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Craigville Motel Inspection July 8, 2015
ROOM Number OCCVAC SMOKES NOTE
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Craigville Motel Inspection July 8, 2015
ROOM Number OCC/VAC SMOKES NOTE
1. 1 Adult(Chuck) OK Chuck's son is gone
2. VACANT OK
3. 1 Adult & daughter OK John Collins
4. VACANT OK
5. VACANT OK
6. 1 ADULT OK
7. VACANT OK
8. VACANT OK
9. VACANT OK
°i 10. VACANT OK
TOASTER OVEN WOMAN THERE 2
YRS
11. 2 ADULTS OK LAV CEILING MOLD /OUT ON 7/11/15
w 12. VACANT OK
13. NO ROOM 13 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
14. VACANT OK
15. VACANT OK
16. 1 Adult OK OWNER'S DAUGHTER
X ALL 5 UNITS INCLUDING UPPER HALL
17. APARTMENT/VACANT NEEDED BATTERIES /HEAT DUCT TORN
18. VACANT OK
19. VACANT OK
20. VACANT OK
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21. VACANT X SMOKE FAILED
22. VACANT OK
23. VACANT OK:
24. VACANT OK
25, VACANT OK
26. VACANT OK
27. VACANT OK
28. VACANT OK OLD UNIT DELAYED REACTION
29. VACANT OK OLD UNIT DELAYED REACTION
30. VACANT OK NEW UNIT
31. VACANT OK
32. 2 ADULTS OK
33- VACANT OK REPLACED So OF CARPET
1 34 VACANT X OLD TWIT
35, VACANT OK-( 1 D 1IN111 MA11RESSES
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36. VACANT OK
37. VACANT OK ANTS/WILL CHANGE RUG
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38. 2 ADUTLS & 2 BABIES OK
39. DID NOT ACCESS DUE TO UNCAGED BIRDS -CLEANEST OCCUPANT
40. 1 ADULT , 2 CHILDREN OK 2 DOGS
41. 1 ADULT OK
42. VACANT OK EMPTY ROOM/RUG GONE
i,
Notes:
• Storage area by room 32—excessive storage to within 2' of ceiling. FD noted
violation.
• FD recommended checking each smoke detector for valid shelf life by removing
unit and checking date on rear plate once facility is empty.
• Oil tank was 1/3 full (delivery received on 7/8/15).
• 8 rooms were still occupied by tenants on this date.
• Room 16 occupied by owner's daughter.
Room 38 leaving on 7/9/2015
Rooms 3, 11, 38 & 41 leaving on Monday 7/13/15.
Room 11 maybe leaving on 7/11/15 —Tara provided 2 different dates for this room.
Room 32 leaving on 7/18/2015.
Room 32 & 37 are anticipated to be difficult evictions.
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WEST BARNSSTABLE.FIRE DEPARTMENT
2160 Meetinghouse Way
Post Office Box 456
West Barnstable,Ma. 02668
westbarnstablefiredept@verizon.net
D"ID PAANANEN
Deputy Chief
Business: 508-362-3241 Fax: 508-362-3683 Emergency:911
July 08,20.15
Today the West Barnstable Fire Department and Town of Barnstable Zoning, and Health .
inspector, inspected the Craigville Motel, Located at 8 Shootflying Hill Road, Centerville, MA.
The property located at this address is located within the West Barnstable Fire District. The
reason for the inspection was to identify hazards and problem areas concerning life safety and
health. Representatives of the motel were also present at time of inspection.
Conditions found on 07/08/2015
Room 11 Toaster oven in room,removed at time of inspection.
Room 17 All smoke detectors missing batteries including one in hall outside of
room. Total of five detectors.
Room 21. Smoke detector low audible tone not working properly.
Room 34 Smoke detector not working
Storage Storage next to room 32 within two feet of ceiling
All smoke detectors older than ten years need to be replaced.Marty detectors located on
the property are in need of replacement because of age such as rooms 20,21, and 22
beSiity Paananen
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WEST BARNSTABL.E"FIRE DEPARTMENT
2160 Meetinghouse Way
Post Office Box 456
West Barnstable, Ma. 02668
westbarnstablefiredept@verizon.net
DAVID PAANANEN
C-a /Fire Prevention
Business: 508-362-3241 Fax: 508-362-3683 Emergency: 911
January 26, 2015
Today the West Barnstable Fire Department and Town of Barnstable Zoning, Health, and
Building inspectors -inspected the Craigsville Motel, Located at 8 Shootflying Hill Road,.
--- - ---Centerville,--MA.-The-property-located--at this.address-is located-within the-West Barnstable-Fire--
District. The reason for the inspection was to identify hazards and problem areas concerning life
safety and health. Representatives of the motel were also present at time of inspection.
Conditions found on 01/26/2015
Room 1 Space heater with extension cord in room. -
Room 2 Toaster, and two space heaters,and hot plate in room.
Room 5 Hot plate in room
Room 6 Smoke detector did not work, faulty detector.Replacement needed.
Room 8 Smoke detector did not work, faulty detector. Replacement needed. Hot
plate and toaster oven in room:
-- Room•9 Toasfer ii the room- - - -- : -
Room 36 Hot plate,toaster oven in room.
Room 3 8 No inspection concern with reported bed bugs. .
Room 39 No inspection no key for locks.
Room 41- locked no answer.
Room 42 Deep fryer and crock pot in room.
Deputy Paananen
J
WEST BARNSTAB.LE FIRE DEPARTMENT
2160 Meetinghouse Way
Post Office Box 456
West Barnstable, Ma. 02668
westbarnstablefiredept@verizon.net
D"ID PAANANEN
GTtm/Fire Prevention
Business: 508-362-3241 Fax: 508-362-3683 .Emergency: 911
February 23,2015
Today the West Barnstable Fire Department and Town of Barnstable Zoning, Health, and
Building inspectors inspected the Craigsville Motel, Located at 8 Shootflyina Hill Road,
Centerville, MA. The property located at this address is located within the West Barnstable Fire
--------'-.-----District—The reason for the-inspection-was to identify-hazards and problem areas concerning-life---- --
safety and health. Representatives of the motel were also present at time of inspection.
Conditions found on 02/23/2015
Oil Burner room plywood placed next to oil burner to elevate seedlings.
PL tanks alongside of building.
Gas can alongside of building. . .
Room 1 Space heater plugged into extension cord outside of unit.
Room 2 space heater in room
Room 6— Smoke detector slow o-react,replacem�needed. — -
Room 9 toaster in room
Room 17 locked exit door
Room 32 Toaster in room
Room 36 Toaster oven in room
Room 38 Crock pot in room
Room 39 Large fish tank approximately 75 gal.
Deputy Paananen
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WEST BARNSTA'BLEF7RFDE
RTMkNT
2160 Meetinghouse Way
Post Office Box 456
West Barnstable, Ma. 02668
vvestbarnstablefiredept@verizon.net
DAVID PAANANEN .
/Fire Prevention
Business: 508-362=3241
Fax: 508-362-3683
Emergency: 911
March 18,2015
Today the West Barnstable Fire De -
--- ------ Buildinb-inspectors---inspected--the--C aIg Department
MotelLo ated-'-of atSBbShootflle ina_
Zoning, Health, and
Centerville, MA. The properly located at this address is located within the West Barnstable
District. The reason.for the inspection was to identify hazards and problem Fire
safety and health.Representatives of the motel were also present at time of inspection.concerning life I
Conditions found on 03/18/2015.
Room 2 Hot plate in room
Room 3 .No inspection, couldn't get in
Room 4 Smoke detector slow to react, needs replacement.
Room 6 Smoke detector slow to react needs replacement.
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Room 8 ------------ __---- __ �;
Smoke detector slow to react, needs replacement. F�
Room 11 Crock pot in room
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Room 31 Toaster in room
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Deputy Paananen' 'a,k
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DWELLING UNIT ROOMING UNIT
410.100: Kitchen Facilities
Kitchen: Must provide suitable space to "For living and sleeping use"
store, prepare and serve foods in a sanitary manner. "not for cooking"
Must provide: (1) A sink for washing dishes and kitchen
utensils; (2) a stove and oven in good repair; and
(3) space and proper facilities for the installation of a refrigerator .
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41.400: Minimum Square Footage,
50 square feet for each occupant if more than one occupant; 60.square feet for each
70 square feet for one occupant. occupant for more than one;
80 square feet for one
occupant.
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Barnstable
0� Town of Barnstable
MAntericaM
BARNSTABLF. Public Health Division 1 I I
200 Main Street, Hyannis MA 02601
zoos
Office: 508-8624644
FAX: 508-790-6304
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April 13,2015
CRAIGVILLE MOTEL 2012-2015
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HEALTH VIOLATION REPORT
Violations of the State Sanitary Code, 105 CMR 410.000, Minimum Standards of
Fitness for Human Habitation, Sections 54 and 170 of the Town of Barnstable Code
The following violations of the State Sanitary Code were observed at the Craigville
Motel on April 13,2015:
105 CMR 410.500: Carpet badly worn and stained at Unit#40.
4, 105 CMR 410.500: Carpet badly worn and stained at Unit#33; holes observed in
carpeting within Unit#33.
105 CMR 410.602: Multiple piles of clothing and other debris littered throughout unit
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#42.
105 CMR 410.500: Carpet badly worn and stained at Unit#42.
105 CMR 410.602 : Carpet badly stained in multiple areas throughout room at Unit#34.
This room was previously occupied by a person who allowed his dog to defecate and
urinate on the floor. Piles of dog feces were observed on the floor during the previous
inspection.
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The following violations of the State Sanitary Code were observed at the Craigville
Motel on March 18, 2015:
105 CMR 410.351 —Inoperable GFCI plug outlet within bathroom at Unit#30.
105 CMR 410.500: Carpet badly,worn; carpeting contains holes in Unit#40.
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105 CMR 410.500: Carpet badly worn; carpeting contains stains within Unit#33.
105 CMR 410.500: Broken gable vent outside of building at front.
•; 105 CMR 410.602: Multiple beer cans, piles of clothing, and other debris littered
throughout unit 442. [NOTE: The bathtub was being used to wash dishes and utensils.]
:
105 CMR 410.602 : Dog feces observed on floor within Unit 434.
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The following violations of the State Sanitary Code were observed at the Craigville
Motel on February 23,2015:
105 CMR 410.351 —Owner's Installation and Maintenance Responsibilities
Observed multiple GFCI plug outlets not functioning as intended to within bathrooms in
unit(s) 1, 6,7,8,9,10, 38,39,40,41,42. Unit 33 bathroom plug painted over rendering it
unsafe. It was also observed that said outlets have an"open ground." according electrical
testing device..
105 CMR 410.351 —Owner's Installation and Maintenance Responsibilities
{' Observed missing sink drain stopper's within unit(s): 18, 23, 26, 30 and 32.
105 CMR 410.351 —Owner's Installation and Maintenance Responsibilities
" Broken light switch plate cover within bathroom at unit number 36.
` 105 CMR 410.351 -Owner's Installation and Maintenance Responsibilities
Water control knob detached from tub of unit 41.
C 105 CMR 410.500—Owner's Responsibility to Maintain Structural Elements
Crack in shower wall observed within unit 38.
105 CMR 410.500—Owner's Responsibility to Maintain Structural Elements
Bathroom sink vanity door partial detached
[NOTE: The bathtub was being used for storage of multiple bags of debris within Unit
#42.]
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' The following violations of the State Sanitary Code were observed at the Craigville
L Motel on January 26,2015:
105 CMR 410.351: Wastewater does not drain from bathtub at Unit#34.
105 CMR 410.351: Wastewater does not drain from bathtub at Unit#35.
105 CMR 410.500—Bathroom sink vanity door detached from frame within Unit#33.
105 CMR 410.500—Bathroom sink vanity door rotted within Unit#37.
,, 2
105 CMR 410.500—Broken wall tiles and wall tiles detaching from wall within
bathroom Unit#40.
105 CMR 410.500—Hole in bathroom wall of Unit#42 exposing insulation.
105 CMR 410.500—Hole in bathroom wall of Unit#42 exposing insulation.
105 CMR 410.480—Inspectors were unable to enter Units#39 and#41 due to
unauthorized locks installed by the occupants; motel owner could not open doors to
rooms.
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105 CMR 410.602—Piles of papers, books,plastic bags, and other debris littered
throughout Unit#42.
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The following violations of the State Sanitary Code were observed on December 22,
2014:
105 CMR 410.482: Smoke Detectors: Inoperative smoke detector within Unit#40.
This violation must be corrected within 24 hours.
105 CMR 410.400: Minimum Square Footage: Overcrowding within Unit#4. This
unit was measured to be 186 square feet by the Health Inspectors. There were two (2)
adults and two (2) children observed in the room. In order to have 4 persons there must
be 240 square feet. You are ordered to correct this violation within thirty(30) days.
In a rooming unit, every room occupied for sleeping purposes by one occupant shall
contain at least 80 square feet of floor space; every room occupied for sleeping purposes
by more than one occupant shall contain at least 60 square feet for each occupant.
