HomeMy WebLinkAbout0054 ELM STREET - HAZMAT rh
5 M E A
KEEPING YOU ORGANIZED
No.10334
2453L,
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The Town of Barnstable
Health Department
1 ""tea ` 367 Main Street, Hyannis, MA 02601
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Office 508490-6265 Thomas A. McKean
FAX 508-775-3344 Director of Public Health
August 18, 1993
Tom Lynch
Barnstable Housing Authority
146 South Street
Hyannis, MA 02601
A lead paint determination was made of the property owned by
you at 54 Elm Street, Hyannis by Donna Miorandi of the
Barnstable Health Depart-m-e—n-t-75-Ir August 19, 1993. This
determination revealed the presence of lead paint in
violation of Massachusetts General Laws, Chapter 111,
section 197 .
Please contact Donna Miorandi at 790-6265 between 8:30 -
9:30 a.m. or 1:00 - 2 :00 p.m. 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) .
Health Iroector Director of Public Health
cc: Jane Crowley
Barnstable County Health Dept.
r
The Town of Barnstable
•J Health Department
1 ""ST'm 367 Main Street, Hyannis, MA 02601
Office 508490-6265 Thomas A. McKean
FAX 508-775-3344 Director of Public Health
August 18, 1993
ORDER TO CORRECT VIOLATION
Tom Lynch
Barnstable Housing Authority
146 South Street
Hyannis, MA 02601
The property owned by you located at 54 Elm Street, Hyannis
was inspected on August 16, 1993, by Donna Miorandi, 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.
ORDER
e
You are herebyordered to remedy all violations of M.G.L.
Y
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 licable sections of 105 CMR
P
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.
_ems
Thomas A. McKean,
Director of Public Health
r
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ORDER TO CORRECT VIOLATION
cr ~
The pro pert own d by you located at
A wa 'nspected
199�, by l� 0 CA
HealthInspector for the Town o Barnstab a 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.
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 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
receipt of this order; --and a Letter of
'n 90 days of �
within y p
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
OC9
Dear
A lead pai am'nati�wa�pdr fi the property owned by
MA
� .,�� by
of he Barnstable Health Department
on , 19W. This determination revealed
the presence -of lead paint in violation of Massachusetts
General Laws, Chapter 111, section 1977
p
Please contactJ,QAf" M I PRANDI 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 (sixtyl 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) .
Health Inspector Director of Public Health
cc: Susan Rask,
Barnstable County Health Dept.
i
DISCLAIMER CONCERNING LEAD DETERMINATION REPORT
Attached is a copy of the lead determination report.
The information contained in this report concerning the
presence or absence of lead paint does not constitute a
comprehensive lead paint inspection. The surfaces tested
represent only a portion of those surfaces which would be
tested to determine whether the premises are in compliance
with the Massachusetts Lead Poisoning Prevention Law
(Massachusetts General Laws, Chapter 773 Sections 190-199.
If a child under six resides or will reside in this
dwelling, the owner may face criminal or civil liabilities
unless all lead paint violations have been corrected. This
lead report cannot assure that the property owner has met
• e law.
or her obligations under th
his g
It is unlawful for rental property owners to use the
presence of lead as the basis for discrimination against
tenants or potential tenants with young children.
Serious lead poisoning hazards are created when materials
containing lead paint are disturbed, unless proper safety
guidelines are followed: Therefore, Massachusetts law
requires that:
Any deleading work done on the premises must be done by
a certified or licensed deleader.
Any renovating or rehabilitation of premises containing
dangerous levels of lead paint must be done in
compliance with the procedures set forth in the
Regulations issued by the Department of Labor and
Industries (454 CMR 22. 11) , including sealing off the
work area from the adjacent areas, and using a HEPA
vacuum and TSP for final cleanup.
Any deleading work done on the basis of this report will not
qualify the owner or occupant for a state tax credit, nor
will the cost of such deleading be reimbursable under any
state loan or grant programs. In order to qualify for such
programs, the premises must first be subject to a
comprehensive lead paint inspection.
