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HomeMy WebLinkAbout0042 SOUTH STREET - Health 42 SOUTH STREET, c � BA�MJ, BARNSTABLE COUNTY a y DEPARTMENT 01= HEALTH AND THE ENVIRONMENT CJ SUPERIOR COURT HOUSE 44 V POST OFFICE BOX 427 • r BARNSTABLE, MASSACHUSETTS 02630 Phone: (508)362-2511 Ext. 330 �lA 5 S Public Health Administration 333 Environmental Health 383 Water Quality Analysis 337 CERTIFICATION OF RESTORED COMPLIANCE TDD 362-5885 Addendum to Letter of Compliance HAROLD NATHANSON P.O. Box 3002 Plymouth, MA 02361 Dear Mr. Nathanson, This letter is to-_ce-rti-f-y that I visually reinspected your w property located at 42 South St . A , apartment left side , and relevant interior and exterior common areas, in the city/town of Hyannis for lead abatement compliance L-on 9/20/96 All surfaces documented as being in violation ' of the Lead Law per the determination report dated 7/29/96 were found to be in . compliance with applicable Massachusetts General Laws and regulations. Massachusetts ' law does not require the abatement . of all residential lead paint. The residential premises or dwelling unit and relevant common areas shall remain in compliance only as long as there continues to be no peeling, chipping, or flaking lead paint, all reversed woodwork remains reversed, and all coverings forming an effective barrier over lead paint or other leaded materials remain in place. See the reverse side of this letter for the location(s) of surfaces which were covered or reversed as an abatement method to achieve compliance. This Letter shall serve as an attachment to the Letter of Compliance. Sincerely, Jane Cr Inspector _#C2829/02829 License cc: CLPPP INSPECTION AND ABATEMENT HISTORY #I1174 ame & icense Number of Inspector Who Issued Letter of Compliance Jane C'rnwley 4C2829 Name & Lic. No. of Inspector Who Documented Non-compliance Status John Kovach DC 000561 Name & Lic. No. of Deleading Contractor Who Performed Abatement to Restore Compliance AREAS WHERE LEAD HAZARDS HAVE BEEN RE-ABATED USING A DIFFERENT METHOD F'RO�'!S- THE OR.T_GINAL. C-'N'D%OR (RE) ABATED TO CUk:�ENT STANDARDS . INTERIOR Room No. Side Surface/Fixture Description of Abatement EXTERIOR Side Surface/Fixture Description of Abatement n n^nr raSi r.rr -- - --- .n -L B,j s, BARNSTABLE COUNTY ��. EPARTMENT OF HEALTH AND THE ENVIRONMENT �-. SUPERIOR COURT HOUSE POST OFFICE BOX 427 • • BARNSTABLE, MASSACHUSETTS 02630 Phone:(508)362-2511 Ext. 330 q 5 rJ Public Health Administration 333 Environmental Health 383 Water Quality Analysis 337 Fax(508)362-4136 TDD(508)362.5885 8/12/96 Mr. Harold Nathdnson Pilgrim Trust of Cape Cod Box 3002 Plymouth, MA 02361 Dear Mr. Nathannsnn; I have irspeczed the propertty at 42 South Street in Hyannis ( 1 eft- side apt. ) owned by vcu, and I have found lead paint in violation of the Lead Law, Massachusetts General Laws, Chapter 111, se=on 197, and the Department of Public Healt1h's (DPH's) Lead Poisenuins P*eve:aicn 1—nd Corar cl R: -ulations, 105, Cede of Nfassac:,use= Rez lations 460.000. The Lead Lax and DPP+ Revuiatiors require that residential premises cr dweding units buidt before 1973 I lead taint violations either abated and contained for foil compliance or brought under irate^r,: control wizen a child under the age of six lives in the residential premises or dwe1;1-12 unit. I nave detailed the specific areas or violations in my "Lead Inspectior Surface Assess—meat Repo:," with which vcu may proceed to deieading for f-lil compliance. A licensed private risk assessor must perfer-n a risk assessment and issue a "Lead L.scection/Risk Assessment Report" before you can proceed with interim coat:oi. The lfassac users De-artment of Pubiic Health (DPH's) Lead Pcisoring Prevention and Cont:oi Re<ulatiens require that you provide to me, within sixty (60) days of your receipt of this letter, a cernlal` with a licer.;ed deleader, signer by both you'and the de?eader, if any high-risk abatement and containment work, including making leaded paint, putty or plaster intact, is required. Also, Yyou cr your agent is planning to do any low-risk abatement and containment work or other work such as structural repairs cr cleaning of lead dust that may be necessary for interim control, within. sixty (60) days of your receipt of this letter you must provide this office with a signed and completed Childhood Lead Pcisonirg Prevention Program(CLPPP) form entitled, "Documentation of Training to Perform. 