38B-006 Mass Code 2009 IMC HazardMass Building Code 780 CMR from 2009 International Code:
108.7 Unsafe mechanical systems. A mechanical system that
is unsafe, constitutes a fire or health hazard, or is otherwise
dangerous to human life, as regulated by this code, is hereby
declared as an unsafe mechanical system. Use of a mechanical
system regulated by this code constituting a hazard to health,
safety or welfare by reason of inadequate maintenance, dilapidation,
fire hazard, disaster, damage or abandonment is hereby
declared an unsafe use. Such unsafe equipment and appliances
are hereby declared to be a public nuisance and shall be abated
by repair, rehabilitation, demolition or removal.
108.7.1 Authority to condemn mechanical systems.
Whenever the code official determines that any mechanical
system, or portion thereof, regulated by this code has
become hazardous to life, health, property, or has become
insanitary, the code official shall order in writing that such
system either be removed or restored to a safe condition. A
time limit for compliance with such order shall be specified
in the written notice. A person shall not use or maintain a
defective mechanical system after receiving such notice.
When such mechanical system is to be disconnected,
written notice as prescribed in Section 108.2 shall be given.
In cases of immediate danger to life or property, such disconnection
shall be made immediately without such notice.
108.7.2 Authority to order disconnection of energy
sources. The code official shall have the authority to order
disconnection of energy sources supplied to a building,
structure or mechanical system regulated by this code, when
it is determined that the mechanical system or any portion
thereof has become hazardous or unsafe. Written notice of
such order to disconnect service and the causes therefor
shall be given within 24 hours to the owner and occupant of
such building, structure or premises, provided, however,
that in cases of immediate danger to life or property, such
disconnection shall be made immediately without such
notice. Where energy sources are provided by a public utility,
the code official shall immediately notify the serving
utility in writing ofthe issuance of such order to disconnect.
108.7.3 Connection after order to disconnect. A person
shall not make energy source connections to mechanical
systems regulated by this code which have been disconnected
or ordered to be disconnected by the code official, or
the use of which has been ordered to be discontinued by the
code official until the code official authorizes the
reconnection and use of such mechanical systems.
When a mechanical system is maintained in violation of
this code, and in violation of a notice issued pursuant to the
provisions of this section, the code official shall institute
appropriate action to prevent, restrain, correct or abate the
violation.