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Home My WebLink About0025 LINCOLN ROAD - Health 25-Lincoln Street Hyannis 1 i o i �I Nrr 191)Nllf,rP 175�S—t"Z �nPp -t, 1 - M Received by Date: 2Zc9 2Z ,,ofTMEti Town of Barnstable Barnstable Regulatory Services MAM" BAFN13['ABLE, 9� Thomas F. Geiler, Director 'QED Public Health Division AS-Amedca C ft Thomas McKean, Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 2007 July 29, 2011 Pastor Bruce Smith 25 Lincoln Road Hyannis, MA 02601 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000 STATE SANITARY CODE II—MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION The property at 25 Lincoln Street, Hyannis, MA, the Calvary Baptist Church, was inspected on July 29, 2011 by Thomas McKean, Health Agent, Robin Anderson of the Building Department, Deputy Chief Dean Melanson, and Fire Inspector Don Chase of the Hyannis Fire Department. The inspection was also conducted in view of the notification from the MA Department of Public Health relative to Temporary Housing: Mobile Entertainment/Carnivals/Fairs dated May 30, 2008 (copy attached). The following violations of the State Sanitary Code were observed: 105 CMR 410.430—Temporary Housing: Persons using two tents, a"bunk-house" type trailer, and several other camping trailers for sleeping purposes at this property without the applicant first obtaining written PP g wr n permission from the Board of Health to provide temporary housing onsite. No temporary housing may be used within a municipality except with the written permission of the board of health. 105_CMR 410.190, Hot Water: No hot water provided within the "bunk-house' trailer. The owner admitted to the inspectors that the restroom shower is not used because there is no hot water available in the bunkhouse trailer. 105 CMR 410.400: Minimum Square Footage: The "bunkhouse" trailer contained four separate sleeping rooms, separately walled-off from each other, with two beds (bunk-beds) within each room. Each sleeping room contained less than approximately 30 to 40 square feet floor space for two occupants. 105 CMR 410.500: Missing or detached stairs at one of the doorways to a sleeping area at the bunk-house trailer. 105 CMR 410.500: Partially detached door to one of the sleeping areas of the bunk-house trailer. The door is being held to the frame by a bungee cord. 105 CMR 410.450: Means of egress: No second-means of egress provided within the two tents, "bunk-house" trailer and within other trailers You are directed to correct the violations listed above within twelve (12) hours by removing the two tents from the property and by removing the"bunk-house" trailer from the property. However, the remaining travel trailers and fifth wheel trailers may remain onsite temporarily, only until Sunday July 31, 2011. 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. However, these violations must be corrected within twenty-four hours regardless of any request for a hearing. 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 TH BOARD OF HEALTH as A. McKean, R.S., CHO Director of Public Health Town of Barnstable cc: Robin Anderson, Building Division Don Chase, Hyannis fire Dean Melanson, Hyannis Fire David Stanton, R.S. Timothy O'Connell, R.S. The Commonwealth of Massachusetts Executive Office of Health and Human Services M ' d Department of Public Health Bureau of Environmental Health 250 Washington Street, Boston, MA 02108-4619 Phone: 617-624-5757 Fax: 617-624-5777 DEVAL L.PATRICK TTY: 617-624-5286 GOVERNOR TIMOTHY P.MURRAY LIEUTENANT GOVERNOR JUDYANN BIGBY,M.D. SECRETARY JOHN AUERBACH COMMISSIONER To: Massachusetts Boards of Health From: Suzanne K. Condon, Associate Commissioner Director, Bureau of Environmental Health Steven Hughes, Director Community Sanitation Program, Bureau of Environmental Health Date: May 30, 2008 Subject: Temporary Housing:Mobile Entertainment/Carnivals/Fairs Recent inspections and reports from local health departments have brought to our attention serious problems with regard to housing provided to workers in carnivals, fairs and similar mobile entertainment organizations. Specifically, housing for staff has included tents and freight trailers, which do not meet regulatory standards under 105 CMR 410.000, but are used for sleeping, storage and food preparation, without sanitary facilities. This notification is to inform. you of the general health and legal issues pertaining to such temporary housing, and appropriate actions municipalities and boards of health may take to ensure safe temporary housing at these sites. It is required that all trailers or temporary housing associated with the organization operating a mobile entertainment unit to be inspected and meet the minimum standards of 105 CMR 410.000. In addition,municipal agents including the Building and Fire Inspectors, and other public officials, should be apprised of the public health inspection and regulatory compliance of temporary housing facilities associated with these organizations. The following sections of the Massachusetts Sanitary Code, Chapter II, and Massachusetts j General Laws may.apply to mobile entertainment.facilities, such as carnivals and fairs, within your jurisdiction: ,I Permits: A Mayor or Selectman may issue a permit to a carnival/fair underM.G.L. Chapter 140 S. 181. However, the board of health must also issue a permit under 105 CMR 410.000 for - Temporary Housing and bathroom facilities. f I 1 �tY Compliance with regulations (Scope: 105 