0wrer/A2ent Low-Risk Abatement and Containment and Deadlines by Which Owner/Agent Low- Risk Work and /or Interim Control Wort WHI be Completed." The contract with the licensed deleader must specify, and if you or your agent will be performing low- risk abatement and containment work or other work necessary for interim control, then you or your agent will attest in the CLPPP owner/agent form described above, that the work will be completed by the deadlines described in this paragraph. All violations on the interior and interior common areas must be deleaded, or the identified urgent lead hazards brought under interim control, within ninety (90) days from your receipt of this letter. However, you have one-hundred and twenty (120) days to complete the foMwing; any low-risk deleading work you or your agent perform, as long as all dust-generating abatement and containment work, including surface preparation, required to be done by a licensed deleader has been completed, and any doors that were removed have been replaced, within ninety (90) days; application of encapsulants by Level II deleaders, as long as all dust- generating abatement or containment work, including surface preparation, has been completed within ninety (90) days; and installation of replacement windows, as long as you can document that new windows have been ordered within ninety (90) days. All exterior violations must be deleaded or brought under interim control within one hundred and twenty (120) days. The contract must also specify that the unit will meet acceptable lead dust levels, determined by the sampling which I. in the case of full compliance, or a licensed private risk assessor, in the case of interim control, will conduct at the time of the reoccupancy reinspection, if one is necessary, and that the deleader will be required to reclean the unit if necessary until it meets acceptable standards for dust. In interim control cases in which no reoccupancy reinspection is necessary and no deleading contractor involved because no high-risk abatement and containment activities, including making leaded paint, plaster or putty intact, were necessary, then you or your agent who performed required work will be responsible for cleaning the unit to meet acceptable dust levels. In these interim control cases, dust levels will be determined by the results of sampling done by the licensed private risk assessor at the time of the risk assessment reinspection. Any room or interior area in which one or dace des not meet acceptable dust levels must be recleaned b you or our agent in its more surfaces o p Y Y Y g entirety. If I do not receive the required documents by the 61 st day, I must by law file a criminal complaint against you in court. You may be fined by the court up to $500 for each day of non-compliance. Under the law, only deleading contractors licensed by the Department of Labor'and Industries (DLI) may engage in any high-risk residential lead abatement and containment activities, including making loose paint, plaster or putty intact---whether in the context of achieving interim control or full compliance.. After completing the required training, you or your agent may perform certain low-risk abatement and containment activities in accordance with 105 CMR 460.175 without a deleader's license—again, whether in the context of achieving interim control or full compliance. These specific low-risk abatement and containment activities are the following: applying encapsulants; applying such coverings as carpet, vinyl, m aluminu , plywood, plexiglass, and acrylic, to surfaces, including siding of exterior surfaces; removing doors,- cabinet doors and shutters; and capping baseboards. In addition, you or your agent may perform any other work that may be necessary for interim control, such as structural repairs, as defined in 105 CNIM 460.020, and cleaning of leaded dust, except that the final clean-up required after the completion of high-risk abatement and containment work by a licensed deleader must be performed by a licensed deleader. I - Before you or your agent may perform low-risk abatement and containment work, whether for full compliance or interim control, you or your agent must read the Childhood Lead Poisoning Prevention Program(CLPPP)'s educational booklet, view the CLPPP encapsulation video, if encapsulation will be performed, and take a self-corrected exam that must be submitted to CLPPP. I have enclosed a copy of the booklet, "Low-Risk Deleading Work by Homeowners and Their Agents." To receive a free copy of the complete owner/agent abatement and containment package, including the encapsulation video,--eall the CLPPP Central Office at 1-800-532-9571. If you or your agent will be performing other work for interim control, such as structural repairs and cleaning of leaded dust, you or your agent must take safety precautions and perform cleanup in accordance with procedures described in the CLPPP educational booklet"Interim Control of Lead Paint Hazards: a Step-by-Step Guide." I have also enclosed a copy of this booklet. I have also enclosed two brochures explaining the options of encapsulation and interim control. If after reading"Deciding Whether to Encapsulate" you decide you would like to have an assessment for encapsulation performed, you must hire a licensed private lead inspector to