HomeMy WebLinkAbout0118 PINE STREET - Health (2) Iwo
The Town of Barnstable
Health Department
{ "" & 367 Main Street, Hyannis, MA 02601
.w. F
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Office 508-790-6265 Thomas A. McKean
FAX 508-775-3344 Director of Public Health
February 23, 1993
Antoinette Merolla
49 College Ave.
Somerville, MA 02144
NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00, STATE SANITARY
CODE II, MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION
The property owned by you located at Apt. 2 1-8' Pine Street
Hyannis, Ma. was inspected on February 22,;,.; , Jerry
Dunning Health Inspector for the Town of Barnstable, because
of a complaint. The following violations of 105 CMR 410.00,
State Sanitary Code II, Minimum Standards of Fitness for
Human Habitation were observed:
410.251: Ceiling light fixture is inoperable in kitchen.
410.351: Switch plate in kitchen is not covered.
410.501: No storm doors or windows provided.
410.502: Certified lead determination found positive for
lead.
410.482: No smoke detectors.
You are directed to correct 410.482 within twenty-four (24)
hours of receipt of this notice.
You are also directed to correct the remaining violations
within seven (7) days.
You may request a hearing if written petition requesting
same is received by the Board of Health within seven (7)
days after the date order is received. However, these
violations must be corrected regardless of any request for
a hearing.
Please be advised that failure to comply with an order could
result in a fine of not more than $500. Each separate day's
failure to comply with an order shall constitute a separate
violation.
PER ORDER OF THE BOARD OF HEALTH
Thomas A. McKean
Director of Public Health
cc: Hyannis Fire Dept.
Y P
cc: Kimberly Wood, tenant
pfT�ETp`4 The Town of Barnstable
Health Department
} 717TI"
rNa 367 Main Street, Hyannis, MA 02601
�I N
Office 508-790-6265 Thomas A. McKean
FAX 508-775-3344 Director of Public Health
February 24, 1993
Antionette Merolla
49 College Avenue
Somerville, MA 02144
Dear Ms. Merolla,
A lead paint determination was made of the property owned by
you at Apt. 2, 118 Pine Street, Hyannis by Jerome Dunning of
the Barnstable Health Department on February 22, 1993. This
determination revealed the presence of lead paint in
violation of Massachusetts General Laws, Chapter 111,
section 197 .
Please contact Jerry Dunning at 790-6265 as soon as possible
to discuss your responsibilities in this case, and the
material enclosed.
Massachusetts Lead Poisoning Prevention Regulations require
that you provide to this office, within 60 (sixty) days of
your receipt of this letter, a written contract with a
licensed deleader to abate all lead violations existing in
the dwelling unit, including interior and exterior common
areas. You must provide the deleading contractor with a
complete inspection report from a licensed lead paint
inspector.
The deleading contract must be signed by the contractor and
by you; it must specify that all violations on the interior
of the unit and the interior common areas will be deleaded
within 90 (ninety) days of your receipt of this letter, and
that all exterior violations and/or window replacement will
be complete within 120 (one hundred and twenty) days:
This Department is required by law to file a case against
you in court if it has not received a copy of the deleading
contract by the sixty-first day, or if the above timelines
for interior and exterior deleading compliance are not
adhered to as documented by a private lead paint inspector.
In a criminal case, you may be fined by the court up to $500
for each day of non-compliance.
Only contractors licensed by the Department of Labor and
Industries as deleading contractors may engage in the
removal, covering, or replacement of lead hazards. Neither
you nor anyone in your employ nor the occupants of this unit
may remove or cover any lead paint unless that person is a
licensed deleading contractor.
The contractor must provide written notification to the
Department of Labor and Industries, all residential
occupants, the Board of Health, and the state Childhood Lead
Poisoning Prevention Program (CLPPP) at least five days
before any deleading work begins. It is your
responsibility, as the owner of the premises, to make sure
that the contractor sends the completed forms to all
parties.
All occupants and pets must be out of the dwelling unit for
the entire time that interior deleading work is in progress.
They may not return until a licensed private inspector
approves reoccupancy by conducting an on-site reinspection
of the unit; this will be done after the final deleading
clean-up. Deleaded windows and doors must have all panes of
glass intact and must be weathertight.
You are required to provide written notice of the presence
of lead paint to all other occupants of the building.
"Notice to Tenants of Lead Paint Hazards" is enclosed for
that purpose.
You are required to send a copy of the inspection report and
the closed order to all mortgagees and lienholders of
record.
Questions regarding Department of Labor and Industries
regulations should be addressed to the DLI office (617-727-
1932) . Questions regarding the Department of Public Health
regulations should be addressed to the CLPPP central office
(800-532-9571) or this Department (508-790-6265) .