105 CMR 410.201: Temperature Requirements: Inoperative wall heater within Unit
#40. The owner shall provide heat in every habitable room and every room containing a
toilet, shower, or bathtub to at least 68 degrees. You are ordered to correct this violation
within 24 hours.
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i 105 CMR 410.602: Maintenance of Areas Free from Garbage and Rubbish.
There was trash and debris on the ground located behind fencing behind motel. This
violation must be corrected within 24 hours.
105 CMR 410.602: Maintenance of Areas Free from Garbage and Rubbish.
Multiple units contained piles of clothing and other debris on the floor. These violations
must be corrected within 24 hours.
Chapter 54-3. Outdoor storage.
Appliances, plumbing fixtures were observed on the ground behind Motel. These items
must be removed or enclosed within fifteen(15) days.
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The following violations of the State Sanitary Code were observed at the Craigville
Motel on April 16, 2014:
105 CMR 410.750: Conditions Deemed to Endanger or Impair Health or Safety
The following three conditions cited below are deemed as conditions which may
endanger or materially impair the health or safety and well-being of an occupant upon the
failure of the owner to remedy said condition within the time so ordered by the board of
health.
• Failure to maintain sewage disposal system in operable condition as required by
1905 CMR 410.150 (A) (1) and 410.300. A puddle of raw sewage was observed,
located in the area of the leaching field. It was tested by a certified lab and was
found to contain high levels of fecal coliform.
• Failure to comply with 105 CMR 410.602 which results in the accumulation of
garbage, rubbish, filth or other causes of sickness which may provide a food
source or harborage for rodents, insects, and other pests. Trash,papers, plastic,
broken fencing, demolition debris, boards,piles of branches, brush, and other
debris on the ground adjacent to the dumpster and down the embankment behind
the dumpster; trash and litter also scattered on the ground along the fence behind
the motel. In addition,the dumpster lids were left open exposing multiple bags of
refuse; the dumpster was full to the top with refuse.
• Failure to provide an operable smoke detector. Inoperable smoke detector
observed within"Motel" Room#38.
105 CMR 410.400 (Overcrowding): Insufficient square feet of floor space for the
number of occupants residing within"motel "Room#35. Four(4) persons occupying this
room with floor space of less than 210 square feet.
105 CMR 410.400 (Overcrowding): Insufficient square feet of floor space for the
number of occupants residing within"motel "Room#41. Five (5)persons occupying this
room with floor space of less than 210 square feet.
105 CMR 410.551: No screens provided at windows of Unit#33.
105 CMR 410.551: No screen provided in bathroom window of Unit#38.
105 CMR 410.551: Screen torn at window of Unit#4.
105 CMR 410.430: It was noted during inspection that many occupants are residing on
premise for weeks/months/years at a time. According to the State Sanitary Code, no
temporary housing may be used except with the written permission of the board of health.
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The owner/operator does not possess written permission from the Board of Health to
provide temporary housing at this property.
105 CMR 410.602(B): Carpet flooring within Room#39 contained debris build-up and
filth.
105 CMR 410.602(B): Boxes, clothing, clutter, and other debris piled on the floor
within Room# 38.
Section 54-4 of the Town of Barnstable Code: Stagnant water observed within the
semi-public swimming pool. Water shall not be permitted to continuously stagnate outside of any
building or structure for more than 10 days.
Section 170-4 of the Town of Barnstable Code: Unit #17 located above the office, is
being used as a rental unit. This unit is not registered with the Board of Health as
required.
A hearing was held on February 12, 2013 due to the following violations of the State
Sanitary Code which were observed on November 15,2012 and December 11,2012:
105 CMR 410.482: Smoke Detectors: Multiple smoke detectors were inoperable during
inspections conducted on December 11, 2012, and on November 15, 2012.
The Health Inspector also observed candles burning and hot plates in use for cooking.
Chapter 105 CMR Section 410.482 requires the owner to provide operable smoke
detectors.
There were multiple other violations of the State Sanitary .Code as detailed on the
inspection reports submitted to Tara Patel at the times of the inspections on December 11,
2012, and November 15, 2012.
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The following violations of the State Sanitary Code were observed on July 10,2012:
105 CMR 410.400: Minimum Square Footage. In a rooming unit, every room
occupied for sleeping purposes by one occupant shall contain at least 80 square feet of
floor space; every room occupied for sleeping purposes by more than one occupant shall
contain at least 60 square feet for each occupant.
The room unnumbered next to room#1 was measured to be 66 square feet by the
building inspector. In this unnumbered room was a mattress, a shower, a toilet, a small
refrigerator and a TV. The TV was observed to be in operation at the time of this
violation alerting this department to the fact that this room was being rented.
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105 CMR 410.831: Dwellings Unfit for Human Habitation; Condemnation; Order
to Vacate (A) Finding the a dwelling,or portion thereof is unfit for human habitation.
If an inspection conducted pursuant to 105 CMR 400.100 or 105 CMR 410.820 reveals
that a dwelling or portion thereof is unfit for human habitation, the board of health may
issue a written finding that the dwelling or portion thereof is unfit for human habitation.
The finding shall include a statement of the material facts and conditions upon which the
finding is based.
The owner/operator was given an immediate cease and desist by the Building
Department.
The owner/operator was previously issued letters on June 16, 2005 by the Health
Department regarding the prohibition of renting the end rooms.
In addition, the owner/operator was also issued a letter on June 17, 2005 from the West
Barnstable Fire Department regarding the same prohibition of the use of the two ends
rooms labeled as 1 a and 32a.
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The following violations of the State Sanitary Code were observed on March 30,2012:
105 CMR 410.750 (0): Conditions Deemed to Endanger or Impair Health or Safety
The conditions cited below shall be deemed to be a condition which may endanger or
materially impair the health or safety and well-being of an occupant upon the failure of
the owner to remedy said condition within the time so ordered by the board of health.
4f 105 CMR 410.200: Heating Facilities Required.
It was observed during a follow-up inspection on April 5, 2012 that Rm. #34 had no heat.
The room has electric heat and the thermostat was turned up to 80 degrees with no heat
coming out of the heating unit in wall. The occupant was in room with her infant and had
a portable space heater running. There was also an electric fry pan plugged in which was
lying on the bed. The owner was on site and it was brought to her attention. Her
response was that it was probably a breaker that had tripped.
The owner has been informed previously that portable space heaters are not allowed nor
any cooking equipment such as the noted fry pan in the room.
105 CMR 410.482: Smoke Detectors and Carbon Monoxide Alarms
Room#17—inoperable smoke detector in one bedroom of the apartment(year round
lease).
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Basement area where family (Patel) resides has an inoperable carbon monoxide
detector.
**It is also noted that the heat detectors in Rooms 20, 22, 26 & 36 were inoperable and
must be replaced as required by Captain Dave Paananen of the West Barnstable Fire
Department.
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105 CMR 410.451: Egress Obstructions
No person shall obstruct any exit or passageway. The owner is responsible for
maintaining free from obstruction every exit used or intended for use by occupants of
more than one dwelling unit or rooming unit. The occupant shall be responsible for
maintaining free from obstruction all means of exit leading from his unit and not common
to the exit of any other unit.
On March 30, 2012 during inspection it was noted that a bedroom in the basement had a
blocked and bolted door. Door was blocked by boxes and a 30 gallon rubbish barrel.
105 CMR 410.602(A): Maintenance of Areas Free from Garbage and Rubbish
The owner of any parcel of land, vacant or otherwise, shall be responsible for maintaining
such parcel of land in a clean and sanitary condition and free from garbage, rubbish or
other refuse. It was noted during inspection that there was much debris on the rear of the
property including tires, carpeting, old space heaters, old grill and tires as well as other
demolition debris.
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105 CMR 410.500 & 750 (I): Owner's Responsibility to Maintain Structural
Elements
' It was noted during the inspection of the attic area where the fire occurred a few years
ago that there were five (5) gallon buckets collecting rainwater coming through the roof.
Roof needs to be repaired. In addition, it was noted that some 2 x 4's that support the
' roof are not secure to the floor. It appears they have been cut in order to accommodate
f the storage of old mattresses.
105 CMR 410.150 (D): Washbasins,Tubs, and Showers
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Room#23- no drain stopper on bathroom sink
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Room#24 -no drain stopper on bathroom sink
Room#25 -no working drain stopper on bathroom sink
Room#26- no lift rod on bathroom sink
' Room#28- no drain stopper on bathroom sink
7.. Room#29- no lift rod on bathroom sink
Room#30 -no drain stopper or lift rod on bathroom sink
Room#32—no lift rod on bathroom sink
{ Room#33 —no drain stopper on bathroom sink and the cold water faucet is stripped so
that it runs constantly.
Room#34—no drain stopper on bathroom sink and the toilet is not secured to the floor
Room#35 —no drain stopper on bathroom sink
Room#37—no drain stopper on bathroom sink
Room#38—no drain stopper on bathroom sink
Room#39—no drain stopper on bathroom sink
Room#41 —bathroom sink has deep crack in bowl—must replace-and bathroom tub is
severely stained and has no working drain stopper.
Room#42-no drain stopper on bathroom sink and bathroom tiles are missing.
7
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105 CMR 410.351: Owner's Installation and Maintenance Responsibilities
Room# 4- ground wire broken off in outlet for air conditioner
Room#5 —no ground on refrigerator plug
Room#7- no cover on the air conditioning unit,the refrigerator was at 50 degrees (must
be 41 degrees or below). The mattresses are old and severely stained.
Room#8 —the light switch on table lamp is broken and the refrigerator is at 80 degrees
(inoperable)
Room#10-had a grill in the room which was discarded while on site (inoperable)
Room#11-no ground wire on plug for air conditioner
Room#17—smoke detector not working
Room#20—cracked glass in ceiling light
Room#24—no ground wire on plug for air conditioner
Room#25 —no ground wire on plug for air conditioner
Room#26—no ground wire on plug for air conditioner
Room#28-no working refrigerator
Room#31 —no ground wire on plug for air conditioner
Room#32—no ground wire on plug for air conditioner
Outdoor shed has a freezer with no ground wire on plug
Room# 34—electrical outlet switch has no faceplate on it. Infant lives in this room with
parents. Window latch missing-window held up with screwdriver.
Room# 36- no cover on outside light (beside front door entrance)
Room#39—no ground wire on plug for computer
Storage Room (area of Rm. #22)- electrical outlet in this room is recessed into wall.
Basement area where family (Patel)resides has a carbon monoxide detector that is
inoperable.
Room#42—cracked electrical switch plate and the wall-to-wall.carpeting is severely
stained with foreign debris.
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The following violations of the State Sanitary Code were observed on March 2,2012:
105 CMR 410.200: Heating Facilities Required. Main heating system not operating.
Portable space heaters do not meet this requirement as observed during this inspection.
Rooms 1 through 10 have no heat on today during the daytime. Room# 1 was at a
temperature of 55 degrees utilizing a space heater. Room# 2 was at 41 degrees
(unoccupied); room# 3 was at 43 degrees (unoccupied); room# 7 was at a temperature of
54 degrees (occupied)with a space heater being utilized.
105 CMR 410.201: Temperature Requirements. The owner shall provide heat in
every habitable room and every room containing a toilet, shower, or bathtub to at least 68
degrees Fahrenheit between 7:00 AM and 11:00 PM and at least 64 degrees Fahrenheit
between 11:01 PM and 6:59 AM every day other than during the period from June 15'h to
September 15th
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105 CMR 410.620: Curtailment Prohibited. No owner or occupant shall cause any
service, facility, equipment, or utility which is required to be made available by 105 CMR
410.000 to be removed from or shut off from any occupied dwelling except for such
temporary period as may be necessary during actual repairs or alterations and where
reasonable notice of curtailment of service is given to the occupant, or during temporary
emergencies when curtailment of service is approved by the board of health.
The above noted violations are repeat violations as noted from Timothy O'Connell, R.S.,
Health Inspector for the Town of Barnstable in a certified letter sent on March 4, of 2011.
105 CMR 410.150 (D): Washbasins, Tubs, and Showers The fixtures as required in
105 CMR 410.150 (A) and 410.150 (B) shall have smooth and impervious surfaces and
be free from defects which make them difficult to keep clean, or create an accident
hazard. It was noted during the inspection of March 2, 2012 that Rm.#2 which was
unoccupied had a very dirty toilet, Rm#3 has a bathroom sink faucet that has been
stripped and therefore runs continuously, Rm#24 has a microwave plugged in which is
sitting on the bathroom sink. The microwave is plugged into a GFI electrical outlet. Rm
#28 has a toilet that keeps running due to faulty parts. It was also noted but not written
on inspection that the caulking around the tub in Rm#1 is all deteriorating and falling
into tub (picture taken).
105 CMR 410.750 (0): Conditions Deemed to Endanger or Impair Health or Safety
The condition cited below shall be deemed to be a condition which may endanger or
materially impair the health or safety and well-being of an occupant upon the failure of
the owner to remedy said condition within the time so ordered by the board of health. It
was noted in an inspection signed by Tara Patel on June 29, 2011 that Rm#3 had
evidence of bedbugs and was ordered(inspection report)to replace both mattresses. It
was noted that on March 2, 2012 that those same mattresses are in this room with
evidence of bedbugs (pictures taken).