CMR 410.010): This section specifically requires that all temporary dwelling units must comply with the State Sanitary Code, Chapter II: Minimum Standards of Fitness for Human Habitation. Temporary housing(105 CMR 410.430): No temporary housing may be used within a municipality except with the written permission of the board of health:. Means of Egress (105 CMR 410.450): All dwelling units should have as many means of exit to allow for the safe-passage of all people in accordance with 780 CMR 104.0, 105.1 and 805.0 of the Massachusetts State Building Code. - Exceptions to minimum standards (105 CMR 410.431): All exceptions to minimum standards for housing must be approved in writing by the board of health (See also 105 CMR 410.840). Privies and Chemical Toilets (105 CMR 410.152): No privy or chemical toilet shall be constructed or continued in use without the approval of the board of health in writing. No chemical toilet or privy may a) endanger the health of any person, or b) cause objectionable odors or other undue annoyance. Based on the written authorization of the board of health in accordance with 310 CMR 15.000, a privy or chemical toilet may qualify as a toilet within the requirements of 105 CMR 410.150(A) (See 105 CMR 410:840). Nuisance (M.G.L., C. 111, § 122): The board of health shall examine into all nuisances, sources of filth and causes of sickness within its town, or on board of vessels within the harbor of such town, which may, in its opinion, be injurious to the public health, shall destroy, remove or prevent the same as the case may require, and shall.make regulations for the public health and safety relative thereto and to articles capable of containing or conveying.infection or contagion or of creating sickness brought into or conveyed from the town or into or from any vessel. Whoever violates any such regulation shall forfeit not more than one thousand dollars. Cities and towns that allow carnivals and fairs to operate must carry out an inspection of the housing facilities involved to determine if they meet minimum standards, and should take immediate action with the owners of such facilities to correct housing issues before the operations commence. Facilities that cannot meet the requirements for housing required in the regulation and by the board of health should cease operations, or find alternative housing for staff, until all violations are corrected. For further information, contact the Community Sanitation Program, Bureau of Environmental Health, at(617) 624-5757. Thank you. Cc: Charlie Kaniecki, Community Sanitation Program, Bureau of Environmental Health Western Regional Health Office Jana Ferguson, Chief Regional Operations, Bureau of Environmental Health Regions I, II and IV Paul Halfinann, Assistant Director, Community Sanitation Program James Ballin, Esq., Deputy General Counsel i I f. L� - ,,�TME ratio Town of Barnstable Barnstable , Regulatory Services BAMS ABM 9 Mnsa g Thomas F. Geiler,Director fD►9. '' A�Amenea City ' Public Health Division Thomas McKean, Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 2007 July 29, 2011 Pastor Bruce Smith 25 Lincoln Road Hyannis, MA 02601 _NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY CODE II—MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION The property at 25 Lincoln Street, Hyannis, MA, the Calvary Baptist Church, was inspected on July 29, 2011 by Thomas McKean, Health Agent, Robin Anderson of the Building Department, Deputy Chief Dean Melanson, and Fire Inspector Don Chase of the Hyannis Fire Department. The inspection was also conducted in view of the notification from the MA Department of Public Health relative to Temporary Housing: Mobile Entertainment/Carnivals/Fairs dated May 30, 2008 (copy attached). The following violations of the State Sanitary Code were observed: 105 CMR 410.430—Temporary Housing: Persons using two tents, a"bunk-house" type trailer, and several other camping trailers for sleeping purposes at this property without the applicant first obtaining written permission from the Board of Health to provide temporary housing onsite. No temporary housing may be used within a municipality except with the written permission of the board of health. 105 CMR 410.190, Hot Water: No hot water provided within the "bunk-house' trailer. The owner admitted to the inspectors that the restroom shower is not used because there is no hot water available in the bunkhouse trailer. 105 CMR 410.400: Minimum Square Footage: The "bunkhouse" trailer contained four separate sleeping rooms, separately walled-off from each other, with two beds (bunk-beds) within each room. Each sleeping room contained less than approximately 30 to 40 square feet floor space for two occupants. N f 105 CMR 410.500: Missing or detached stairs at one of the doorways to a sleeping area at the bunk-house trailer. 105 CMR 410.500: Partially detached door to one of the sleeping areas of the bunk-house trailer. The door is being held to the frame by a bungee cord. ` 105 CMR 410.450: Means of egress: No second means of egress provided within the two tents, "bunk-house" trailer and within other trailers You are directed to correct the violations listed above within twelve (12) hours by removing the two tents from the property and by removing the "bunk-house" trailer from the property. However, the remaining travel trailers and fifth wheel trailers may remain onsite temporarily, only until Sunday July 31, 2011. 