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Town of Barnstable
Regulatory Services
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1639. A Richard Scali,Director '
Public Health Division
Thomas McKean, Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
February 6, 2017
Mr. Timothy Maloney
98 High School Road
Hyannis, MA 02601
NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY
CODE II —MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION,
CHAPTERS 54 and 170 OF THE TOWN OF BARNSTABLE CODE.
The property owned by you located at 98 High School Road Hyannis, MA, was inspected
on February 2, 2017 by Timothy B. O'Connell, R.S., Health Inspector, Thomas McKean,
C.H.O., Director of Public Health,Jeffrey Lauzon, Chief Building Inspector, Paul Roma,
Building Commissioner, Therese Gallant, Police Officer, Captain William Rex of the
Hyannis Fire Department, Robin Anderson, Chief Zoning Enforcement Officer, and Sally
Shea, Assistant to the Zoning Enforcement Officer.
The following violations of the State Sanitary Code, Chapter 54 and Chapter 170 of the
Town of Barnstable Code were observed:
105 CMR 410.500—Owner's Responsibility to Maintain Structural Elements:
The second floor wooden deck appeared to be structurally unsafe according to Mr. Jeffrey
Lauzon, Chief Building Inspector and Captain William Rex of the Hyannis Fire
Department.
105 CMR 410.351 —Owner's Installation and Maintenance Responsibilities:
Open electrical ground at outlet in bathroom located within bedroom on first floor.
105 CMR 410.280—Natural and Mechanical Ventilation:
No ventilation fan provided within bathroom located off of bedroom on first floor.
105 CMR 410.280—Natural and Mechanical Ventilation:
Inoperable fan observed within common bathroom located off of the kitchen area.
04-5 Storage and Removal of Rubbish, Garbage and Refuse:
Pile of debris, multiple bicycles in disrepair, old lumber and other assorted debris
observed on the ground.
Page 2 of 3
Chapter 170-3 of the Town of Barnstable Code:
Two apartments were being rented or were offered for rent without a certificate of
registration from the Board of Health.
You are ordered to repair the second floor wooden deck within seven (7) days of.
your receipt of this notice. A building permit shall be obtained for the needed repairs.
[In the alternative,you may choose to hire a structural engineer to make a determination
in regards to the structural integrity of the second floor wooden deck. .You shall ensure
the structural engineer submits a written report detailing his/her findings and
recommendations for any necessary repairs to the Public Health Division within seven (7)
days. After the structural engineer's report is received and reviewed, the Division will
make a determination in regards to a timeline for you to make any necessary repairs.]
You are ordered to correct all of the remaining violations listed above, of the State
Sanitary Code, Chapter 54 and Chapter 170,within thirty (30) days of your receipt
of this notice.
It was also noted that the health inspectors observed too many beds within some of the
units as follows:
Unit#1 contained 132 square feet of floor space which is large enough for no
more than two (2) occupants maximum. However,there were three beds provided
within this unit. The bunkbed had a double-wide bottom bunk and a separate twin
bed was provided, providing sleeping accommodation for four persons. This
unit shall be limited to two (2) persons maximum.
Unit#4 contained 134 square feet of floor space which is large enough for no
more than two (2) occupants maximum. However, there were three beds provided
within this unit. The bunk bed had a double-wide bottom bunk and a separate
twin bed provided, providing enough sleeping accommodations for four persons.
This unit shall be limited to two (2) persons maximum.
The first floor"kid's room"only contained 92 square feet; only one occupant is
allowed with this bedroom. However, a bunk bed was observed within this
bedroom. This bedroom shall be limited to one (1) person maximum.
The first floor double unit contained a room comprising of 100 square feet of floor
space and a second room comprising of 154 square feet of floor space, enough
floor space for three (3) occupants maximum. There were three beds observed
within this double unit. However the bunkbed was comprised of a double-wide
bottom bunk and a double bed was provided within the smaller room, thus
providing enough sleeping accommodations for four persons. This double unit
shall be limited to three (3) persons maximum.
Page 3 of 3
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 ORDER OF THE BOARD OF HEALTH
Thomas A. McKean, R.S., CHO
Director of Public Health
Town of Barnstable
Cc: Attorney Brian Hopkins
Officer Therese Gallant
Elizabeth Hartsgrove
Robin Anderson
Commissioner Paul Roma
Jeffrey Lauzon
Captain William Rex
Director Richard Scali
TOWN OF BARNSTABLE
BOARD OF HEALTH
ARTICLE II: MINIMUM STANDARDS FOR HUMAN HABITATION
Date — _ Time: In Out
Owner Tenant
Q
Address ( � Address
� � 1
Compliance Remarks or
Regulation# Yes NO Recommendations
2. Kitchen Facilities ,
1n.
3. Bathroom Facilities
4. Water Supply I
5. Hot Water Facilities
6. Heating Facilities
7. Lighting and Electrical Facilities
8. Ventilation
9. Installation and Maintenance of Facilities ?)CA �6� tv
10. Curtailment of Service A-
11. Space and Use
12. Exits
13. Installation and Maintenance of Structural
Elements Pam'
14. Insects and Rodents
15. Garbage and Rubbish Storage and Disposal
16. Sewage Disposal 1
17.Temporary Housing VIN
...
18. Driveway Width
19. Number of Tenants Observed
PART II
37. Placarding of Condemned Dwelling;
Removal of Occupants; Demolition
Number of Bedrooms Number of Vehicles Allowed (max)
Number of Persons Allowed (max) >Xl C vu
Person(s) Interviewed ..-- Inspector
If Public Building such as Store or Hotel/Motel specify here
TOWN. OF BARNSTABLE
r BOARD OF HEALTH
ARTICLE II: MINIMUM STANDARDS FOR HUMAN HABITATION
Date - _ ( Time: In Out
Owner r � ��'�' ,� Tenant
Address l b ! Address 1 I
Compliance Remarks or
Regulation# Yes,j NO Recommendations
2. Kitchen Facilities ((n/
wf 1!^f
3. Bathroom Facilities
4. Water Supply
5. Hot Water Facilities
6. Heating Facilities
7. Lighting and Electrical Facilities
8.Ventilation `� �� �" •�
9. Installation and Maintenance of Facilities
10. Curtailment of Service Mo4-- ��
11. Space and Use �1A-
12. Exits
13. Installation and Maintenance of Structural f p/ xm
Elements
14. Insects and Rodents
15. Garbage and Rubbish Storage and Disposal. V
16. Sewage Disposal v n ► � �
17. Temporary
18. Driveway Width
19. Number of Tenants Observed
PART II
37. Placarding of Condemned Dwelling;
Removal of Occupants; Demolition P r
Number of Bedrooms Number of Vehicles Allowed (max) /V
(max)
Number of Persons Allowed (
Person(s) Interviewed 'r�...- � f Inspector
If Public Building-such as Store or Hotel/Motel specify here