105 CMR 410.430: Temporary Housing Allowed Only with Board of Health
Permission No temporary housing may be used except with the written permission of
the board of health. It was noted during inspection that many occupants are residing on
premise for weeks/months at a time and one family stated that would be there until June.
-----------------------------------------------------------------------------------------------------------
SUMMATIONS
A reinspection occurred on April 13, 2015. Only two out of the six State Sanitary Code
violations observed on March 18, 2015 were corrected.
The following violations remain uncorrected:
- Multiple rooms contained the damaged carpeting which contained stains and holes.
This is a recurring violation of 105 CMR 410.500.
9
- Unit #42 was strewn with debris and multiple bags of items on top of tables, floor,
shelves, bureaus, etc. This is a recurring violation of 105 CMR 410.602, Maintenance of
Areas Free from Garbage and Rubbish, observed within Unit #42 during inspections
conducted on January 26, 2015, March 18, 2015, and April 13, 2015. This unit is
occupied by a long-term occupant; it is not within a common area of the motel.
It was noted during the inspections that many occupants are residing on premise for
weeks/months/years at a time. According to the State Sanitary Code, no temporary
housing may be used except with the written permission of the board of health. The
owner/operator of the motel does not possess written permission from the Board of
Health to provide temporary housing at this property.
Additional health violations observed and corrected prior to the year 2012 are available
from records on file at the Health Division Office.
Respectfully Submitted,
Thomas McKean, RS, CHO
Director of Public Health
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WEST BARNSTABLE FIRE DEPARTMENT .
2160 Meetinghouse Way
Post Office Box 456
West Barnstable,.Ma. 02668
westbarnstablefiredept@verizon.net
DAVID PAANANEN
E9pM /Fire Prevention
Business: 508-362-3241 Fax: 508-362-3683 Emergency: 911
January 26, 2015
Today the West Barnstable Fire Department and Town of Barnstable Zoning, Health, and
Building inspectors inspected the Craigsville Motel, Located .at 8 Shootflying Hill Road,
------.Centerville,—MA:The-property-located-at this address-is-located-within the West Barnstable-Fire — -- -- —
District. 'The reason for the inspection was to identify hazards and problem areas concerning life
safety and health. Representatives of the motel were also present at time of inspection.
Conditions found on 01/26/2015
Room 1 Space heater with extension cord in room. -
Room 2 Toaster, and two space heaters, and hot plate in room.
Room 5 Hot plate in room
Room 6 Smoke detector did not work, faulty detector.Replacement needed.
-Room 8 Smoke detector did not work, faulty detector_. Replacement needed. Hot
plate and toaster oven in room.
Room 9 Toaster in the room
Room 36 Hot plate,toaster oven in room.
Room 3 8 No inspection concern with reported bed bugs.
Room 39 No inspection no key for locks.
Room 41 locked no answer.
Room 42 Deep fryer and crock pot in room.
Deputy Paananen
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> WEST BARNSTABLE FIRE DEPARTMENT
2160 Meetinghouse Way
Post Office Box 456
West Barnstable, Ma. 02668
westbarnstablefiredept@verizon.net
D"ID PAANANEN
/Fire Prevention
Business: 508-362-3241 Fax: 508-362-3683 Emergency: 911
February 23,2015
Today the West Barnstable Fire Department and Town of Barnstable Zoning, Health, and
Building inspectors inspected the Craigsville Motel, Located at 8 Shootflying Hill Road,
Centerville, MA. The property located at this address is located within the West Barnstable Fire
---- - -----District—The-reason for-the-inspection-was to identify-hazards and-problem areas -
safety and health. Representatives.of the motel were also present at time of inspection.
Conditions found on 02/23/2015
Oil Burner room plywood.placed next to oil burner to elevate seedlings.
PL tanks alongside of building.
Gas can alongside of building.
Room 1 Space heater plugged into extension cord outside of unit.
Room 2 space heater in room
Room 6 Smoke detector slow to react, replacement needed.
Room 9 toaster in room
Room 17 locked exit door
Room 32 Toaster in room
Room 36 Toaster oven in room
Room 3 8 Crock pot in room
Room 39 Large fish tank approximately 75 gal.
Deputy Paananeenn
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WEST BARNSTABL E FIRE DEPARTMENT
2160 Meetinghouse Way
Post Office Box 456
West Barnstable, Ma. 02668
westbarnstablefiredept@verizon.net
DAVID PAANANEN
/Fire Prevention
Business: 508-362-3241 Fax: 508-362-3683 Emergency: 911
March 18,2015
Today the West Barnstable Fire Department and Town of Barnstable Zoning, Health, and
Building--inspectors-inspected--the -Craigsville -Motel;-Located--at-8- Shootflying—Hill-Road,----- - --
Centerville, MA. The property located at this address is located within the West Barnstable Fire
District. The reason for the inspection was to identify hazards and problem areas concerning life
safety and health. Representatives of the motel were also present at time of inspection.
Conditions found on 03/18/2015
Room 2 Hot plate in room
Room 3 No inspection, couldn't get in
Room 4 Smoke detector slow to react,needs replacement.
Room 6 Smoke detector slow to react,needs replacement.
Room 8 Smoke detector slow to react,needs replacement.
Room 11 Crock pot in room
Room 31 Toaster in room
Deputy Paananen
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Craigville Motel Inspection
Room Number 32 Up/left Date March 18, 2015
Room Size No. of Occupants allowed
Occupants: SFr%"rT EZ- NOT 3upr�'
Adult
�j ke Ve
Ea Adult � hW 1& 5�
[]Children
❑Infant
Arrival Date Length of Stay
Pets Notes
❑Dog ❑Other
❑Cat
❑Bird
Cooking Provisions and Appliances:
❑Pots/pans
❑Cooking utensils ❑ Oven
EKQicrowave
GYRefrigerator
❑Toaster
❑Hotplate f'l�4_ —{-U -.,(3 rd0�.--
❑Crock-pot )
Good— non-perishable
Good—perishable
Room Conditions Common Areas
❑Bed bug/fleas/Insects Emerg exit/stairways
MHot water Clear Yes❑ No ❑
Gileat
❑Obstructed Egress
❑Combustibles
Electrical Hazards Storage Areas
❑Extension cords ❑Combustibles
❑Overload plugs
20perable smoke detector
❑Other hazards
NOTES
���"iL�viC,LE M p7�Z
TOWN OF BARNSTABLE
BOARD OF HEALTH
ARTICLE II: MINIMUM STANDARDS FOR HUMAN HABITATION
Date kv, Time: In .'D out I :I Y �•
Owner -a Le. Tenant
Address L ,194115; y40';Q--�7 Address
A
Compliance Remarks or
Regulation# Yes NO Recommendations
2. Kitchen Facilities
3. Bathroom Facilities AA
4.Water Supply (�
M -}YcT••1e i1 uvn. -tz
5. Hot Water Facilities a ^
6. Heating Facilities
7. Lighting and Electrical Facilitiest
8. Ventilation b n _
9. Installation and Maintenance of Facilities
10. Curtailment of Service u�\N -44
11. Space and Use
12. Exits
13. Installation and Maintenance of Structural
Elements (N4LLl� �,
14. Insects and Rodents J k 0
15. Garbage and Rubbish Storage and Disposal o� -�oj... ak C ,L
16. Sewage Disposal 2
17.Temporary Housing
18. Driveway Width
19. Number of Tenants Observed nn
PART 11 j S .3T
37. Placarding of Condemned Dwelling; 6'x—t-a UAQU40j.-u� loczs
Removal of Occupants; Demolition
Number of Bedrooms Number of Vehicles Allowed (max)
Number of Persons Allowed (max)
Person(s) Interviewed Inspector
If Public Building such as Store or Hotel/Motel specify here
f ed@edmerryelectrician.com �� I�
15 Checkerberry Lane
West Yarmouth MA 02673
{ y.
PHONE DATE OF ORDER
Phone 508-221-4335 Fax 508-827-4737 SO
ORDER TARN BY CUSTOMER'S ORDER NUMBER
" ':TO C rw 4 e- m `ire / ❑ DAY WORK ❑ CONTRACT ❑ EXTRA
-+rr' JOB NAMEINUMBER
JOB LOCATION
V JOB PHONE STARTING DATE
TERMS:
OTY:; MATERIAL _ PRICE AMOUNT DESCRIPTION OF WORK
chJ r v rLJ
c 'rc Al) O'ms
OTHER CHARGES
TOTALOTHER
i
LABOR HRS. RATE AMOUNT
OIL "."000l
TOTAL LABOR
DATE COMPLETED
TOTAL MATERIALS TOTAL MATERIALS
TOTALOTHER
Work ordered by
TAX
Signature 75'
I hereby acknowledge the satisfactory completion of the above described work TOTAL /
Merry Master Electrician LLC
( 1 ;
ed@edmerryelectrician.com :.__J L� `•3 • b'� — �u •
15 Checkerberry Lane
West Yarmouth, MA 02673
PHONE DATE OF ORDER
Phone 508-221-4335 Fax 508-827-4737 .SO 8 V.2 ISS3 -
ORDER TAKEN BY CUSTOMER'S ORDER NUMBER.
TQ _ Ci r-44 ❑ DAY WORK [I CONTRACT ❑ EXTRA
/ JOB NAMEfNUMBER
JOB LOCATION
JOB PHONE STARTING DAIS
TERMS:
OTY. MATERIAL PRICE AMOUNT DESCRIPTION OF WORK
tis-- •.) 0> .11e-r5
OTHER CHARGES
TOTALOTHER
LABOR HRS. RATE' AMOUNT
>
TOTALLABOR
DATE COMPLETED TOTAL MATERIALS - TOTAL MATERIALS
TOTAL OTHER
Work ordered by
TAX
Signature
I hereby acknowledge the satisfactory completion of the above described work TOTAL
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Craigville Motel Inspection
Room Number 1 UP/Right Date March 18, 2015
Room Size No. of Occupants allowed
Occupants:
❑ Adult
❑ Adult
❑Children
❑Infant
Arrival Date Length of Stay
Pets Notes
❑Dog ❑Other
-❑Cat
❑Bird
Cooking Provisions and Appliances:
❑Pots/pans
❑Cooking utensils ❑ Oven
❑Microwave
❑Refrigerator
❑Toaster
❑Hotplate
❑Crock-pot
❑Food— non-perishable
❑Food—perishable
Room Conditions Common Areas
❑Bed bug/fleas/Insects Emerg exit/stairways
❑Hot water Clear Yes❑ No ❑
❑Heat
❑Obstructed Egress
❑Combustibles
Electrical Hazards Storage Areas
❑Extension cords ❑Combustibles
❑Overload plugs
❑Operable smoke detector
❑Other hazards
NOTES
Craigville Motel Inspection
Room Number 2 UP/Rlght Date March 18, 2015
Room Size No. of Occupants allowed
Occupants:
❑ Adult
❑ Adult
❑Children
❑Infant
Arrival Date Length of Stay
Pets Notes
❑Dog ❑Other
❑Cat
❑Bird
Cooking Provisions and Appliances:
-❑Pots/pans
❑Cooking utensils ❑ Oven
❑Microwave
❑Refrigerator
❑Toaster
❑Hotplate
❑Crock-pot
❑Food—non-perishable
❑Food—perishable
Room Conditions Common Areas
❑Bed bug/fleas/Insects Emerg exit/stairways
❑Hot water Clear Yes[] No ❑
❑Heat
❑Obstructed Egress
❑Combustibles
Electrical Hazards Storage Areas
❑Extension cords ❑Combustibles
❑Overload plugs
❑Operable smoke detector
❑Other hazards
NOTES
Craigville Motel Inspection
Room Number 3 UP/Right Date March 18, 2015
Room Size No. of Occupants allowed
Occupants:
❑ Adult
❑ Adult
❑Children
❑Infant
Arrival Date Length of Stay
Pets Notes
❑Dog ❑Other
❑Cat
❑Bird
Cooking Provisions and Appliances:
❑Pots/pans
❑Cooking utensils ❑ Oven
❑Microwave
❑Refrigerator
❑Toaster
❑Hotplate
❑Crock-pot
❑Food—non-perishable
❑Food—perishable
Room Conditions Common Areas
❑Bed bug/fleas/Insects Emerg exit/stairways
❑Hot water Clear Yes❑ No ❑
❑Heat
❑Obstructed Egress
❑Combustibles
Electrical Hazards Storage Areas
❑Extension cords ❑Combustibles
❑Overload plugs
❑Operable smoke detector
❑Other hazards
NOTES
Craigville Motel Inspection
Room Number 4 UP/Right Date March 18, 2015
Room Size No. of Occupants allowed
Occupants:
❑ Adult
❑ Adult
❑Children
❑Infant
Arrival Date Length of Stay
Pets Notes
❑Dog ❑Other
❑Cat
❑Bird
Cooking Provisions and Appliances:
❑Pots/pans
❑Cooking utensils ❑ Oven
❑Microwave
❑Refrigerator
❑Toaster
❑Hotplate
❑Crock-pot
❑Food— non-perishable
❑Food—perishable
Room Conditions Common Areas
❑Bed bug/fleas/Insects Emerg exit/stairways
❑Hot water Clear Yes[] No ❑
❑Heat
❑Obstructed Egress
❑Combustibles
Electrical Hazards Storage Areas
❑Extension cords ❑Combustibles
❑Overload plugs
❑Operable smoke detector
❑Other hazards
NOTES