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. However, these violations must be corrected within twenty-four hours regardless of any request for a hearing. 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. =McKean, RD OF HEALTH O Director of Public Health Town of Barnstable cc: Robin Anderson, Building Division Don Chase, Hyannis fire Dean Melanson, Hyannis Fire David Stanton, R.S. Timothy O'Connell, R.S. The Commonwealth of Massachusetts Executive Office of Health and. Human Services ' d Department of Public Health Bureau of Environmental Health gtiv svevy 250 Washington Street, Boston, MA 02108-4619 Phone: 617-624-5757 Fax: 617-624-5777 DEVAL L PATRICK TTY: 617-624-5286 GOVERNOR TIMOTHY P.MURRAY LIEUTENANT GOVERNOR JUDYANN BIGBY,M.D. SECRETARY JOHN AUERBACH COMMISSIONER To: Massachusetts Boards of Health From: Suzanne K. Condon, Associate Commissioner Director, Bureau of Environmental Health Steven Hughes, Director Community Sanitation Program, Bureau of Environmental Health Date: May 30, 2008 Subject: Temporary Housing:Mobile Entertainment/Carnivals/Fairs Recent inspections and reports from local health departments have brought to our attention serious problems with regard to housing provided to workers in carnivals, fairs and similar mobile entertainment organizations. Specifically, housing for staff has included tents and freight trailers, which do not meet regulatory standards under 105 CMR 410.000; but are used for sleeping, storage and food preparation, without sanitary facilities. This notification is to inform. you of the general health and legal issues pertaining to such temporary housing, and appropriate actions municipalities and boards of health may take to ensure safe temporary housing at these sites. It is required that all trailers or temporary housing associated with the organization operating a mobile entertainment unit to be inspected and meet the minimum standards of 105 CMR 410.000. In addition, municipal agents including the Building and Fire Inspectors, and other public officials, should be apprised of the public health inspection and regulatory compliance of temporary housing facilities associated with these organizations. The following sections of the Massachusetts Sanitary Code, Chapter II, and Massachusetts I General Laws may apply to mobile entertainment.facilities, such as carnivals and fairs, within your jurisdiction: I Permits: A Mayor or Selectman may issue a permit to a carnival/fair under-M.G.L. Chapter 140 S. 181. However,the board of health must also issue a permit under 105 CMR 410.000 for Temporary Housing and bathroom facilities. I i i Compliance with regulations (Scope: 105 CMR 410.010): This section specifically requires that all temporary dwelling units must comply with the State Sanitary Code, Chapter II: Minimum Standards of Fitness for Human Habitation. Temporary housing(105 CMR 410.430): No temporary housing may be used within a municipality except with the written permission of the board of health. Means of Egress (105 CMR 410.450): All dwelling units should have as many means of exit to allow for the safe passage of all people in accordance with 780 CMR 104.0, 105.1 and 805.0 of the Massachusetts State Building Code. Exceptions to minimum standards (105 CMR 410.431): All exceptions to minimum standards for housing must be approved in writing by the board of health (See also 105 CMR 410.840). Privies and Chemical Toilets (105 CMR 410.152): No privy or chemical toilet shall be constructed or continued in use without the approval of the board of health in writing. No chemical toilet or privy may a) endanger the health of any person, or b) cause objectionable odors or other undue annoyance. Based on the written authorization of the board of health in accordance with 310 CMR 15.000, a privy or chemical toilet may qualify as a toilet within the requirements of 105 CMR 410.150(A) (See 105 CMR 410.840). Nuisance (M.G.L., C. 111, § 122): The board of health shall examine into all nuisances, sources of filth and causes of sickness within its town, or on board of vessels within the harbor of such town, which may, in its opinion, be injurious to the public health, shall destroy, remove or prevent the same as the case may require, and shall.make regulations for the public health and safety relative thereto and to articles capable of containing or conveying infection or contagion or of creating sickness brought into or conveyed from the town or into or from any vessel. Whoever violates any such regulation shall forfeit not more than one thousand dollars. Cities and towns that allow carnivals and fairs to operate must carry out an inspection of the housing facilities involved to determine if they meet minimum standards, and should take immediate action with the owners of such facilities to correct housing issues before the operations commence. Facilities that cannot meet the requirements for housing required in the regulation and by the board of health should cease operations, or find alternative housing for staff, until all violations are corrected. For further information, contact the Community Sanitation Program, Bureau of Environmental Health, at(617) 624-5757. Thank you. Cc: Charlie Kaniecki, Community Sanitation Program, Bureau of Environmental Health Western Regional Health Office Jana Ferguson, Chief Regional Operations, Bureau of Environmental Health Regions I, H and IV Paul Halfmann, Assistant Director, Community Sanitation Program James Ballin, Esq., Deputy General Counsel