HomeMy WebLinkAbout0150 SEA STREET - HAZMAT eA
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The Town of Barnstable
" Health Department
31Aurrim,
Rua 367 Main Street, Hyannis, MA 02601
t639.
Office 508-790-6265 Thomas A. McKean
FAX 508-775-3344 Director of Public Health
June 16, 1993
ORDER TO CORRECT VIOLATION
Marjorie Robinson
273 Huckins Neck Road
Centerville, MA 02632
Dear Ms. Robinson,
The property owned by you located at 150 Sea Street, Hyannis
was inspected on June 11, 1993, by Jerome Dunning, H-e—alth
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
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 s thi a within 60
agency Y
(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 qourt action to reimburse itself.
Thomas A. McKean,
Director of Public Health
I
r
The Town of Barnstable
. ITAn Health Department
...&
1 "" 367 Main Street, Hyannis, MA 02601
039
F
Office 508-790-6265 Thomas A. McKean
FAX 508-775-3344 Director of Public Health
June 16, 1993
Marjorie Robinson
273 Huckins Neck Road
Centerville, MA 02632
Dear Ms. Robinson:
A lead paint determination was made of the property owned by
you at 150 Sea Street, Hyannis by Jerome Dunning of the
Barnstable Health Department on June 11, 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.
f
t
-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) .
77�! � "�,L
H&Alth Inspector V Director of Public Health
cc: Jane Crowley
Barnstable County Health Dept.
.1 1
r
1992
Dear
A lead paint determination was made of the property owned by
you at ' g,., sfi� . by
Aso �� �.,..�
of Department he Barnstable Health
on 6,,/t_93 , 1992 . This determination revealed
the presence of lead paint in violation of Massachusetts
section 197.
General Laws, Chapter 111, s e
Please contact at 790-6265 as soon
as possible to dis uss your respolfisibilities 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.
a
This Department is required by law to file a case against i
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.
I
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: is c,
Barnstable County Health Dept.
ICE> The Town of Barnstable
Health Department
367 Main Street, Hyannis, MA 02601
039.
ru•
. . . on
Office 508-796-6265 Thomas A. McKean
FAX 508-775-3344 Director of Public Health
June 15, 1993
To Whom It May Concern:
On April 27, 1993 a lead determination was conducted at 150 Sea Street, Hyannis, at the
request of Margaret and Alphonso Williams. The Inspector, Jerry Dunning of the Barnstable
Health Department took 5 different samples from the kitchen windows and doors. All
5 samples showed lead paint, but on checking his sodium sulphide it was past the expiration
date. Mr. Dunning was going to make another determination when the new materials
arrived.
Due to a mix-up in communication, the samples were not done until Friday, June 11, 1993.
They again were positive and a letter is being sent out to the owner directing her to do
a complete lead inspection of the house. Expiration date of sodium sulphide used was
July 19, 1993.
Very truly yours,
Jerome Dunning
Health Inspector
Town of Barnstable
JD/bcs
". In adcordane•e with',Chaptitr::773;:of tthe. acts of 1987, Has aachusotts General
-and 105 CMR 460.00
Laws C.111 �197 y� , 654 'CNtt 22 .00 . notice of the
date and method (S) of removal or covering, of paint . plaster soil or
other accessoble -material containing dangerous levels of lead , is
to he provided to the folowtng persons at least five Mays prior
to the hegintng of deleadtng .
I . Orupants of the dwelling unit .
2 . All other occupants of the resi rernisis. it an .
3 . Ili rector . Childhood Lead Poisoning 11ravention Program
Department of Public Health , 305 South Street , jamica Plain ,
Massachusetts 02130
4 . Lead Removal Program, Bureau of Technical Setvices , Department
Of Labor and Industries , Division of Industrial Safety , 100
Cambridge Street , Room 1101 , Boston , Mass . 02202
5. Local Boards of Health/Code Inforcement Agency .
6. Massachusetts Historical Commission (if listed on the register
Of Historic Places . )
The undersigned Hereby states , under the penalties of perjury
that s/he has read and . understood The Commonwealth of Massachusetts
Deleading Regulations , 454 CMR 22 .00, and the Lead Poisoning Prevention
and.--Cantral..Regula.ti_o.>ns.,__JO.S. ,CHR 460.00 , and that the information
Contained An this =notification is true and correct to the best of
Date— ` Z— Signed
Title PRESIDENT
Company AMERICAN LEAD ABATEMENT INC.
___ _ not valid without corporate seal applied
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Ste\
�VVlpleun F.Weld �7 ��! �-- Childhood load
cftatli ✓�!e'a LG Poisoning
Governor Prevention Program .
�''P,'om �° Jos cf04eA f 0oatonf� 021so-JV7 800-s32-9571
David K MuUlp n 617-s22-3700, �i�617-s22-8735
CommW&kxwr
LEAD DETERMINATIONS REPORT FORM
Date of Determination: 4:9 3
Inspector:
License #: yS/
Method Used: _ CC Sodium Sulfide Expiration date:
X-Ray Fluorescence Model:
Serial :
Property Address: /s O S o.� ST k&AMn&�j /A c— Apt-
Description of Property:
_.>C Single family
Multi-family units
Garage
Fence
Other structures
Age of Property: _y Pre-1978
Post-1978
Occupant: 1
Occupants under si years of age:
DOB:
DOB:
DOB:
occupant ' s Telephone: '7 26 S a. I
Property owner's) :
Owner's Address:
Owner' s Telephone:
An X-ray fluorescence reading greater than l. ') 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
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T
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Pb
SOURCE
LOCATION ... ... . . .
OW parting
Wind
1, Child' s bedroom bead/exterior sill area
bedroom Window sill
2 , Child s 3, Living room Window parting
bead/exterior sill area
Window parting
4 , Kitchen bead/exterior sill area
in
Flak g Paint
5, Interior. . k
Flaking paint
6, Exterior
Cellar window units
Exterior
i
Window sills below 5 ' X g, Exterior door or door
Main entry
g. Exterior casing
Outside corner of baseboard
10. Interior
11. Kitchen or Bathroom Chair rail
Window sill
12 , Bathroom
Threshhold
13 . Exterior Stair tread o_ stringer
r
14 , Interior hallway _
(common area) Balusters
1 --
5, Interior hallway
I
I (common area) I
Door casing
16. Interior hallway
(common area) I
I
tread o= riser Stair I
117 . Porch
I Railing can I
18 . Por ch .
Balusters v
, g , Porch I
Suppo t columns
20. Porch (<611 diameter or s ^
21. Porch cxuare)
Staircase stringer Bulkhead I
I I
I I
22. Exterior o= 7 arb
23 . Garage/
outbuilding Door casing
176 I
I
V5T
4Interior Closet door or baseboard
(uncapped)
Interior Cabinet door, shelf, or
wall
126.
27.
28.
29
30.
E 7'SY
fig
°? 177
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