Craigville Motel Inspection
Room Number 4 UP/Ri6t Date March 18, 2015
Room Size No. of Occupants allowed
Occupants:
❑ Adult
❑ Adult
❑Children
❑Infant
Arrival Date Length of Stay
Pets Notes
❑Dog ❑Other
❑Cat
❑Bird
Cooking Provisions and Appliances:
❑Pots/pans
❑Cooking utensils ❑ Oven
❑Microwave
❑Refrigerator
❑Toaster
❑Hotplate
❑Crock-pot
❑Food— non-perishable
❑Food—perishable
Room Conditions Common Areas
❑Bed bug/fleas/Insects Emerg exit/stairways
❑Hot water Clear Yes❑ No ❑
❑Heat
❑Obstructed Egress
❑Combustibles
Electrical Hazards Storage Areas
❑Extension cords ❑Combustibles
❑Overload plugs
❑Operable smoke detector
❑Other hazards
NOTES
Craigville Motel Inspection
Room Number 5 UP/Right Date March 18, 2015
Room Size No. of Occupants allowed
Occupants:
❑ Adult
❑ Adult
❑Children
❑Infant
Arrival Date Length of Stay
Pets Notes
❑Dog ❑Other
❑Cat
❑Bird
Cooking Provisions and Appliances:
❑Pots/pans
❑Cooking utensils ❑ Oven
❑Microwave
❑Refrigerator
❑Toaster
❑Hotplate
❑Crock-pot
❑Food— non-perishable
❑Food—perishable
Room Conditions Common Areas
❑Bed bug/fleas/Insects Emerg exit/stairways
❑Hot water Clear Yes❑ No ❑
❑Heat
❑Obstructed Egress
❑Combustibles
Electrical Hazards Storage Areas
❑Extension cords ❑Combustibles
❑Overload plugs
❑Operable smoke detector
❑Other hazards
NOTES
Craigville Motel Inspection
Room Number 6 UP/Right Date March 18, 2015
Room Size No. of Occupants allowed
Occupants:
❑ Adult
❑ Adult
❑Children
❑Infant
Arrival Date Length of Stay
Pets Notes
❑Dog ❑Other
❑Cat
❑Bird
Cooking Provisions and Appliances:
❑Pots/pans
❑Cooking utensils ❑ Oven
❑Microwave
❑Refrigerator
❑Toaster
} ❑Hotplate
❑Crock-pot
❑Food—non-perishable
❑Food—perishable
Room Conditions Common Areas
❑Bed bug/fleas/Insects Emerg exit/stairways
❑Hot water Clear Yes❑ No ❑
❑Heat
❑Obstructed Egress
❑Combustibles
Electrical Hazards Storage Areas
❑Extension cords ❑Combustibles
❑Overload plugs
❑Operable smoke detector
❑Other hazards
NOTES
Craigville Motel Inspection
Room Number 7 UP/Right Date March 18, 2015
Room Size No. of Occupants allowed
Occupants:
❑ Adult
❑ Adult
❑Children
❑Infant
Arrival Date Length of Stay
Pets Notes
❑Dog ❑Other
❑Cat
❑Bird
Cooking Provisions and Appliances:
❑Pots/pans
❑Cooking utensils ❑ Oven
❑Microwave
❑Refrigerator
❑Toaster
❑Hotplate
❑Crock-pot
❑Food—non-perishable
❑Food—perishable
Room Conditions Common Areas
❑Bed bug/fleas/Insects Emerg exit/stairways
❑Hot water Clear Yes❑ No ❑
❑Heat
❑Obstructed Egress
❑Combustibles
Electrical Hazards Storage Areas
❑Extension cords ❑Combustibles
❑Overload plugs
❑Operable smoke detector
❑Other hazards
NOTES
Craigville Motel Inspection
Room Number 8 UP/Right Date March 18, 2015
Room Size No. of Occupants allowed
Occupants:
❑ Adult
❑ Adult
❑Children
❑Infant
Arrival Date Length of Stay
Pets Notes
❑Dog ❑Other
❑Cat
❑Bird
Cooking Provisions and Appliances:
❑Pots/pans
❑Cooking utensils ❑ Oven
❑Microwave
❑Refrigerator
❑Toaster
❑Hotplate
❑Crock-pot
[]Food—non-perishable
❑Food—perishable
Room Conditions Common Areas
❑Bed bug/fleas/Insects Emerg exit/stairways
❑Hot water Clear Yes❑ No ❑
❑Heat
i ❑Obstructed Egress
❑Combustibles
Electrical Hazards Storage Areas
❑Extension cords ❑Combustibles
[]Overload plugs
❑Operable smoke detector
i ❑Other hazards
NOTES
Craigville Motel Inspection
Room Number 9 UP/Right Date March 18, 2015
Room Size No. of Occupants allowed
Occupants:
❑ Adult
❑ Adult
❑Children
❑Infant
Arrival Date Length of Stay
Pets Notes
❑Dog ❑Other
❑Cat
❑Bird
Cooking Provisions and Appliances:
❑Pots/pans
❑Cooking utensils ❑ Oven
❑Microwave
❑Refrigerator
❑Toaster
❑Hotplate
❑Crock-pot
❑Food—non-perishable
❑Food—perishable
Room Conditions Common Areas
❑Bed bug/fleas/Insects Emerg exit/stairways
❑Hot water Clear Yes❑ No ❑
❑Heat
❑Obstructed Egress
❑Combustibles
Electrical Hazards Storage Areas
❑Extension cords ❑Combustibles
❑Overload plugs
❑Operable smoke detector
❑Other hazards
NOTES
Craigville Motel Inspection
i
Room Number 10 UP/Right Date March 18, 2015
Room Size No. of Occupants allowed
Occupants:
❑ Adult
❑ Adult
[]Children
❑Infant
Arrival Date Length of Stay
Pets Notes
❑Dog ❑Other
❑Cat
❑Bird
Cooking Provisions and Appliances:
❑Pots/pans
❑Cooking utensils ❑ Oven
❑Microwave
❑Refrigerator
❑Toaster
❑Hotplate
❑Crock-pot
❑Food—non-perishable
❑Food—perishable
Room Conditions Common Areas
❑Bed bug/fleas/Insects Emerg exit/stairways
❑Hot water Clear Yes❑ No ❑
❑Heat
❑Obstructed Egress
❑Combustibles
Electrical Hazards Storage Areas
❑Extension cords ❑Combustibles
❑Overload plugs
❑Operable smoke detector
❑Other hazards
NOTES
i
Craigville Motel Inspection
Room Number 11 UP/Right Date March 18, 2015
Room Size No. of Occupants allowed
Occupants:
❑ Adult
❑ Adult
❑Children
❑Infant
Arrival Date Length of Stay
Pets Notes
❑Dog ❑Other
❑Cat
❑Bird
Cooking Provisions and Appliances:
❑Pots/pans
❑Cooking utensils ❑ Oven
❑Microwave
❑Refrigerator
❑Toaster
❑Hotplate
❑Crock-pot
❑Food—non-perishable
DFood—perishable
Room Conditions Common Areas
❑Bed bug/fleas/Insects Emerg exit/stairways
❑Hot water Clear Yes❑ No ❑
[]Heat
❑Obstructed Egress
❑Combustibles
Electrical Hazards Storage Areas
❑Extension cords ❑Combustibles
❑Overload plugs
❑Operable smoke detector
❑Other hazards
NOTES
Craigville Motel Inspection
Room Number 12 UP/Right Date March 18, 2015
Room Size No. of Occupants allowed
Occupants:
❑ Adult
❑ Adult
❑Children
❑Infant
Arrival Date Length of Stay
Pets Notes
❑Dog ❑Other
❑Cat
❑Bird
Cooking Provisions and Appliances:
❑Pots/pans
❑Cooking utensils ❑ Oven
❑Microwave
❑Refrigerator
❑Toaster
❑Hotplate
❑Crock-pot
❑Food—non-perishable
❑Food—perishable
Room Conditions Common Areas
❑Bed bug/fleas/Insects Emerg exit/stairways
❑Hot water Clear Yes[] No ❑
❑Heat
❑Obstructed Egress
❑Combustibles
Electrical Hazards Storage Areas
❑Extension cords ❑Combustibles
❑Overload plugs
❑Operable smoke detector
❑Other hazards
NOTES
Craigville Motel Inspection
Room Number 14 UP/Right Date March 18, 2015
Room Size No. of Occupants allowed
Occupants:
❑ Adult
❑ Adult
❑Children
❑Infant
Arrival Date Length of Stay
Pets Notes
❑Dog ❑Other
❑Cat
❑Bird
Cooking Provisions and Appliances:
❑Pots/pans
❑Cooking utensils ❑ Oven
❑Microwave
❑Refrigerator
[]Toaster
❑Hotplate
❑Crock-pot
❑Food— non-perishable
❑Food—perishable
Room Conditions Common Areas
❑Bed bug/fleas/Insects Emerg exit/stairways
❑Hot water Clear Yes❑ No ❑
❑Heat
❑Obstructed Egress
❑Combustibles
Electrical Hazards Storage Areas
❑Extension cords ❑Combustibles
❑Overload plugs
❑Operable smoke detector
f ❑Other hazards
NOTES
Craigville Motel Inspection
Room Number 15 Up/Right Date March 18, 2015
Room Size No. of Occupants allowed
Occupants:
❑ Adult
❑ Adult
❑Children
❑Infant
Arrival Date Length of Stay
Pets Notes Previously noted:
Garden Room
❑Dog ❑Other
❑Cat
❑Bird
Cooking Provisions and Appliances:
❑Pots/pans
❑Cooking utensils ❑ Oven
❑Microwave
❑Refrigerator
❑Toaster
❑Hotplate
❑Crock-pot
❑Food—non-perishable
❑Food—perishable
Room Conditions Common Areas
❑Bed bug/fleas/Insects Emerg exit/stairways
❑Hot water Clear Yes❑ No ❑
❑Heat
❑Obstructed Egress
❑Combustibles
Electrical Hazards Storage Areas
❑Extension cords ❑Combustibles
❑Overload plugs
❑Operable smoke detector
El Other hazards
NOTES
i
Craigville Motel Inspection
Room Number 16 UP/Right Date March 18, 2015
Room Size No. of Occupants allowed
Occupants:
■ Adult
❑ Adult
❑Children
❑Infant
Arrival Date Length of Stay
Pets Notes: Daughter's Room
❑Dog ❑Other
❑Cat
❑Bird
Cooking Provisions and Appliances:
❑Pots/pans
❑Cooking utensils ❑ Oven
❑Microwave
❑Refrigerator
❑Toaster
❑Hotplate
❑Crock-pot
❑Food—non-perishable
❑Food—perishable
Room Conditions Common Areas
❑Bed bug/fleas/Insects Emerg exit/stairways
❑Hot water Clear Yes❑ No ❑
❑Heat
❑Obstructed Egress
❑Combustibles
Electrical Hazards Storage Areas
❑Extension cords ❑Combustibles
❑Overload plugs
❑Operable smoke detector
❑Other hazards
NOTES
Craigville Motel Inspection
Room Number 17 Up/APT Date March 18, 2015
Room Size No. of Occupants allowed
Occupants:
❑ Adult
❑ Adult
❑Children
❑Infant
Arrival Date Length of Stay
Pets Notes
❑Dog ❑Other
❑Cat
❑Bird
Cooking Provisions and Appliances:
❑Pots/pans
❑Cooking utensils ❑ Oven
❑Microwave
❑Refrigerator
❑Toaster
❑Hotplate
❑Crock-pot
❑Food—non-perishable
❑Food—perishable
Room Conditions Common Areas
❑Bed bug/fleas/Insects Emerg exit/stairways
❑Hot water Clear Yes❑ No ❑
❑Heat
❑Obstructed Egress
❑Combustibles
Electrical Hazards Storage Areas
❑Extension cords ❑Combustibles
❑Overload plugs
❑Operable smoke detector
❑Other hazards
NOTES
Craigville Motel Inspection
i
Room Number 18 UP/Left Date March 18, 2015
Room Size No. of Occupants allowed
Occupants:
❑ Adult
❑ Adult
❑Children
❑Infant
Arrival Date Length of Stay
Pets Notes
❑Dog ❑Other
❑Cat
❑Bird
Cooking Provisions and Appliances:
❑Pots/pans
❑Cooking utensils ❑ Oven
❑Microwave
❑Refrigerator
❑Toaster
❑Hotplate
❑Crock-pot
❑Food— non-perishable
❑Food—perishable
Room Conditions Common Areas
❑Bed bug/fleas/Insects Emerg exit/stairways
❑Hot water Clear Yes❑ No ❑
❑Heat
❑Obstructed Egress
❑Combustibles
Electrical Hazards Storage Areas
❑Extension cords ❑Combustibles
❑Overload plugs
❑Operable smoke detector
❑Other hazards
NOTES
Craigville Motel Inspection
Room Number 19 UP/Left Date March 18, 2015
Room Size No. of Occupants allowed
Occupants:
❑ Adult
❑ Adult
❑Children
❑Infant
Arrival Date Length of Stay
Pets Notes
❑Dog ❑Other
❑Cat
❑Bird
Cooking Provisions and Appliances:
❑Pots/pans
❑Cooking utensils ❑ Oven
❑Microwave
❑Refrigerator
❑Toaster
❑Hotplate
❑Crock-pot
❑Food—non-perishable
❑Food—perishable
Room Conditions Common Areas
❑Bed bug/fleas/Insects Emerg exit/stairways
❑Hot water Clear Yes❑ No ❑
❑Heat
❑Obstructed Egress
❑Combustibles
Electrical Hazards Storage Areas
❑Extension cords ❑Combustibles
❑Overload plugs
❑Operable smoke detector
❑Other hazards
NOTES
i
Craigville Motel Inspection
Room Number 20 UP/Left Date March 18, 2015
Room Size No. of Occupants allowed
Occupants:
❑ Adult
❑ Adult
❑Children
❑Infant
Arrival Date Length of Stay
Pets Notes
❑Dog ❑Other
❑Cat
❑Bird
Cooking Provisions and Appliances:
❑Pots/pans
❑Cooking utensils ❑ Oven
❑Microwave
❑Refrigerator
❑Toaster
❑Hotplate
❑Crock-pot
❑Food—non-perishable
❑Food—perishable
Room Conditions Common Areas
❑Bed bug/fleas/Insects Emerg exit/stairways
❑Hot water Clear Yes❑ No ❑
❑Heat
❑Obstructed Egress
❑Combustibles
Electrical Hazards Storage Areas
❑Extension cords ❑Combustibles
❑Overload plugs
❑Operable smoke detector
❑Other hazards
NOTES
Craigville Motel Inspection
Room Number 21 UP/Left Date March 18, 2015
Room Size No. of Occupants allowed
Occupants:
❑ Adult
❑ Adult
❑Children
❑Infant
Arrival Date Length of Stay
Pets Notes
❑Dog ❑Other
❑Cat
❑Bird
Cooking Provisions and Appliances:
❑Pots/pans
❑Cooking utensils ❑ Oven
❑Microwave
❑Refrigerator
❑Toaster
❑Hotplate
[]Crock-pot
❑Food—non-perishable
❑Food—perishable
Room Conditions Common Areas
❑Bed bug/fleas/Insects Emerg exit/stairways
❑Hot water Clear Yes❑ No ❑
❑Heat
❑Obstructed Egress
❑Combustibles
Electrical Hazards Storage Areas
❑Extension cords ❑Combustibles
❑Overload plugs
❑Operable smoke detector
❑Other hazards
NOTES
Town of Barnstable
Regulatory Services
Richard Scali, Director
* MUMSTABL&
�A.O� Public Health Division
Thomas McKean,Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
February 23, 2015
Jitendra Patel
Craigville Motel
8 Shoot Flying Hill Road
Centerville, MA 02632
ORDER TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY .
CODE II — MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION
AND THE CODE OF THE TOWN OF BARNSTABLE GENERAL
ORDINANCES.
The property owned by you located at 8 Shoot Flying Hill Road, West Barnstable, MA
was inspected on February 23, 2015 by Donald Desmarais, R.S., Health Inspector,
Timothy O'Connell, R.S. Health Inspector and Thomas McKean, Director of Public
Health for the Town of Barnstable because of a scheduled inspection with various town
departments.
The following violations of the State Sanitary Code were observed:
105 CMR 410.351 —Owner's Installation and Maintenance Responsibilities
Observed multiple GFCI plug outlets not functioning as intended to within bathrooms in
unit(s) 1, 6,7,8,9,10, 38,39,40,41,42. Unit 33 bathroom plug painted over rendering it
unsafe. It was also observed that said outlets have an"open ground." according electrical
testing device.
105 CMR 410.351 —Owner's Installation and Maintenance Responsibilities
Observed missing sink drain stopper's within unit(s): 18, 23, 26, 30 and 32.
105 CMR 410.351 —Owner's Installation and Maintenance Responsibilities
Broken light switch plate cover within bathroom at unit number 36.
105 CMR 410.351 —Owner's Installation and Maintenance Responsibilities
Water control knob detached from tub of unit 41.
105 CMR 410.500—Owner's Responsibility to Maintain Structural Elements
Crack in shower wall observed within unit 38.
105 CMR 410.500—Owner's Responsibility to Maintain Structural Elements
Bathroom sink vanity door partial detached.
QAOrder letters\Housing-Motel Violations\8 shootflying hill Am 2-23-15.doc
:d You are directed to correct the violations listed above within twenty-four (24) hours
of your receipt of this notice by hiring a licensed electrician to repair or replace said
outlets so they work as intended to. You are directed to correct all other violations
listed above within twenty one (21) days of your receipt of this notice by making all
other repairs as noted above.
You may request a hearing before the Board of Health if written petition requesting same
is received within ten (10) days after the date the order is served. Non-compliance will
result in a fine of$100.00 per violation. Each day's failure to comply with an order shall
constitute a separate violation..
,PER ORDE40FHE BOARD OF HEALTH
omas . M , S., CHO
Director of Public Health
Town of Barnstable
i
I
QAOrder letters\Housing-Motel Violations\8 shootflying hill.doe 2-23-15.doc
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' I I I East Falmouth Highway, East Falmouth,MA 02536 =======COMPANY
I I I East Falmouth Highway,East Falmouth,MA 0253E '
I
www.thefuelcompany.com 508.548.3030 800.649.3412 www.thefuelcompany.com 1 508.548.3030 800.649.3,
BILL TO
ADDRESS BILL TO
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DELIVERY
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service needs: us for all your
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service needs:
HEATING EL `vr.•
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COOLING t=..:
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PLUMBING `ol,
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GENERATORS ~':. ?,,.: _. ._' _... I HOME V:
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THIS IS YOUR INVOICE
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TOWN OF BARNSTABLE BAR-W 5�0 5 4
Ordinance or Regulation
WARNING NOTICE
Name of Offender/Manager t <�
Address of Offender MV/MB Reg.#
Village/State/Zip ' 14
Business Name NCL.'Dopm, on ;_a 5 20L5
Business Address (2-s;
Sig at re of Enforci g Officer
Village/State/Zip
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Location of Offense
R 2 Enforcing Dept/Division
Offense g)'5c- ` �0d 7
Facts G .�..,
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This will serve only as a warning. At this time rio legal action has been taken.
It is the goal of Town agencies to achieve voluntary compliance of Town
Ordinances, Rules and Regulations. Education efforts and warning notices are
attempts to gain voluntary compliance. Subsequent violations will result in
appropriate legal action by the Town.
WHITE-OFFENDER CANARY-ORD./REG.-PROG. PINK-ENFORCING OFFICER GOLD-ENFORCING DEPT.
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WEST BARNSTABLE FIRE DEPARTMENT
2160 Meetinghouse Way
Post Office Box 456
West Barnstable,Ma. 02668
westbarnstablefiredept@verizon.net
D"ID PAANANEN
Deputy Chief
Business: 508-362-3241 Fax: 508-362-3683 Emergency: 911
November 05, 2014
Today the West Barnstable Fire Department and Town of Barnstable Zoning and Building
inspectors inspected the Craigsville Motel, Located at 8 Shootflying Hill.Road, West Barnstable,
MA. The reason for the inspection was to identify hazards and problem areas concerning life
safety and health.Also present at time of inspection was the facility maintenance manager.
Conditions found on 11/05/2014
Room 35 large amounts of clutter
Room 36 smoke detector disconnected
Room 37 toaster and crockpot
Room 3.9 smoke detector disconnected by tenant because it was not working properly
Toaster oven,.open flame candle burning(extinguished prior to leaving room)
Room 40 smoke detector removed and on table,toaster,hot plate.
Room 41 was not inspected large barking dog in the room,no answer at door.
Storage near room 32 had 6-8 tiers.Advised maintenance to remove tiers
Room 30 smoke detector in place not working missing wires
Room 26 smoke detector disconnected
Room 25 smoke detector disconnected
Storage by room 22 to high within 2 feet of ceiling
Room 17 smoke detector in multi room apartment not interconnected.
Storage by room 11 to high within 2 feet of ceiling
Storage in basement under lobby area to high
t
Oil tank gauges reading improper amount tanks were near empty and gauges read '/o tank.
Use of damaged extension cords in the rented rooms
All smoke detectors older than 10 years old need to be replaced.
Deputy Paananen
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CR ATCTVIT,IF,MOTE
R SHOOT FI,YTNCT HU J,RD
C;F,NTF,RVTT,T,F,MA 02632 TOWN OF BARNSTABLE'
508-362-3401
Printed: 12/23/2014- 10:18am ^j q n�,r �3 11. o(;
Page#: 1
Date: 12/23/2014 Room Count:29
***ROOM ORDER GUEST LIST*** DIVISION
Room Guest Name sigy Rate Pa3ments Balance Remarks
1 101PYO,CHARLES 12/15/14 0.0 0.0 0.0dul 0 Ch TODAY
2 102 ANFORTH,DIANE 12/15/14 40.00 561.4 -240.0
1 Adult 0 Chl 12/29/14
3 103 A/EBONF,TO 12/15/14 40.0 200.0 120.0
2 Adult,0 C TODAY
4 104 NS VAESBRAND 1V15/14 42.5 535.8 -81.0
2 dul C 12/26/14
5 105 EREK,HIGGINS 12/19/14 35.5 248.9 -106.71
1 Adult 0 Chl 12/26/14
6 106 _AVANAUGH,JOHN 12/15/14 42.85 567.1 -1842
Ad h12/27/14
7 107 RICIIERDNAUGILAN 12/15/14 40.00 458.7 -120.0
2 Adult 0 Ch 12/26/14
8 108 DID/CARPANTER 12/15/14 40.0 458.7 -120.0
2 Adult U Chl 1 26/14
9 110 REG,MCCARTH 12/15/14 40.00 458.7 -115.3
2 Adult,0 hi 12/26/14
10 Ill HERYL/ANN,LAPERL 12/15/14 42.00 512.6 163.0
2 Adul Ch 12/27/14
11 117 USAN/HOWES,DAVE 12/15/14 50.00 0.00 6446.3
2 AdWL 0 Ch 12/31/14
12 123 IKAINEN/CEAH 12/15/14 40.00 324.68 0.0
1 Adult 0 Chl TODAY
13 126 STEAD,PATIRICIE 12/15/14 45.00 561.35 -130.2
Adul 0 Chl 12/26/14
14 127 WILLIAM,RODREK 09/23/04 0.00 2493.30 50598.71 00.00
O2/05
15 128 'SSABSABI,NADIA 12/15/14 40.0 446.8 -89.3
1 Adult.0 Ch 1 12/25/14
16 129 UI7/LESLIE,KNOTTS/ 12/19/14 42.00 294.0 -126.0
2 Adultj Chl 12/26/14
17 130 ENNIFER/,PENWELL 12/17/14 40.00 280.0 -40.0
1 Adult 0 Chl 12/24/14
18 131 ISH/AMANDA,MCNA 12/19/14 42.00 294.0 -126.0
2 Adult 0 Chl 12/26/14
19 132 VIARRY,TONY/FERNA 12/15/14 37.00 165.32 165.3
2 Adult,0 Ch] TODAY
20 133 HRISTINE/CHRISTINE 12/15/14 50. 329.00 117.8
21 134 LNIKAINEN/LEAH 12/15/14 40.0 400.00 130.0
2 AdulL 0 lil 12/25/14
22 135 ESSICA/BURNELKLL 12/15/14 43.0 493.1 -129.0
PdChl
Adult Ch 2/26/1
23 136 RY MARTSA 12/15/14 42.0 444.5. -94.0
Ch 2/25/14
24 137 JUNA,BART 12/15/14 40.0 0. 357.44
TODAY
25 138 RAMA/NAPALY 12/15/14 30.00 502.E -234.55
2 Adui I Chl 12/30/14
26 139 RAUL RVIERA 12/15/14 40.00 455.6 -159.8
1 AAWIL 0 Chl 12/29/14
CR AICTVIT J Y MOTF,T,
8 SHOOT FLYING HU J,RD
CF,NTF,RVTT,T,F MA 02632 TOWN OF BARNSTABLE
508-362-3401
Printed: 12/23/2014- 10:18am I Aj r ?fs
Page#:2
Date: 12/23/2014 Room Count:29
***ROOM ORDER GUEST LIST
r141
Cue Name Pate Pa ents Balance Remazls
27CARILETT,AMNSO 12/15/14 42.8 286.8 95.6
2 Adult,0 Ch TODAY
28RIC,STCYR 12/15/14 40.0 458.7 -120.01 dul 0 Ch 12/ 6/1429UAY/RIVIECCTO 12/15/14 40.0 0.0 5357.4
2 Adult hl TODAY
DATE: December 23, 2014
TO: Building File—
FROM: R. Anderson
RE: Re-inspection t
OWNER: Tara Patel
LOCUS: 8 Shoot flying Hill Rd, WB
PRESENT: Tom Perry, BC, Robert McKechnie, LI, Donald Desmarais, Health
Inspector, Tim O'Connell, Health, Tom McKean, Health Director,
DC David Paananen, WBFD, Barnstable PD
Reported to site at 1:30 on 12/22/2014. Returned original guest register records to
property owner. Police Chief advised property owner that occupants are dealing heroin
out of this location; they have executed three search warrants in a short period of time.
