Cal. Civ. Code § 410.120
Approved Toilets
Operative Text
The following are approved for residential use:
(A) Flush toilets.
(B) Humus/Composting toilets provided they meet the requirements of 310 CMR 15.000: The
State Environmental Code, Title 5: Standard Requirements for the Siting, Construction,
Inspection, Upgrade and Expansion of On-site Sewage Treatment and Disposal Systems and for
the Transport and Disposal of Septage.
(C) Incinerating toilets provided they meet the requirements of 248 CMR 10.00: Uniform State
Plumbing Code.
(D) A privy, as defined in 310 CMR 15.000: The State Environmental Code, Title 5: Standard
Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-site
Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage and for
the Transport and Disposal of Septage, or chemical toilet, provided it is approved in writing by
the board of health. The board of health shall not approve a privy or chemical toilet that:
(1) Endangers the health of any person; or
(2) Causes objectionable odors or other undue annoyance.
In no event may a privy be located within 30 feet of any building used for sleeping or eating, or
of any lot line or street.Section 410.120 of the Massachusetts Sanitary Code establishes which toilet systems are legally approved for residential use. Standard flush toilets are always permitted, while humus/composting and incinerating toilets must meet specific state environmental or plumbing code standards. Privies and chemical toilets require written approval from the local board of health, which must deny approval if the facility poses health risks, causes objectionable odors, or would be sited within 30 feet of any building used for sleeping or eating, or of any lot line or street.
Plain English — not legal advice.
Under 105 CMR 410.120, compliant residential properties provide one of the enumerated approved toilet types for occupants. Operators relying on anything other than a standard flush toilet must ensure the alternative system meets the applicable cross-referenced state codes — Title 5 for composting toilets and the Uniform State Plumbing Code for incinerating toilets. Those considering a privy or chemical toilet must obtain written board of health approval before use and confirm the unit will not be sited within the 30-foot setback from sleeping or eating structures, lot lines, or streets.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 410.120 gives Massachusetts residential tenants the right to have an approved toilet system in their home, and a landlord's failure to provide one may constitute a violation of the Sanitary Code. If a toilet system appears to be unapproved, non-compliant, or improperly sited — for example, a privy lacking board of health authorization — tenants may consider reporting the condition to the local board of health, which has authority to inspect and enforce these requirements. Tenant-rights organizations or legal aid services can help residents understand what remedies may be available, including using a code violation as a defense in certain housing proceedings.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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