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David K Muglpan 07-&M-8700, 9iW&7-s22-673s
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LEAD DETERMI ATI NS REPORT FORM
Date of Dete ina l� o
Inspector:
License #: Z I 119tflz
Method Used: Sodium Sulfide Expiration date:
X-Ray Fluorescence Model:
Serial :
MOV/
Property Address: 51 o Apt. n
Description of Proper y:
Single family
Multi-family # units
Garage
Fence
Other structures
Age of Property: X Pre-1978
Post-1978 �
Occupant:
Occupants under s e rs of age: Q Q�
DOB: U V
70 Cy DOB:
DOB:
OB:
vivil
Occupant' s Telephone:
b
Property owner's) : c
owner' s Address: D E
owner' s Telephone:
An X-ray fluorescence reading greater than 1. 3 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.
i
175
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Pb
SOURCE
LOCATION
Window•parting
1, Child' s bedroom bead/exterior sill area
bedroom Window sill
2, Child' s Window Parting
3 , Living room bead/exterior sill area
w parting _ . •:
Wind
•1
• W1. sill area 1
q , Kitchen bead/exterior
Flaking paint
5, Interior. . ...
Flaking paint
6. Exterior
7 . Exterior
Cellar window units
Window sills below 5 '
g, Exterior Main entry door or door
9. Exterior casing
Outside corner of baseboard
10. Interior
Chair rail
11• Kitchen or Bathroom
Window sill
12 , Bathroom
Threshhold
13 . Exterior
Interior hallway Stair tread or stringer
14 . I
(common area) --
Balusters
15. Interior hallway
(common area)
Door casing
16. interior hallway
(common area) I
tread o
Stair = riser I
117 • I Porch
I Railing cap I
is . Po--ch .
Balusters
19. Porch I
Support columns
20. Porch (<6'1 diameter or scxuare) I
Staircase stringer I
21. I Porch
I Bulkhead I
22 . Exterior ing o= jamb
23 . Garaae/Outbuilding
Door cas
176
� . .
~24/ Interior close{ door or baseboard —
(uncapped)
� k5. interior
Cabinet door, shelf, or . . .
z wall
| 26.
27.
� 28\
� _]O,
�> . . . . .
<�<
�±
��2
.� . .
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& < • 177
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Barnstable
BAP.'.YABLE. /a /•(,j' Ye+fdL'..%—�--..—J F
Housing Authority
�nrfK
146 South Street. Hyannis, Massachusetts 02601 4«
\�����• r:�ter'-I;i, .._•__ 2
Ms. Donna Miorandi, Health Inspector
Town of Barnstable Health Department
367 Main Street
Hyannis, MA 02601
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Barnstable
BARNSTABLE.p Telephone(508)771-7222
9 MASS. 0 Housing Authority 146 South Street•Hyannis,Massachusetts 02601
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orFO MAC
September 30, 1993
Donna Miorandi, Health Inspector
Town of Barnstable Health Department
367 Main Street
Hyannis, MA 02601
Dear Ms. Miorandi:
I am writing,to update you on the BHA's progress with regards to the lead paint issue at
54 Elm Street, Hyannis. The Housing Authority has solicited lead abatement
proposals from local contractors for the property. The State Executive Office of
Communities & Development (EOCD) has been notified of the situation and has
assigned the Authority an architect through their office to visit the property, review
proposals and help put together a successful plan for the lead abatement.
We share your concerns about the moral and legal obligations which we as a Housing
Authority have with respect to our responsibility to provide decent and safe affordable
housing to our low-income residents. We are confident that with EOCD's assistance,
we will be able to put together an effective plan to delead this property and thus be in
full compliance.
Please contact me with any questions or concerns you may have with regards to
this matter. Thank you for your assistance and cooperation.
Sincerely,
Thomas K. Lynch
Executive Director
Equal Housing Opportunity Agency