perform this assessment. Results of the assessment shall be recorded.on the initial "Lead Inspection/Surface Assessment Report Form" and a copy should be sent to me. I have enclosed a copy of a list of licensed private lead inspectors. Only those surfaces approved by the licensed inspector will be eligible for encapsulation, no matter who actually applies the encapsulant----a licensed Level U f Lead Paint r r u or our agent. As noted above if after reading Interim Control0 deleader o you y g g Hazards: A New Option for Property Owners," you decide you would like to have a risk assessment performed, you must hire a licensed private risk assessor to perform this assessment. Results of the assessment will be recorded on a"Lead Inspection/Risk Assessment Report Form" and a copy should be sent to me. I have enclosed a copy of a list of licensed private risk assessors. At least 10 business days before any necessary deleading work begins, whether in the context of full compliance or interim control, the deleader must provide written notification to DLI, all residential occupants, the local board of health, and CLPPP. It is your responsibility, as the owner of the premises, to make sure the contractor sends the completed forms to all parties. If you or your agent will be performing low-risk abatement and containment work, you are responsible for providing the written notice of deleading to DLI, the residential occupants, the local board of health, and CLPPP, and for also writing on the form which low-risk abatement and containment activities you or your agent will be performing. All occupants and pets must be relocated from the dwelling unit for the entire time that interior deleading work performed by the licensed deleader is in progress. Occupants and pets must stay out of the work area while you or your agent perform low-risk abatement and containment work, structural repairs, or clearing of lead dust, but may return after you or your agent has cleaned up following completion of the work. However, occupants and pets must be out of the dwelling unit for the day while you or your agent apply coverings to a surface with peeling, chipping or cracking lead paint or plaster, or during spray application of encapsulants, but may return upon completion of the owner's or owner's agent's cleanup and need not be out of the unit overnight. Occupants and pets who have been relocated from the unit may not return until L in full compliance cases, or a licensed private risk assessor, in interim control cases, approve reoccupancy by conducting an on-site reinspection of the unit, including taking dust samples to assure that lead dust levels meet approved standards. This reinspection will be done at least 25 hours after deleading work is done: the inspector or risk assessor must wait at least one hour after the deleader performs a final clean-up, and the deleader must wait at least 24 hours after the completion of deleading work to perform that final clean-up. Deleaded surfaces are not to be repainted until after remspection. All work is to be done in a workmanlike manner, and the property must be returned to a condition that meets the requirements of Chapter H of the State Sanitary Code. If any surfaces were scraped, they must be feathered, made smooth and repainted. (Repaint only after reinspection.) If any windows and doors-were deleaded or replaced, they must have all panes of glass intact and must be weathertight. You are required to send a copy of my "Lead Inspection/Surface Assessment Report," or any"Lead Inspection/Risk Assessment Report," and any risk assessment reinspection report to all mortgagees and lienholders of record. Questions regarding the Department of Public Health's Lead Poisoning Prevention and Control Regulations should be addressed to the CLPPP central office (1-800-532-9571 or 617-983-6900) or to me. Questions regarding Department of Labor and Industries Regulations should be addressed to the DLI central office (617-727-1933) or regional offices. I urge you to contact me as soon as possible to discuss your responsibilities in this case, the violations included in this inspection report and the other material enclosed. You may reach me by calling (50A 362-2511 ext. 371 Sincerely, Jane Crowley Inspector #C2 8 2 9 Massachusetts Department of Public Health Childhood Lead Poisoning Prevention Program (DPFi/CLPPP) C:\WPSO\LEAD19951GE,NER AL\COVP2L1.WP6 M r BARNSTABLE COUNTY DEPARTMENT OF HEALTH AND THE ENVIRONMENT SUPERIOR COURT HOUSE o r V 's. � POST OFFICE BOX 427 r BARNSTABLE, MASSACHUSETTS 02630 Phone:(508)362-2511 Ext. 330 Public Health Administration 333 Environmental Health 383 Water Quality Analysis 337 Fax(508)362-4136 TDD(508)362-5885 DATE: 8/12/96 ORDER TO CORRECT VIOLATION(S) Mr. Harold Nathanson Pilgrim Trust of Cape Cod Box 3002 Plymouth, MA 02361 Owner or agent of the property located at 42 South Street, Hyannis