��,,,•�� L,l,vr,�--,per. -----—
ealtH Inspector Director of Public Health
The Town of Barnstable
Health Department
1 "a'STAM 367 Main Street, Hyannis, MA 02601
rua
Office 508-790-6265 Thomas A. McKean
FAX 508-775-3344 Director of Public Health
February 24, 1993
ORDER TO CORRECT VIOLATION
Antionette Merolla
49 College Avenue
Somerville, MA 02144
Dear Ms. Merolla,
The property owned by you located at Apt. 2, 118 Pine
Street, Hyannis was inspected on February 22, 1993, by
Jerome Dunning, Health Inspector for the Town of Barnstable,
who has determined certain portions of the aforementioned
residential property to be in violation of the State
Sanitary Code Chapter II, "Minimum Standards of Fitness for
Human Habitation, " 105 CMR 410.750 (J) . This violation also
constitutes a violation of the Regulations for Lead
Poisoning Prevention and Control, 105 CMR 460.000, and
Massachusetts General Laws, Chapter 111, section 197 .
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 and the Board of Health declare that the presence of
the aforementioned violation presents an immediate danger of
lead poisoning to one or more occupants of the premises and
that this constitutes an emergency pursuant to Massachusetts
General Laws (MGL) , Chapter 1, Section 400.200 (B) .
ABATEMENT OF LEAD VIOLATIONS
M.G.L. Chapter 111, Sections 190-199A and the Department of
Labor and Industries Deleading Regulations, 454 CMR 22.00,
as well as the Regulations for Lead Poisoning Prevention and
Control require that only licensed deleading contractors
conduct residential lead abatement. This means that you
cannot conduct lead abatement yourself or hire anyone other
than a licensed deleading contractor. Violations of this
requirement shall be punished by a fine of not less than
five hundred nor more than 1500 dollars for each offense.
I_
ors
^T. ,
ORDER
You are hereby ordered to remedy all violations of M.G.L.
Chapter 111, Section 197 and 105 CMR 460.000 as identified
by a licensed private lead inspector. You must contract in
writing with a licensed deleader and a signed and dated copy
of the contract must be received by this agency within 60
(sixty) days of your receipt of this Order. Said contract,
must specify that all violations on the interior of the
residential premises or dwelling unit and interior common
areas will be abated within 90 (ninety) days of receipt of
this Order. In addition, the contract must specify that all
violations on the exterior of the residential premises and
exterior common areas will be abated within 120 (one hundred
and twenty) days of receipt of this Order. If windows are
to be replaced and you can demonstrate that an order had
been placed for the windows within 60 (sixty) days of
receipt of this Order, you will have 120 (one hundred and
twenty) days from receipt of this Order to install the new
windows.
You must comply with all applicable sections of 105 CMR
460.000. Compliance will be determined by this agency's
receipt of the appropriate documentation within the
specified deadline, including: a copy of a signed and dated
deleading contract within 60 days of receipt of this Order;
a Letter of Lead Paint Reoccupancy Reinspection
Certification issued by a licensed private lead inspector
within 90 days of receipt of this Order; and a Letter of
Lead Abatement Compliance issued by a licensed private lead
inspector within 120 days of receipt of this Order. In
addition, a copy of the deleading notification must be
received by this agency at least five days prior to any
commencement of deleading.
PENALTIES
Failure to comply with this order will result in criminal
prosecution. 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 any
actual damages for failure to comply with this order of a
child becomes poisoned.
CORRECTION OF VIOLATION BY CODE ENFORCEMENT AGENCY
If the dangerous levels of lead are not . abated 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.
Thomas A. McKean,
Director of Public Health
C./
Wullam F.Weld ✓ � Childhood L @d
Governor Utatli ✓itd' i Poisoning
r ./ r , Prevention Progmm
)avid P.Fmberg 30S foaA f&e%l� _qo&4Y4./YW 02130-307 8O0-532.9571
8eMWY
D&W K Wigan 617-522-370 , ax,617-522-B7V
CommlulOW .
LEAD DETERM ATIONS REPORT FORM
Date of Determination: �,�. - 3
Inspector:
License U
Method Used: _ Sodium Sulfide Expiration date: V -2_9.3
X-Ray Fluorescence Model:
Serial :
Property Address: ILK �wa`p ,° l �,_ Apt IT a__
Description of Property:
Single family
Multi-family # units _
Garage
Fence
Other structures
Age of Property: -- C Pre-1978
Post-1978 i
occupant:
Occupants under six ye rs of age:
DOB: ti
DOB:
DOB:
DOB:
Occupant' s Telephone:
Property owner(s) :
Owner's Address:
's
Owner' s Telephone:
An X-ray fluorescence reading greater than 1. 1 mg/cm2 or a gray or
black reaction to sodium sulfide indicates an illegal level of lead
and constitutes a positive determination.
