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HomeMy WebLinkAbout0118 PINE STREET - Health (2) Iwo The Town of Barnstable Health Department { "" & 367 Main Street, Hyannis, MA 02601 .w. F �0 r I' 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 ! 5 y{ 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