The property qualifies as a Problem Property under the new ordinance and if the offenses
do not stop, a cruiser will be posted in the front 24/7 at the expense of the owner. The
Chief also noted that the owner had not responded to his letter concerning that matter.
Ultimately, they arranged an appointment to meet during the first week of January.
The team proceeded the rear of the facility and our inspection commenced with the end
unit on the far left side of the facility.
LOWER LEVEL UNITS
Unit 33
Adults 2
Baby 1
Unit 34
Adults 2
Unit 35
Adults 2
Baby 1
This unit had a burning candle.
Unit 36
Adults 2
Child 1
This unit had a motorcycle stored inside.
This unit had a toaster,pots and pans, coffee maker and food.
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Unit 37
Adults 1
Child 1
This unit had a couch. The female adult advised that the couch was already in the unit
when she rented it.
Unit 38
Adults 2
Child 1
This unit had a container of Bed Bug pesticide in the window.
Unit 39
Adults 1 male
This unit had a bird in a large cage and cats. This room very clean and neat.
Unit 40
Adults 2
The male resident answered the door with a knife in his hand.
This unit had three tires stored outside and a bicycle.(Ordered to be removed)
This unit had a portable electric fireplace as the heater was reported to not be working.
The smoke detector was beeping when we entered. Occupant indicated it has beeping for
a couple of weeks or days—he was not really coherent.
Unit 41
Adults 1
Common stairway to second level was locked. Tara unlocked the door.
Unit 42
Adults 2
Child 1
This unit did not have contrasting unit numbers. They were painted white—same as the
trim.
This unit has a grill outside. Occupants were responsible for scraps of foil and paper
they were scattered just behind the perimeter fence.
Lower Rear—Outside
The area down hill, behind the fence where the septic and leeching areas are located also
were found to contain old appliances.
UPPER LEVEL UNITS
Far End—Street end/left side facing facility
Storage Unit
Found 8 tires stored inside—tires were ordered to be removed on Nov. S by WBFD
The tires were removed and loaded into the back of a pick up truck.
Unit 32
Adults 2 CONFIRM THIS
One occupant was sleeping and did not respond. On previous occasion s he was annoyed
we were there and was a little hostile.
Unit 31
Adults 2
Unit 30
Adults 1
Unit 29
Adults 2
Baby 1
Unit 28
Adults 1 male
This unit was very clean.
Unit 27
Adults 1
This unit is the residence of the maintenance man, Bill Roderick
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' Unit 26
Adults 2
Unit 25
Vacant
Unit 24
Vacant
Unit 23
Adults 1
Unit 22 Corner unit
Adults 2
This room was rented for a single night. Tara did not want us to disturb them.
Unit 21
Vacant
Unit 20
Vacant
Unit 19
Vacant
Unit 18
Vacant
Unit 17—Upstairs Apt
Adults 2
Child 3
Tara said 2 teens but male teen present said 3.
Total occupants 5—maybe more.
Unit 1 Far End—Street end/right side facing facility
Adults 1
The end unit is now being used as storage by the occupant of Unit 1.
The smoke detector was missing batteries. Tara replaced them before we left.
Found sign in window box MOBILE EQUIPMENT REPAIR SERVICE 781-752-7232
Not sure if Unit I or Unit2 (I think it was 2)
Unit 2
Adults 1
This unit had a candle burning.
Unit 3
Adults 2
Unit 4
Adults 2
Baby 2
Infant and toddler.
Female adult occupant stated she lived there for 1 '/2 weeks.
This unit was undersized for 4 occupants. It could only accommodate 3.
Tara reported only 2 adults and one baby.
Health ordered them moved to a larger room or to have 2 adjoining rooms. Tara stated
she would evict them, no rooms large enough.
Unit 5
Adults 1
Unit 6
Adults 1
Unit 7
Adults 2
Unit 8
Adults 2
Occupants stated they have been therefor 2 weeks.
The window screen was torn.
Unit 9
Adults 2
Unit 10
Adults 2
Unit 11
Adults 2
Unit 12
Vacant
Unit 14
Vacant
Unit 15
Vacant—Garden room
Unit 16
Adult 1
This is Tara's daughter's room adjacent to the office.
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General Conditions
The following list identifies common items or conditions of the rooms through out the
entire facility:
• Missing smoke detectors—or inoperable detectors
• Microwaves
• Coffee pot
• Portable cooking devices, hot plate/slow cookers/pots &pans/cooking utensils/
• Canned food/spices/cereal/coffee/microwave food products/Ramin noodles
• Pets &pet food—dogs/cats and birds
• Toys
• Unmade beds/bare mattresses
• Mattress stacked inside the room—against the window
• Stained carpet and curtains/lingering tobacco odor.
• Distinct lack of fresh air and light
• Overcrowded rooms with personal belongings or too many occupants for size of
room
• There is no safe place for children to play.
• There is no safe place for dogs be outside/exercised or run.
Clearly, this facility was not intended to be permanent living quarters.
A motel designed for transient visits cannot properly function as a multifamily apartment
complex without improvements and proper oversight.
This is Not a Motel Because:
Clearly, the primary use of these is rooms by the nearly homeless. In reviewing the
register and my notes from previous inspections, the true recreational guest is rare
especially outside of the typical tourist months.
The latest guest log reflects common Cape names & local addresses.
Housing keeping service is not provided. (The one exception is the one true transient over
night guest noted in Room 22 on this date.)
No one is noticing when smoke detectors are disconnected—as a lack of housekeeping.
There is no coffee or continental breakfast set up in the lobby as shown on a brochure.
Lack of hot water: It has been alleged by occupants that many rooms lack adequate hot
water. The allegation stated that the owner only orders $100.00 worth of oil at a time—
not enough to service the number of rooms on site.
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Code Enforcement Notes
No one is checking the rooms for operable smokes upon vacancies so management
remain s unaware that the batteries died or the units were disconnected because the last
occupant was a heavy smokers and couldn't stand listening to the alarm every time he lit
up! This is a common violation found by Deputy Chief Paananen with every inspection
or re-inspection.
Management denies knowledge of illicit activities, as well as the use of forbidden
cooking amenities and candles by long term guests.
Although, the owner, Tara is always very courteous and willing to correct whatever
violation is identified at the time,the strain on public resources is great.
Management resides on site and as such should be well aware of existing or deteriorating
conditions and guests/occupants.
By failing to make permanent corrections, management's reliance on municipal agencies
diverts needed resources from others.
Conclusion
Previous zoning decisions and applications indicate the property to consist of a motel
operation run 7 days a week/24 hrs a day, year round.
The analysis of the current use partially relies upon the documented history in our street
file. Prior to this ownership, there were no complaints or notice of the permanent
placement of"guests". Also absent is any hint of illicit activities.
Subsequent to the change of ownership in 1998, the facility deteriorated and the use the
expanded into long-term tenancy that eventually replaced the transient guest use.
At this juncture,the property owner must decide on a use: motel, rooming house or multi-
family. Is the Craigville Motel a facility dedicated to the service of tourists/transient
guests or is it a residential use that accommodates families and pets?
Once the true nature of the use is defined, we can determine and apply the proper codes
and resolve many of the issues and undesirable conditions that currently consumes too
many of our resources now.
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527 CMR Reference
1.04(3)Failure to comply with conditions of permit
1.06(2)Maintain fire protection system
10.02(1)Install/maintain fire extinguishers 13,(e
10.03(1)&(13)Keep egress/exit clear I�{
10.03(2)Emergency/exit lights i�,
10.03(4)Combustible/flammable storage (o(p
10.03(5)(c) Storage height 3q,
10.03(8)Maintain kitchen suppression O b
10.03(11)(a)&(b)Electrical hazard
10.03(13)(b)combustible/flammable in exit/stair/escape
10.09((1)Post evacuation plan
10.17(1)(c)Post occupancy load
11.03(2)Exhaust inspection/cleaning
21.02(5)Curtains/Draperies do not meet NFPA-701
29.03(1)-(7)Upholstered furniture and molded seating.
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527 CMR Reference
1.04(3)Failure to comply with conditions of permit
1.06(2)Maintain fire protection system 7.
10.02(1)Install/maintain fire extinguishers 13,(P
1003(1)&(1.3)Keep egress/exit clear
10.403(2)Emergency/exit lights r(,13
10.03(4)Combustible/flammable storage
19.03(5)Eo�Storage height
10.03(8)Maintain kitchen suppression 10'D
10.03(11)(a)&(b)Electrical hazard
1 0.03 1.3( )(b)combustible/flammable in exit/stair/escape
10.09(0)Post evacuation plan -
10.17(1)(c)Post occupancy load
11.03(2),Exhaust inspection/cleaning
21.02(5)Curtains/Draperies do not meet NFPA'701 M
29.03 1 G
{ }-{7)Upholstered furniture and molded seating.
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HOUSINGCHAPTER 16
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BOARD OF HEALTH ROLE AT A GLANCE
$ Conduct housing inspections upon request to determine if violations of the State
Sanitary Code exist.
,
$ Report findings of the inspection to the property owner and tenant,and issue orders
to correct the violations.
$ Afford the property owner a hearing with the board of health and initiate judicial
proceedings if the property owner fails to obey the order.
$ Conduct a re-inspection at the property and issue a compliance letter if all violations
are remedied.
• Make sure your staff are up to date on all MA smoke alarm and carbon monoxide
detector legislation.
• Make sure your staff are familiar with safety standards for home swimming pools,
including fencing,self-closing latches and special drain covers or drain cover systems.
r OVERVIEW
The State Sanitary Code,Chapter H,AMinimum Standards of Fitness for Human Habitation@ provides
detailed standards for safe and sanitary housing...to protect the health,safety and well-beingof the occupants
of housing and of the general public,to facilitate the use of legal remedies available to occupants of substandard
i . housing to assist boards of health in their enforcement of this code,and to provide a method of nod6dngpersons
of conditions which require immediate attention.
Poor water supplies, insufficient heat, or pest infestation can contribute to or cause serious health
problems,especially for the elderly,children,or other vulnerable residents. Defective electrical systems,
,-inadequate exits,and structural defects may seriously endanger both residents of the unit and neighbors
or visitors as a result of fires or accidents. Crowded conditions,improper sewage disposal,and shared use
of toilets,water,and sleeping quarters is conducive to the proliferation of gastrointestinal ailments and
other communicable diseases, and could result in contamination of water supplies. Thus, problems
1 ,associated with substandard housing can be particularly challenging for boards of health.
All persons should be afforded a suitable living environment. Local boards of health are charged with
the responsibility of ensuring that occupants receive decent housing.The board of health (BOH)should
,direct their efforts towards maintenance of the quality of housing to prevent development of health
problems and public nuisances and to protect the quality of life. Measures to prevent housing problems
may_-include periodic inspections (which may uncover potential problems as well as actual violations of
i the Sanitary Code) as well as public education and advice to homeowners and landlords on howbest to
�• t mairitain and repair their property.
7
MassachuseftsBOHGuidebook $ Atioust,2009 $ Housing/Sanitary Code 16-1
If substandard housing exists, a BOH may require repairs, encourage rehabilitation, or condemn and
order demolition of unfit housing. The board may move beyond the level of responding to complaints by
working with other town officials,the business community and community groups to develop goals for
rehabilitation and repair of housing in the community. The BOH and its staff are likely to know
community conditions well enough to help set priorities and identify the most serious problem areas.
The Sanitary Code itself defines a minimal list of AConditions Deemed to Endanger or Impair Health or
Safety@(105 CMR 410.750). Inspectors must determine when they make an inspection if anyviolations
of the Code constitute conditions that may endanger or impair the health, safety, or well being of an
occupant (105 CMR 410.700). If a town decides to seek local or other funding (from either tax
revenues or private sources) for a housing rehabilitation program,the BOH can have an important role
in defining,documenting and describing the problems and proposed solutions.
A program of routine or systematic inspections may alert landlords to the interest of the town in
maintaining housing standards. If rental units or older homes likely to contain lead paint hazards are of
special concern,a limited routine inspection program may be directed at these types of dwelling units.
Inspecting a random sample of the target group of units may be a low-cost way to determine how
widespread a problem is. In addition, a routine inspection program may be considered a screening
device to check on those standards that the Sanitary Code and local boards of health identify as most
important.
The BOH may wish to enact a"Certificate of Occupancy" regulation requiring that all rental units be
inspected and brought up to code prior to occupancy. The municipality has leverage to ensure that this
class of housing is maintained in compliance with the minimum standards.
If inspection of a neighborhood uncovers numerous housing violations, there should be a search for
general environmental problems conducted prior to any other efforts to correct violations. The
neighborhood may contain environmental stresses that adversely affect the residents such as excessive
noise, glare, land covering, non-residential land uses, and traffic problems that may make the total
neighborhood an unpleasant place in which to live, and may lead residents to let their houses
deteriorate.