Any removal, replacement, or covering of lead paint as a result of
this report or subsequent inspection must be performed only by a
deleading contractor licensed by the Department of Labor and
Industries.
175
r
4
Pb
SOURCE
LOCATION
Window parting
1, Child' s bedroom bead/exterior sill area
2. Child's bedroom
Window sill
Window partingsill
area
3, Living room bead/exterior
Window parting
q , Kitchen bead/exterior sill area
j Flaking paint
5. Interior. . ..
Exterior
Flaking paint
6,
7 , Exterior
Cellar window units
S. Exterior
Window sills below 5 '
�
Main entry door or door
g, Exterior casing
nt
Outside corner of baseboard
10. I erior
11.
Kitchen or Bathroom Chair rail
Window sill
12 , Bathroom
Threshhold
13 . Exterior stringer
Stair tread o_r
14 . Interior hallway _
(common area) I
15. I Interior hallway
Balusters
(common area) I
Dooz casing
16. Interior hallway
(common area) I
I Stair tread or riser I
117, Porch
I Railing cap I
18 . Porch .
Balusters
19, Porch � I
Support columns
20. porch (<6" diameter or scruare) I
Staircase stringer I
21. I Porch
I Bulkhead I
22. Exterior jamb
23 , Garaae/
Outbuil ding Door casing o=
176 I
Closet door or baseboard '
24 . Interior
(uncapped)
25. Interior Cabinet door, shelf, or �.
wall
126. --
27.
28.
29
30.
•fats'
177
.s.
S.
•l��4•'M1
ti«y •
F�
7
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Y A
I
�IRE Tp` The Town of Barnstable
Health Department
367 Main Street, Hyannis, MA 02601
039
rua
�0■ k•
Office 508-790-6265 Thomas A. McKean
FAX 50b-j'Pe344 13- 3 Director of Public Health
NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00, STATE SANITARY
CODE II MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION
The property owned by you located at Ap-j-- x, jj(8 sT,
inspected on 199; by,
Health Inspector for the Town of Barnstable, because of a
complaint. The following violations of 105 CMR 410.00,
State Sanitary Code II, Minimum Standards of Fitness for
Human Habitation were observed:
o . 161 1z
u.0. 60 1 = IV o .�To►vL �-vR� v
You are directed to correct these violations within twenty-
four (24) hours of receipt of this notice.
You are also directed to correct
within t1f&A/Sa Xq days/hours of receipt of this
notice. -7 &41--e
You may request a hearing if written petition requesting
same is received by the Board of Health within seven (7)
days after the date order is received. However, these
violations must be corrected regardless of any request for
a hearing.
Please be advised that failure to comply with an order could
result in a fine of not more than $500. Each separate day's
failure to comply with an order shall constitute a separate
violation.
PER ORDER OF THE BOARD OF HEALTH
Thomas A. McKean
Director of Public Health
t ld� F .
�, o K-� A . ti. ► i A-4> 6T.
Dear cSU�+ "'`� ' /(1 e�, 6 0k. Z '�Y
A lead paint determination was made of the property owned by
you at -A o& I l 16 & a ► � by
of th Barnstabl He lth DepartYdent
on -a,1 , 1992 . This determination revealed
the presence of lead paint in violation of Massachusetts
General Laws, Chapter 111, section 197.
Please contact !Aoe 4��5 11A. ,.&10.c at 790-6265 as soon
as possible to dis6AsS Gyour respons1kbilities in this case,
and the material enclosed.
Massachusetts Lead Poisoning Prevention Regulations require
that you provide to this office, within 60, (sixty) days of
your receipt of this letter, a written contract with a
licensed deleader to abate all lead violations existing in
the dwelling unit, including interior and exterior common
areas. You must provide the deleading contractor with a
complete inspection report from a licensed lead paint
inspector.
The deleading contract must be signed by the contractor and
by you; it must specify that all violations on the interior
of the unit and the interior common areas will be deleaded
within 90 (ninety) days of your receipt of this letter, and
that all exterior violations and/or window replacement will
be complete within 120 (one hundred and twenty) days.
This Department is required by law to file a case against
you in court if it has not received a copy of the deleading
contract by the sixty-first day, or if the above timelines
for interior and exterior deleading compliance are not
adhered to as documented by a private lead paint inspector.
In a criminal case, you may be fined by the court up to $500
for each day of non-compliance.
