Cal. Civ. Code § 410.130
Potable Water/Sanitary Drainage
Operative Text
(A) The owner shall provide a supply of potable water sufficient in quantity and pressure to
meet the ordinary needs of every occupant.
(B) For each residence, the owner shall provide and maintain in a sanitary condition a sanitary
drainage system consisting of:
(1) A lawful connection to the public sewerage system;
(2) A means of on-site sewage disposal in compliance with 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; or
(3) A lawful connection to a privately owned wastewater treatment facility permitted in
accordance with 314 CMR 3.00: Surface Water Discharge Permit Program or 314 CMR
5.00: Ground Water Discharge Permit Program.
(C) If the owner intends to separately bill the occupant for water or sewer costs, then the owner
must be in compliance with all requirements of M.G.L. c. 186, § 22 including, but not limited
to:
(1) Installing and maintaining, when necessary, a water submetering device that measures
only the water supplied for the exclusive use of the particular dwelling unit and only to an
area within the exclusive possession and control of the occupant of such dwelling unit;
(2) Installing, or causing to be installed, ultra-low-flush toilets and water conservation
devices on all showers and faucets in the dwelling unit;
(3) Having a written rental agreement on the commencement of a new tenancy that
describes the details of the water submetering and water billing arrangements; and
(4) Filing a certificate, on a form provided by the Department, with the board of health or
other appropriate municipal agency charged with enforcing the State Sanitary Code, and
signed by the owner under the pains and penalties of perjury, that the dwelling unit is in
compliance with M.G.L. c. 186, § 22. The owner shall have a licensed plumber sign the
certificate certifying that the water submetering devices and ultra-low-flush toilets have been
installed in accordance with accepted plumbing standards and the requirements of
M.G.L. c. 186, § 22, and shall attach appropriate documentation to verify the services
provided by the licensed plumber. The owner shall also provide a copy of the certificate to
the occupants of each dwelling unit with the written rental agreement that describes the
details of the water submetering and water billing arrangements.
(D) If an owner is submetering water under M.G.L. c. 186, § 22, the owner may not shut off or
refuse water service to an occupant on the basis that the occupant has not paid a separately
assessed water/sewer usage charge.
(E) The owner shall allow occupants to have access to any water submeters that affect their
dwelling unit in order to ensure that such submeters are functioning properly.Section 410.130 of the Massachusetts State Sanitary Code requires property owners to supply safe, adequately pressurized drinking water and to maintain a lawful sanitary drainage system—connected either to a public sewer, a compliant on-site septic system, or a permitted private wastewater facility—for every residence. If an owner chooses to bill occupants separately for water or sewer costs, the rule sets out a detailed compliance framework under M.G.L. c. 186, § 22, including submetering equipment, water-conservation fixtures, written lease disclosures, and a certified filing with the local board of health. Regardless of any unpaid water charges, an owner who is submetering may not cut off water service to an occupant, and occupants must be allowed to inspect any submeters that affect their unit.
Plain English — not legal advice.
Under 105 CMR 410.130, compliant property operators ensure that every unit receives a continuous supply of potable water at adequate pressure and that the building's drainage connects lawfully to a public sewer, a Title 5-compliant septic system, or a permitted private wastewater facility. Owners who wish to pass water and sewer costs through to occupants via submetering must first install ultra-low-flush toilets and conservation devices on all showers and faucets, execute a written rental agreement describing the billing arrangement, and file a signed, licensed-plumber-certified certificate with the local board of health before billing begins. Even after submetering is in place, operators must keep water service running regardless of unpaid water charges and must provide occupants with reasonable access to inspect the submeters serving their unit.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 410.130 of the Massachusetts State Sanitary Code gives occupants the right to safe drinking water at adequate pressure and to a properly maintained drainage system as baseline housing conditions. If a landlord is separately billing you for water or sewer use, that arrangement is only lawful if the owner has met all the requirements of M.G.L. c. 186, § 22—including proper submetering equipment, conservation fixtures, a written agreement, and a filed certificate—and the owner is prohibited from shutting off your water because of an unpaid water charge. Tenants who believe these conditions are not being met can file a complaint with their local board of health, which enforces the State Sanitary Code, or reach out to a tenant-rights organization to understand available options.
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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