department issuing any such order when such
violation has been remedied and request a reinspection. Any corrective orders shall be in
conformance with the requirements of the state sanitary code and shall be enforced according
to the provisions of the state sanitary code.

(e) It shall be the duty and responsibility of any owner, agent or lessor acting on behalf of
the owner of any dwelling unit to notify the director of housing, on forms provided by the
director of housing, that any violation noted during an inspection by director of housing has
been corrected. If within ten full working days after receipt of such notice, the director of
housing fails to reinspect such unit, it shall issue a notice of permission to rent, permitting such
unit to be occupied.

(f) For any dwelling unit which has been inspected and found in compliance with the
requirements of this section, a certificate shall be issued subject to the following conditions:

(1) For occupied dwelling units, the tenants name shall be recorded with the
certificate at the time of issuance. The certificate shall be valid for twenty-four
months or until the tenant discontinues occupancy of the dwelling unit, which
ever occurs first.
(2) For vacant dwelling units the owner or authorized agent shall be issued a letter
stating the certificate will be issued at the time of occupancy within six months
of the inspection. The certificate will be issued subject to conditions in (a)
above. Units not occupied within six months will require a reinspection prior
to the issuance of the certificate. Upon reinspection dwelling units found in
compliance with the requirements of this section will be issued a certificate
subject to the conditions of (a) above. Dwelling units found not to be in
compliance, will be subject to a reinspection fee and all other requirements of
this section.
(3) All certificates are issued subject to continued compliance with conditions listed
in this section. The department may revoke the certificate if upon an
inspection a violation of any of the requirements specified herein are not met.
Reinstatement of the certificate will require a reinspection and payment of a
reinspection fee.

(g) Application for such certificate under this section shall be by the owner or authorized
agent of the owner and shall be accompanied by a fee established by the commissioner of
inspectional services pursuant to §24 of chapter two of these Revised Ordinances. Such fee
shall be for initial inspection and will include one reinspection if required. If after one
reinspection the director of housing refuses to issue a certificate because of any violation of the
state sanitary code and the owner or authorized agent of the owner has notified the director of
housing that any violation has been remedied, any reinspection, shall be made following
payment of an additional fee for each subsequent reinspection. No request for inspection or