Only contractors licensed by the Department of Labor and
Industries as deleading contractors may engage in the
removal, covering, or replacement of lead hazards. Neither
you nor anyone in your employ nor the occupants of this unit
may remove or cover any lead paint unless that person is a
licensed deleading contractor.
The contractor must provide written notification to the
Department of Labor and Industries, all residential
occupants, the Board of Health, and the state Childhood Lead
Poisoning Prevention Program (CLPPP) at least five days
before any deleading work begins. It is your
responsibility, as the owner of the premises, to make sure
that the contractor sends the completed forms to all
parties.
All occupants and pets must be out of the dwelling unit for
the entire time that interior deleading work is in progress.
They may not return until a licensed private inspector
approves reoccupancy by conducting an on-site reinspection
of the unit; this will be done after the final deleading
clean-up. Deleaded windows and doors must have all panes of
glass intact and must be weathertight.
You are required to provide written notice-of the presence
of lead paint to all other occupants of the building.
"Notice to Tenants of Lead Paint Hazards" is enclosed for
that purpose.
You are required to send a copy of the inspection report and
the closed order to all mortgagees and lienholders of
record.
Questions regarding Department of Labor and Industries
regulations should be addressed to the DLI office (617-727-
1932) . Questions regarding the Department of Public Health
regulations should be addressed to the CLPPP central office
(800-532-9571) or this Department (508-790-6265) .
al InspectotJ Director of Public Health
cc: Susan'�t�
Barnstab unty �hDept.
Y
� r
, 4_ 2
ORDER TO CORRECT VIOLATION
The property owned by you located at
It P 3r, was inspected on
- 3 U 1992, by gRe.,,„,t Y �
Health Inspector for the Town ofV Ba nstable Ao has
determined certain portions of the aforementioned
residential property to be in violation of the State
Sanitary Code Chapter II, "Minimum Standards of Fitness for
Human Habitation, " 105 CMR 410.750 (J) . This violation also
constitutes a violation of the Regulations for Lead
Poisoning Prevention and Control, 105 CMR 460.000, and
Massachusetts General Laws, Chapter 111, section 197 .
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 and the Board of Health declare that the presence of
the aforementioned violation presents an immediate danger of
lead poisoning to one or more occupants of the premises and
that this constitutes an emergency pursuant to Massachusetts
General Laws (MGL) , Chapter 1, Section 400.200(B) .
ABATEMENT OF LEAD VIOLATIONS
M.G.L. Chapter 111, Sections 190-199A and the Department of
Labor and Industries Deleading Regulations, 454 CMR 22.00,
as well as the Regulations for Lead Poisoning Prevention and
Control require that only licensed deleading contractors
conduct residential lead abatement. This means that you
cannot conduct lead abatement yourself or hire anyone other
than a licensed deleading contractor. Violations of this
requirement shall be punished by a fine of not less than
five hundred nor more than 1500 dollars for each offense.
r
ORDER
You are hereby ordered to remedy all violations of M.G.L.
Chapter 111, Section 197 and 105 CMR 460.000 as identified
by a licensed private lead inspector. You must contract in
writing with a licensed deleader and a signed and dated copy
of the contract must be received by this agency within 60
(sixty) days of your receipt of this Order. Said contract,
must specify that all violations on the interior of the
residential premises or dwelling unit and interior common
areas will be abated within 90 (ninety) days of receipt of
this Order. In addition, the contract must specify that all
violations on the exterior of the residential premises and
exterior common areas will be abated within 120 (one hundred
and twenty) days of receipt of this Order. If windows are
to be replaced and you can demonstrate that an order had
been laced for the windows endows within 60 (sixty) days of
receipt of this Order, you will have 120 (one hundred and
twenty) days from receipt of this Order to install the new
windows.
You must comply with all applicable sections of 105 CMR
460.000. Compliance will be determined by this agency's
receipt of the appropriate documentation within the
specified deadline, including: a copy of a signed and dated
deleading contract within 60 days of receipt of this Order;
a Letter of Lead Paint Reoccupancy Reinspection
Certification issued by a licensed private lead inspector
within 90 days of receipt of this Order; and a Letter of
Lead Abatement Compliance issued by a licensed private lead
inspector within 120 days of receipt of this Order. In
addition, a copy of the deleading notification must be
received by this agency at least five days prior to any
commencement of deleading.
PENALTIES
Failure to comply with this order will result in criminal
prosecution. 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 any
actual damages for failure to comply with this order of a
child becomes poisoned.
CORRECTION OF VIOLATION BY CODE ENFORCEMENT AGENCY
If the dangerous levels of lead are not abated 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.
Thomas A. McKean,
Director of Public Health