MA Be e advised that an agent of Director of the Childhood Lead Poisoning Prevention Program(CLPPP) has determined certain portions of the aforementioned residential roe to P be in violation of the . property rty � following. Massachusetts General Laws(MGL), Chapter 111, Section 197; the Regulations gulations for Lead Poisoning and Cont rol, 105 Code of Massachusetts Regulations (CMR) 460.000; and the - State Sanitary Code. The specific areas of violation are detailed in the accompanying "Lead Inspection/Risk Assessment Report" and/or"Post-Compliance fiance Assessment Determination " P pReport. Conditions exist in this residence which may endanger and/or materially impair the health of the occupants of these premises. DECLARATION OF EMERGENCY The Director of the Childhood Lead Poisoning Prevention Program declares that the presence of the aforementioned violation of the Lead Law and the Regulations for Lead Poisoning Prevention and Control constitutes an emergency pursuant to the Lead Law, MGL Chapter 111, Section 198 and within the meaning of the Sanitary Code, Chapter I, 105 CMR 400.200 (B). CORRECTION OF LEAD VIOLATION(S) The Department of Public Health's Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000, require that due to your failure to complete the repairs or restoration required by the Order to r Restore Interim Control Measures issued to you within the time period required by said Order,this agency now revoke the Letter of Interim Control for the aforementioned residential property. Furthermore, the regulations require this agency to issue you this Order to Correct Violation(s) requiring you to fully abate and contain the aforementioned residential property, and obtain a Letter of Full Deleading Compliance. The Lead Law,the Department of Labor and Industries'Deleading Regulatio M ns, 454 CR 22.00, as well as the Regulations for Lead Poisoning Prevention and Control require that any high-risk residential lead abatement and containment activities, including making loose lead paint, plaster or putty intact, be performed by licensed deleading contractors. An owner or owner's agent, after meeting the training requirements of 105 CMR 460.175, may perform certain low-risk abatement and containment activities in accordance with these regulations without a deleader's license. These specific low-risk abatement and containment activities are the following: applying encapsulants; applying such coverings as carpet, vinyl, aluminum, plywood, plexiglass and acrylic to surfaces, including siding of exterior surfaces; removing doors, cabinet doors and shutters; and capping baseboards. ORDER You are hereby ordered to remedy all violations of MGL chapter 111, section 197 and 105 CMR 460.000 as identified in the enclosed inspection report, according to the following schedule: Within sixty(60) days of your receipt of this Order,you must provide to this agency a copy of a signed contract with a licensed deleader. If you or your agent is doing owner/agent low-risk deleading abatement and containment,you must also provide within sixty(60) days a signed and completed CLPPP form entitled, "Documentation of Training to Perform Owner/Agent Low-Risk Abatement and Containment and Deadlines by Which Owner/Agent Low-Risk Work Will Be Completed." The contract must specify, and if you or your agent will be performing low-risk work, then you or your agent will attest in the CLPPP form described above,that the deleading will be completed according to the following schedule: (a) Violations of the interior of the dwelling unit and interior common areas must be abated or contained within ninety(90) days of your receipt of this Order. However,you have a total of one hundred and twenty(120) days from receiving this Order to complete the following activities: (i) any low-risk abatement and containment work that you or your agent perform, as long as all dust-generating abatement or containment work, including surface preparation, required to be done by a licensed deleader has been completed, and any doors removed have been replaced within ninety(90) days of your receipt of this Order; (ii) application of encapsulants by licensed Level II deleaders, as long as all dust-generating abatement or containment work, including surface preparation, required to be done by a licensed deleader has been completed within ninety(90) days of your receipt of this Order; (iii) installation of replacement windows, as long as you can demonstrate that new windows have been ordered within ninety(90) days of your receipt of this Order. (b) Violations on the exterior of the residential premises and exterior common areas must be abated within one hundred and twenty (120) days of your receipt of this Order. a The contract with the deleader must also specify that the unit will meet acceptable lead dust P �' P levels, as determined by the results of sampling done