The first part of Chapter 11, Sections 410.100 through 410.750, provides a set of standards that are
designed to help determine whether or not a dwelling is fit for habitation.
Minimal standards are established for the following areas:
kitchen facilities- 410.100
bathroom facilities- 410.150 to 410.152
potable water- 410.180
hot water supplies- 410.190
heating requirements- 410.200, 410.201
lighting and electrical facilities- 410.250 to 410.258
ventilation- 410.280, 410.281
sewage disposal- 410.300
installation and maintenance of facilities- 410.350 to 410.352
space and use - 410.400 to 410.402
temporary housing- 410.430, 410.431
exits- 410.450, 410.451
security- 410.480, 410.481
maintenance of structural elements- 410.500 to 410.505
MassachuseftsBOHGuidebook
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insects and rodents- 410.550 to 410.553
garbage and rubbish storage and disposal- 410.600, 410.602
curtailment of service - 410.620
Massachusetts has a number of strong laws that provide a solid foundation on which to
build fire-related and carbon monoxide poisoning prevention. These include:
• Smoke Alarm Laws: The requirements concerning residential smoke alarm
installation in existing structures are stated in Massachusetts General Laws (MGL) ,
Chapter 148, sections 26B-26F. The minimal standard in Massachusetts is for smoke
alarms to be installed on every floor of the home, both inside and outside the
bedrooms and elsewhere as required by the Massachusetts Building Code, 780 Code of
Massachusetts Regulations (CMR), Chapters 9 and 36, effective February, 1997.
Chapter 148, section 26F describes the "sale of property law" that requires that the
seller of a property must provide smoke alarms in the required locations upon the sale
or transfer of the building.
• "Massachusetts Fire Safety Act" Chapter 304 of the Acts of 2004. This law mandates
sprinklers in places of assembly, such as nightclubs,with an occupancy of 100 persons
or more by Nov. 15, 2007.
• Nicole's Law. Massachusetts General Laws Chapter 148 section 26F1/2. Requires
residential buildings that contain enclosed parking or equipment such as boilers,
furnaces and hot water heaters to have working carbon monoxide detectors. Local fire
departments will inspect residences upon the sale or transfer of a property to ensure
compliance with the law.
Enforce minimum housing standards for all housing as set forth in the State Sanitary Code,
Chapter II, AMinimum Standards for Human Habitation@, 105 CMR 410.000, as required by
M.G.L. c. 111 ' 127A. Enforcement of the Minimum Standards for Human Habitation includes
enforcement of certain sections (specified in the Sanitary Code) of other Massachusetts state codes as
they apply to housing. (Note:Certain types of accommodations including recreational camps or cabins,
motels and mobile home parks, are defined and regulated under M.G.L.c. 140 '32A-G.)
Massachusetts State Regulations for Lead Poisoning Prevention and Control
(105 CMR 460.000)
Minimum Standards for Sewage Disposal Systems (State Environmental Code,Title 5,310 CMR 15.00)
Massachusetts State Plumbing Code (248 CMR 2.00)
i Massachusetts State Fuel Gas Code (248 CMR 4.00-8.00)
1 Massachusetts State Electrical Code (527 CMR 12.00)
Massachusetts State Building Code (780 CMR 1.00-22.00)
Enforcement for minimum standards for housing includes the following responsibilities:
Inspect when complaint is received or when requested to do so: (105 CMR 410.820, M.G.L. c. 111
' 127A; M.G.L.c. 140 '32B)
- dwellings/dwelling units
- rooming houses/rooming units (must be inspected prior to annual licensing)
- motels and mobile home parks (must be inspected prior to annual licensing).
Complaints may be made anonymously by anyone and must be acted upon.
Report all violations found during an inspection to the occupant (410.822C) and inform the occupant
(in summary) of the legal remedies available to him or her(410.821B).Verbal reports must be
made at the conclusion of the inspection with a written report of the inspection provided
within seven days.
Order (in writing) the owner or occupant to correct violations within the time specified by the Sanitary
Code, according to the seriousness of the hazard created by the violation (M.G.L. c. 111
'127A; 105 CMR 410.830). If there are no violations,issue a letter of compliance (105 CMR
410.832).
Conduct necessary re-inspections to determine compliance with previous orders (105 CMR
410.830C).
Hold a hearing if requested to do so by person(s) upon whom orders have been served, by anyone
aggrieved by a BOH or an inspector-s actions, or by their failure to take action (105 CMR
410.850-410.860).
Keep records of all:
- inspection requests
- inspection reports
- written orders to correct violations or to condemn a dwelling or unit
- variances granted, notices, orders or other records prepared in connection with
hearings (these must be kept as public records at the BOH or in the office of the
town clerk). A copy of the variance must be filed by the owner at the Registry of
Deeds
- final decisions and actions taken by the board in connection with enforcement of
Chapter II of the Sanitary Code.
The Sanitary Code contains specifications for maintaining records on requests for inspection and for
inspection report forms (see Sections 410.820B and 410.821). Boards of health may use their powers
specified in the Sanitary Code including emergency powers, if necessary, to protect life or health, to
clean a dwelling unit, make necessary repairs, condemn or demolish a dwelling or portion thereof.
(Refer to General Laws and Sanitary Code.)
$ The board may charge expenses incurred back to the responsible party.
$ The board may use various legal means to obtain cooperation and compliance with the
provisions of the Sanitary Code, including prosecution in the courts to impose fines upon
violators or persons impeding legitimate BOH activity (M.G.L.c. 111 ' 127A-N).
$ The board may seek injunctive relief to require a person to take corrective action.
$ The board may petition the court to set up a rent receivership in order to ensure that necessary
repairs can be made and paid for (M.G.L.c. 111 ' 127H-, .
$ Ticketing (M.G.L.XXX, c.40 '21D).
MassachuseftsBOHGuidebook
Consider and act upon any application for a license to operate a lodging house,mobile home park
or motel. A motel is defined by M.G.L. c. 140 '32A as Aany building or group of buildings which
provide sleeping accommodations for transient motorists and which is not licensed as an inn@ (under
M.G.L. c. 140 '32A). Mobile home parks are defined and regulated by provision of M.G.L. c. 140
' '32A-Q. A lodging house is defined by M.G.L.c. 140 '22. (For details on licensing and inspection of
recreational camps and family-type campgrounds, see chapter on inspection of public areas of this
Guidebook.)
Requirements for licensing (M.G.L.c. 140 '32B). Before granting,suspending or revoking a license,
the BOH must hold a public hearing, reasonable notice of which shall have been published
once in a local newspaper. Such licenses (unless previously suspended or revoked) shall expire
on December 31 of the year of issue,but may be renewed annually upon application without a
hearing. The fee for each original or renewal license is set by statute.
Notification requirements. The BOH must notify the Department of Environmental Protection
(DEP) of the granting or renewal of such a license,and DEP shall have jurisdiction to inspect
the premises to determine the source of water supply and works for the disposition of sewage are
sanitary. If DEP finds water sources polluted or disposal works unsanitary, it must notify the
BOH and the licensee to that effect by registered mail,and the board must forthwith prohibit
the use of any polluted water supply(M.G.L.c. 140 '32B).
The BOH must immediately,upon issuance of a license for a mobile home park,send a copy of
said license to the city or town clerk (M.G.L.c. 140 '32F).
Inspect from time to time (at least annually) all rooming houses, motels and mobile home parks
licensed by the BOH. If unsanitary conditions (violations of the state Sanitary Code or local
regulations) are found,the board may,after notice and a hearing,suspend or revoke the license
(M.G.L, c. 140 '32B).
Enforce local regulations regarding housing conditions.
Enforce state laws regarding fire safety and carbon monoxide poisoning prevention.
$ Establish standards of fitness for human habitation that must be maintained by the occupants
and owners of housing (M.G.L. c.111 '127A).
$ Provide technical assistance and advice upon request from boards of health. The Department
of Public Health (DPH) provides staff to assist in performing inspections, instructs BOH
members or staff in how to conduct inspections, interprets the regulations and performs lead
paint tests and other special services.
i $ Act in any way a BOH is authorized to act to effect compliance with Chapter II of the Sanitary
Code (105 CMR 400.300). The commissioner of DPH or his designee may take such action if a
local BOH has failed to enforce the provisions of the Sanitary Code after a reasonable time
(refer to Chapter I of the Sanitary Code - 105 CMR 400.000).
$ With respect to lead paint violations, under M.G.L. c. 111 ' 198, the director of the lead
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poisoning prevention program has concurrent responsibility and authority@ to enforce M.G.L.c.
111 ' ' 196, 197 and has all powers and authority available to boards of health pursuant to
M.G.L. c. 111 '127A-K.
For more information contact:
Massachusetts Department of Public Health
Bureau of Environmental Health
Community Sanitation Program
(617) —624-5757
PROCEDURAL PROTOCOL I:
INSPECTIONS
SECTION 1: PRE-INSPECTION
Receive and record in a bound book with numbered pages or on a computer-based system, any
complaint or request for inspection regarding possible violations of the housing code (Chapter H of the
State Sanitary Code 410.000;required by 410.820B). Record at least:
Name, if given,or person requesting inspection
Time and date of request
Location of dwelling
Nature of alleged violation
Date the inspection is completed
Schedule an inspection,regardless of whether or not the person requesting the inspection has notified
the owner of the dwelling of the condition causing concern (M.G.L. c. 410 '820). Prerequisites for
inspections are that:
$ The occupant, or his representatives,shall be present.
$ The inspection should be set at a time satisfactory to the occupant and the BOH.
Exterior inspections requiring access to the property must be made in the presence of the
occupant or owner. The date and time for inspection should be set within the time limits
specified in Section 410.820:
a. within 24 hours when the alleged violation constitutes a condition which may
t endanger or
materially impair the health or safety and well-being of an occupant
b. within five days for any other alleged violation
SECTION II: CONDUCTING AND REPORTING INSPECTIONS
Use a printed inspection report form that meets all the requirements stated in Section 410.821 and
M.G.L.c. 111 ' 127B. The inspection report form must be kept as a permanent record of the inspection.
MassachuseffsBOHCuidebookCode 16-6
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The form must include,but not be limited to:
Specifically labeled spaces for:
a. name of the inspector
b. date and time of the inspection or investigation
C. location of the dwelling or dwelling unit inspected
d. date and time of any scheduled follow-up inspection
e. description of the conditions constituting violations
f. listing of the specific provisions of this Article or other applicable laws,ordinances,by-
laws, rules or regulations that appear to be violated
g. a determination by the official inspecting the premises whether the violations are listed
in 105 CMR 410.750 and whether the effect of any violations(s) not listed in 105 CMR
410.750 may endanger or materially impair the health and safety,and well-being of any
person occupying the premises
$ A brief summary of the legal remedies available to the occupant(s) of the affected premises followed
by this statement: AThe information presented above is only a summary of the law. Before you
decide to withhold your rent or take any other legal action, it is advisable that you consult an
attorney. If you cannot afford to consult an attorney,you should contact the nearest Legal Services
Office which is..
Inspect at least:
$ the condition alleged to be a violation of the Sanitary Code
$ all conditions listed in the Sanitary Code, Chapter H CMR 410.750, as violations which may
Aendanger or materially impair the health or safety and well being of an occupant@ except as
otherwise provided (410.822B).
The inspector must inform the occupant of their right to a comprehensive inspection and conduct
the inspection, if requested.
If a more specialized inspection is needed, the BOH inspector should complete as much of the
inspection form as possible and promptly request the services of the specialized inspector. DPH,as well
as local building,electrical,plumbing and fire inspectors,may be contacted for advice or assistance.
Make a report to the occupant, of violations found at the conclusion of the inspection and indicate
whether there is a need for an additional inspection by an expert.
SECTION III: ADMINISTRATION AND FOLLOW-UP OF INSPECTIONS
If the inspection reveals that a dwelling is not in compliance with the provisions of Chapter II,the BOH
shall order the owner or occupant to correct any violations. The schedule in Section 410.830
' indicates how long after the inspection is made an order must be issued, and how soon the
owner/occupant must comply with the order.
$ All orders shall be in writing.
$ All orders must be served personally by a person authorized to serve civil process
by leaving a copy at the last known residence of the owner/occupant, or by
registered mail. If his/her last residence is unknown or is outside the
Massachusefts :O
Commonwealth,a copy of the order should be posted in a conspicuous place on or
about the dwelling (M.G.L. c. 111 ' 124).
$ All orders shall include (105 CMR Section 410.832):
a. a statement of the violations or defects found during inspection
b. a copy of all inspection reports
c. in the case of occupied dwelling units, a determination of whether any
violations or the
cumulative effect of more than one violation may endanger or materially
impair the health,
safety,or well-being of an occupant (M.G.L.c. 111 ' 127B)
d. notice of the right to a hearing (M.G.L.c. 111 ' 127B)
e. a time list for compliance according to Section 410.830
f. the following statement translated into any non-English language that is
spoken as a primary language by greater than one percent of the population of
the community, AThis is an important legal document. It may affect your
rights.You should have it translated.@
g. in an order to an owner,advise the owner that the conditions which exist may
permit the occupant of the dwelling to exercise one or more statutory
remedies
Orders issued under Section 410.830(in which the dwelling does not comply with the provisions of the
Sanitary Code) are to be served on the Apersons responsible for the violation @ In most situations where
a violation of the sanitary code is found,the order will be served upon the owner of the dwelling,rather
than upon the occupant. If the owner feels that it is the occupant who is responsible,they may bring a
civil action against the occupant in court. Situations in which an order is served on the occupant
usually involve either the failure to maintain the dwelling in a sanitary manner or an occupant who has
improperly installed equipment (e.g.appliances) in the dwelling.
Copies of an order issued under Section 410.830 must be sent to all affected tenants;if there are more
f than three dwelling units affected,a copy of the order may instead be posted in a conspicuous place in a
common area.
Orders issued under Section 410.831 (conditions that render the premises unfit for human habitation)
shall be served to the owner and to the affected occupants.
Copies of an order issued under Section 410.831 must be sent to every mortgagee and lien holder of
record (M.G.L. c. 111 ' 127).
} The BOH must reinspect the dwelling to determine if the order has been complied with. The
reinspection may address only those conditions found to be in violation of the Sanitary Code in the
original inspection. Reinspection must occur within 24-hours of the specified date of compliance when
the violation(s) may endanger the health or safety,and well-being of the occupants and within five days
of the date set for compliance with an order issued on any other violations.
PROCEDURAL PROTOCOL II:
REPAIR, CONDEMNATION & DEMOLITION OF DWELLINGS, AND REMOVAL OF
OCCUPANTS
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SECTION I: EXPENSES INCURRED BY THE BOH IN REPAIRING OR CLEANING A
DWELLING
(105 CMR 410.960)
If the BOH acts in an emergency situation to clean or repair a dwelling,the owner or person responsible
for the property shall be charged with repaying all expenses incurred.
If the BOH orders a dwelling to be cleaned and/or repaired and the order is not complied with,the BOH
may do the cleaning and/or repairing itself. The board may then charge the person(s)responsible for the
dwelling,with all expenses incurred.
SECTION II: CONDEMNATION PROCEDURES (105 CMR 410.831, 410.950)
A. Occupied Property
If the property is occupied,the BOH must,prior to issuing a finding of condemnation,provide awritten
notice including the following information to both the occupants and the owner: (105 CMR 410.831B)
$ identification of the dwelling including address and unit number
$ a copy of the inspection report
$ a statement that the board will consider issuing a finding that the dwelling or a
specifically identified portion thereof is unfit for human habitation
$ a statement that the finding may result in an order of condemnation requiring the
property to be vacated and secured
$ a statement of the time and place of a public hearing to be conducted bythe BOH
to determine whether the dwelling or portion thereof is unfit and whether an order
to vacate and secure shall be issued.
$ This notice must be served on both the owner and occupants as well on mortgage
and lien holders in
$ accordance with 105 CMR 833.
A hearing must be held in all cases where the building is occupied,unless the BOH determines that an
emergency exists and there can be no delay in vacating the property. When a hearing is held,it must:
$ be held at least five days after service of the notice required by 105 CMR 410.831(13)
_ $ give opportunity to the owner and any other affected parties to be heard,to present
witnesses or documentary evidence and to showcause why the property should not be
found to be unfit and an order to close-up should or should not be issued.
Following the hearing,if the board determines that the property is unfit for human habitation and must
be vacated, it shall issue a written finding that the property is unfit. The finding shall include a
statement of the material facts and conditions upon which the finding is based (105 CMR 410.831A).
The board at thesame time may issue an order condemning the property requiring the occupants to
vacate and the owner to secure it (105 CMR 410.831E).
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B. Emergency
If the BOH determines in writing that an emergency exists,that the danger to the life or health of the
occupant(s) is so immediate that no delay may be permitted,then the BOH may issue a finding that an
occupied dwelling or portion thereof is unfit for human habitation and order it vacated without a
hearing. A copy of the determination of immediate danger and a copy of the finding of unfitness shall
be sent to each affected occupant and to the owner.
C. Property is not Occupied.
If the property is not occupied,the BOH may issue an order to condemn the property before holding a
hearing. In such a case,the owner
has a right to request a hearing
SECTION III: REMOVING OCCUPANTS
The BOH or local police may forcibly remove anyone who refuses to leave a dwelling that has been
ordered condemned,vacated and has been placarded (105 CMR 410.950C). M.G.L.c.79A '13 states
that public agencies must provide relocation assistance and reasonable,documented moving expenses if
they displace a person or family by ordering that a dwelling be vacated,unless such payment is otherwise
provided. The state may reimburse the municipality 50 percent of the expenses involved if relocation
services and payments have been provided and reported.
SECTION IV: DEMOLISHING A DWELLING
The BOH may demolish any dwelling upon serving an order for demolition on the owner and all
mortgagees of record (105 CMR 410.950D).
The owner is responsible for paying the cost of the demolition (see CMR 410.950D for afull explanation
of the owner's responsibility with regard to paying the costs of demolition). It is advised that legal
counsel be retained by the BOH or the town counsel or city corporation counsel in cases of demolition.
PROCEDURAL PROTOCOL III:
HEARINGS
SECTION I: REQUEST FOR HEARING BEFORE THE BOARD OF HEALTH (105 CMR
410.850860)
The purpose of a hearing is to sustain,modify,or withdraw an order,or to determine whether further
action is necessary. It is the only legal remedy available to an alleged violator of the Sanitary Code after
they have been issued an order.
A request for a hearing must be made in the form of a written petition within seven days after the order
was served.
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Anyone who has received an order may petition for a hearing. Exception: under 105 CMR 410.831,
which concerns the condemnation,vacating,and demolition of a dwelling,opportunity for a hearing is
given before the order has been issued. After all of the requirements of 105 CMR 410.831B are met,no
further opportunity for a hearing is allowed.
Anyone aggrieved by the failure of the BOH to do any of the following,may petition for a hearing:
$ Inspect a premise upon request
$ Issue a report of an inspection
$ Find violations where they are claimed to exist or certify that a violation or combination of violations
may endanger or materially impair the health or safety, and well-being of the occupant(s) of
the premise
$ Issue an order as required by 105 CMR 410.830
$ Upon receiving a petition for a hearing,the BOH must:
$ Inform the petitioner and other affected parties (at least the owner and occupants) of the date,time
and place of the hearing
$ Inform the petitioner and other affected parties of their right to inspect and copy the boards file
concerning the matter to be heard
SECTION II: TIME LIMITS FOR HEARINGS (105 CMR 410.852)
Hearings must take place no later than 30 days after the order was served and generally within ashorter
period as specified below.
$ The hearing will take place no later than seven days after an order was served for the
correction of violations listed under 105 CMR 410.830A and B,and the petitioner refuses to
correct these conditions specified in the order pending the outcome of the hearing.
$ The hearing will take place no later than 14 days after a request for a hearing was made in
which it is alleged that BOH personnel have failed to inspect the premise upon request,failed
to issue an inspection report,failed to find violations where violations are claimed to exist,and
failed to issue an order as required by 105 CMR 410.830.
$ The hearing will take place no later than 14 days after a request for a hearing was made when
a dwelling was found to be unfit for human habitation and ordered to be condemned,vacated,
or demolished if necessary(105 CMR 480.831).
Failure to hold a hearing within the specified time period does not affect the validity of the order.
SECTION III: PROCEDURES FOR THE HEARING (105 CMR 410.853)
At the hearing, the petitioner and any other affected parties will be given a chance to be heard, to
present witnesses or evidence, and to show why an order should be changed or withdrawn; why a
dwelling should not be condemned, vacated or demolished; or why an action or failure to act by an
inspector or other personnel of the BOH should be reconsidered,rescinded,or ordered.
SECTION IV: BOH ACTION ON THE PETITION FOR A HEARING
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The BOH must inform the petitioner in writing of its decision within seven days after the conclusion of
the hearing:
$ The BOH must sustain,modify,or withdraw the order. If the order is sustained or modified,it
must be carried out within the time period allotted in the original order or in the modification.
$ Every notice,order,or other record prepared by the BOH in connection with the hearing,must
be entered as a matter of public record in the city/town clerks office,or in the BOH office.
SECTION V: LEGAL OPTIONS FOR BOH OR PERSONS AGGRIEVED
Right to appeal final decisions:Anyperson aggrieved by the final decision of the BOH with respect to
any order issued under the provisions of Chapter II, may seek relief in any court of competent
jurisdiction (105 CMR 410.860).
Penalties: The BOH may bring suit in court to seek penalties against violators or people impeding
legitimate inspections:
$ Anyone who tries to prevent or in any way interfere with an inspection after a search
warrant has been obtained and presented shall,upon conviction,be fined not less than$10
nor more than $500.
$ Anyone who fails to comply with an order shall,upon conviction,be fined not less than$10
nor more than $500. Each days failure to comply is a separate violation.
$ Anyone violating any provision of the Sanitary Code for which no penalty is specified shall
be fined,upon conviction,not less than $10 nor more than $500.
Granting variances (105 CMR 410.840): If the BOH feels that enforcement of the Code would do
manifest injustice, it may grant a variance (except in the case of violations of conditions in Section
410.750,AConditions Deemed to Endanger or Impair Health or Safety@), provided that:
$ The variance is granted after all affected occupants have been notified and given the
opportunity to request a hearing.
$ The variance is reported in writing and filed by the owner in the registry of deeds for the
county in which the dwelling is located.
$ A copy of the variance is made available to the public in the office of the city/town clerk or
the BOH.
$ Notice of the grant of variance is filed with the Commissioner of Public Health of the
Commonwealth.
Revoking, modifying or suspending a variance: This may occur only after the owners and affected
occupants have been notified in writing and given an opportunity for a hearing.
LIST OF VIOLATIONS WHICH MAY ENDANGER OR MATERIALLY IMPAIR
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THE HEALTH OR SAFETY AND WELL-BEING OF AN OCCUPANT (105 CMR 410.750)
The following violations are always considered to have the potential to endanger or materially impair the
health or safety and well-being of the dwellings occupants or the public. Any violation of 105 CMR
410.100 through 410.499 may fall into this category in some cases,but they are not listed here because
they are not always in this category. Regulation 410.750N states that if any violation other than those
listed below is not corrected within the time specified by the BOH, the violation will fall into this
category.
A. Failure to provide a supply of water sufficient in quantity,pressure,and temperature,both hot
and cold, to meet the ordinary needs of the occupant for a period of 24 hours or longer (105
CMR 410.180 and 410.190).
B. Failure to provide heat as required by 105 CMR 410.210; improper venting or use of a space
heater or water heater as prohibited by 105 CMR 410.200B and 410.202.
C. Shutoff and/or failure to restore electricity or gas.
D. Failure to supply the electrical facilities required by 105 CMR 410.250B,410.251A,410.253A,
410.253B and the lighting in common area required by 105 CMR 410.254.
E. Failure to provide a safe supply of water.
F. Failure to provide a toilet and maintain a sewage disposal system in operable condition as
required by 105 CMR 410.150A(1) and 410.300.
G. Failure to provide adequate exits; the obstruction of any exit; passageway or common area
caused by any object, including garbage or trash,which prevents egress in case of emergency
(105 CMR 410.450 and 410.451).
H. Failure to comply with the security requirements of 105 CMR 410.480D.
I. Failure to comply with any provisions of 105 CMR 410.600 through 410.602 which results in
any accumulation of garbage, rubbish,filth or other causes of sickness that may provide a food
source or harborage for rodents,insects or other pests or otherwise contribute to accidents or to
the creation or spread of disease.
J. The presence of lead-based paint violations in a dwelling or dwelling unit built before 1978,
where a child under the age of 6 years resides,in violation of the Massachusetts Department of
Public Health Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000(see
M.G.L. c. 111 - 190-199).
K. Roof, foundation, or other structural defects that may expose the occupant or anyone else to
j fire, burns,shock,accident or other dangers or impairment to health or safety.
L. Failure to install electrical, plumbing, heating and gas-burning facilities in accordance with
accepted plumbing, heating, gas-fitting and electrical wiring standards or failure to maintain
such facilities as are required by 105 CMR 410.351 and 410.352,so as to expose the occupant
or anyone else to fire,burns,shock,accident or other danger or impairment to health or safety.
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M. Any of the following conditions which remain uncorrected for a period of five or more days
following the notice to or knowledge of the owner of said condition or conditions:
1. lack of a kitchen sink of sufficient size and capacity for washing dishes and kitchen utensils
or lack of a stove and oven,or any defect that renders either inoperable
2. failure to provide a washbasin and a shower or bathtub as required in 105 CMR
410.150A(2) and 410.150A(3) and any defect which render them inoperable
3. any defect in the electrical,plumbing,or heating system which makes such system or any
part of such system in violation of generally accepted plumbing, heating, gas fitting, or
electrical wiring standards that do not create an immediate hazard
4. failure to maintain a safe handrail or protective railing for every stairway,porch balcony,
roof or similar place as required by 105 CMR 410.503A and 410.503B
5. failure to eliminate rodents,cockroaches,insect infestations and other pests as required by
105 CMR 410.550.
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