by the licensed private lead inspector at the time of the reoccupancy reinspection. Should any of the dust samples fail to meet acceptable standards, the deleader will be required to reclean the entire unit until all dust samples meet acceptable levels. PROSECUTION AND CIVIL PUNITIVE DAMAGES Failure to comply with any of the deadlines stipulated above will require this agency to initiate criminal or civil proceedings against you within seven(7) working days. Compliance with this Order will be determined by this agency's receipt of the appropriate documentation within the specified deadlines and/or by on-site reinspection. The documentation consists of the following: a) a copy of a signed and dated deleading contract with a licensed deleader; b) if you or your agent will be doing low-risk deleading work, a completed and signed copy of the CLPPP form, "Documentation of Training to Perform Owner/Agent Low- Risk Abatement and Containment and Deadlines by Which Owner/Agent Low-Risk Work Will Be Completed;" c) a Letter of Lead Paint(Re)occupancy(Re)inspection Certification issued by a licensed private lead inspector; d) copies of results of all lead dust samples taken b the licensed private lead inspector; P P Y P e) a Letter of Full Deleading,Compliance issued by a licensed private lead inspector. In addition, a copy of the deleading notification must be received by this agency at least ten(10) business days prior to any commencement of deleading. The law provides penalties of up to $500 for each day of non-compliance. In addition,you may become liable for civil punitive damages equal to three times the amount of any actual damages for failure to comply with this Order. CORRECTION OF VIOLATION BY CODE ENFORCEMENT AGENCY If the dangerous levels of lead are not abated or contained for full compliance within the time periods stipulated above, this agency may contract with a licensed deleader to correct the violation and bill the owner, or initiate court action to reimburse itself. - = RIGHT TO A HEARING You may request a hearing pursuant to 105 CMR 460.900 of the Regulations for Lead Poisoning Prevention and Control, in conjunction with the procedures of 105 CMR 400.200 (B), the Sanitary Code provision for hearings in emergency public health matters. As already noted, the aforementioned violation constitutes an emergency. (See "Declaration of Emergency" section.) As such, you may request a hearing only if you have complied with this Order. The hearing will M r be provided within ten days of your request. This agency shall issue a written decision within seven days after the hearing. �i� Inspector Ca�d Massachusetts Department of Public Health Childhood Lead Poisoning Prevention Program (DPH/CLPPP) C:\WP50\LEAD1995\GENERAL1GENE2ZAL I\OTCP3Ll. Post-Compliance Assessment Determination Report r JLL ADDRESS O: PROPERTY -c ASSESSOR' S/INSPSC'='OR' S NAME/ ( � ncrude un - - -- appi-cab1 e) .G^NCv/ADDRESS/L=CENSE NU ER _ - _ (/elf Environmental Department �/Vl%��,�- 1A Barnstable, MA 02630 =5 rSSESSoR' S/-=NS=ECT0R' S S GN=_' JP . - v ��KK<ENT OW'-i R' S N?�'iE NTD SS CL ;^ - r(tr ; n/ r J fa v SLID k' ar __^_ter /1 �Letie= 0= Full Comi_-ante was oreV_cu's t y ssued =or Lett_ o: _m �'Oi�L___/ - __is property by risk assessor/* nspectcr license - 7 a-° k - GRA�t"'TED GR.?'SD='A'T_'EEP--D STATUS BY CLPP : (C=rc-e) `_ES SIC: HAS T-IS PRO_ERT`_' Bum POST ASSESSMENT, R=V�•AT LEAD HAZARDS? (Circle) NO =� I+Y=T::,Ay 'TESTING HETROD (S) USED : A�f exoirati or_ date (�e� '"' f c� XRF Medea �E'rJ Serial = �2 Z e=S are I1L'mL`ered and Sur=aces GI'C _ile__ OCG�-:� -= LASE NOTE: Rooms a d common a_ Jl arelabelled in accordance wi �h `^e i y�;t;al inSpeCti on rcJG=t CQ»Ced �v r/� Spector %Can P (_/�l2_/i> / license ssued by risk assessc _� c�a DATE OF POST CODOLI NCE ASSESSHENT: =F APPLICABLE: DATE REOCCUPANCY APPROVEM : , � by risk assessor/inspector lrCenSe signature DATE DETERM== THAT INTERIM CONTROL/FULL COIfPLIANCE RESTORED: by risk assessor/inspector license n signature — Post-Compliance Assessment Determination Report �J Or PROPERTY ADDRESS ncluae un-it T 1r appl_cable} ya To U Environmental Department //ya i S � upenor our ou Barnstable, MA 02630 Comp Method Surface and Location Description of Hazard! Comp p - I (include room Initial Test Result- (if tested Date name!;: as part of assessment) moo M / �eat s�i/ I /pose s:Ov2 r. in !I 400r- f�V� Ccnc/ /00Se- A� Sid 11 ca-sin e' I � p si f. 2� �e r.'O r C6 y caloc�r)� /° . C171-a /o o l i `I g Si`C�e Door 7726res,i i e�f ems, v v a e ; ?' /0 a b s,-Ue o0o Th�� /do �xfer^ 'or" I �CLr• f� v�Q `CI� I I S••c% 6e//Cl r-� all#1�OGG'S I I OOOr- T�-Sf�o�C/ Q�'�/I�i•0.7 /�''�"s� �-� v'-�Cv��O i I Comments (include 1} key _ codes or abbrev_at_ons used 2) i i ndicaton 0= any rooms-or statement contaln_ng no vlold`_ions} � I i a DATE OF POST-COMPLIANCE ASSESSMENT: RISK ASSESSOR' S/INSPECTOR' S SIGNATURE: